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What does it mean by consideration must move from promisee?
In contract law, consideration is the benefit received by each party in a contract. It must move from the promisee to the promisor, meaning that the promisee must provide something of value in exchange for the promise made by the promisor for the contract to be legally binding. This ensures that both parties are giving and receiving something in the agreement.
Can an incidental beneficiary sue directly to enforce a promisee's promise?
No. Only intended beneficiaries and contract parties can sue for breach of contract.
Who is the promisor in a contract?
the promisor in a contract may also called Obligor.The promisor is a law term that refers to the party who is on the receiving end of a promise. The party making the promise is the promisee.Actually it's the other way around- a promisee is on the receiving end, while the promisor is the one making the promise. In a bilateral contract (I promise to give you my car, you promise to give me $10,000), both parties are promisor and promisee because they are each making a promise and receiving a promise.
Privity of contract and privity of consideration?
Privity of consideration: In England consideration must move from the promisee. If it is furnished by any other person ,the promisee becomes a stranger to the consideration and,therefore,cannot enforce the promise promisee seeking to enforce an agreement must show that he himself furnished the consideration for the promise give by the other party.The principle is known as the doctrine of privity of consideration.This principle is not applicable in INDIA.Privity of contract : A contract cannot confer any right on one who is not a party to the contract even though the very object of the contract may have been to benefit him.Only a person who is party to a contract can sue on it.This principle is applicable in INDIA.
Define between essentialia naturalia and incidentalia?
essentialia are term of a contract that identify the contract as one of the specific contract.naturalia are terms that are implied into a specific contract by law and incidentalia are the other term of the contract that parties have to agree to
What Two key people are required for every contract?
The promisor and promisee. What could potentially be the plaintiff and defendant in civil litigation for breach of contract. There must be mutual assent by the parties and there must be an offer and acceptance.
Termination of contract?
How can u define "Termination of Contract"?
Is a promisee a person who makes a promise?
No, a promisee is the person to whom a promise is made. They are the one who is entitled to the benefit or performance promised by the other party, known as the promisor.
What is doctrine of waiver under Indian contract law?
Waiver is abndonment of performance and is laid down in Sec. 63 of the Contract Act. This is an unilateral act of the promisee, so no fresh agreement is not required. Example: A was to supply 100 bags of rice of a perticular quality B. B later on came to know that A will suffer heavy loss, if he performs the obligation, B may chose not to insist on performance and discharge A from the obligations of the contract.
Define contractGive essential elements of a valid contract?
An agreement enforceable by law is a contract.(agreement+enforceability by law=contract) Elements: 1) proposal and acceptance 2) lawful consideration 3) free consent 4) writing and registration. 5) legal relationship 6) capacity of parties. 7) possibility of performance.
Who can demand performance of a contract?
PromiseeThe promisee is the person receiving the promise from the promisor or An individual to whom a promise is made.Legal RepresentativeIn its broadest sense, one who stands in place of, and represents the interests of, another. A person who oversees the legal affairs of another person. Examples include the executor or administrator of an estate and a court appointed guardian of a minor or incompetent personThird PartyA third party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been a party to the contract. This right arises where the third party is the intended beneficiary of the contract, as opposed to an incidental beneficiary. It vests when the third party relies on or assents to the relationship, and gives the third party the right to sue either the promisor or the promisee of the contract, depending on the circumstances under which the relationship was createdthis is copied off the internet i am NT to be given credit
Who can demand performance of contract?
PromiseeThe promisee is the person receiving the promise from the promisor or An individual to whom a promise is made.Legal RepresentativeIn its broadest sense, one who stands in place of, and represents the interests of, another. A person who oversees the legal affairs of another person. Examples include the executor or administrator of an estate and a court appointed guardian of a minor or incompetent personThird PartyA third party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been a party to the contract. This right arises where the third party is the intended beneficiary of the contract, as opposed to an incidental beneficiary. It vests when the third party relies on or assents to the relationship, and gives the third party the right to sue either the promisor or the promisee of the contract, depending on the circumstances under which the relationship was createdthis is copied off the internet i am NT to be given credit
