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Topic: “Kinds of contract”
To understand the kinds of contract according to enforceability
To help understand the importance of a valid contract
After completion of this case based learning assignment, learner will be able to:
Differentiate between all types of contract
Learn how each kind of contract has independent legal consequences with regard to formation, enforceability or performance.
Spice Girls (a group of 5 girls) were interested to go on a tour to England but they don’t have money for that. For this purpose they decided to enter into a contract with a car manufacturer Mr. Ahmad under which he agreed to sponsor the Spice Girls' tour in return for his promotional work. The contract was duly signed on 6th May 2011. Suddenly Sahar Naseem left the group on the 27th May of that year. Further Ahmad discovered that Sahar already informed the other members of the group of her decision to leave them prior to the signing of contract. Mr. Ahmad claimed in the court that they had been induced to enter the contract by a caricature.
Finally it was apprehended by the Court on the appeal of Mr. Ahmad that the Spice Girls had made a falsification by conduct in that all of the members participated in a commercial photo shoot at considerable cost of Ahmad, even so at a time when they knew that one of their members was to leave.
You are required to discuss the status of contract between both the parties and also its legal implications. Marks 10
As a student of business and labour law, discuss the point of alterations between fraud and misrepresentation. Give at least five points. Marks 10
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Section 39 is reproduced here under for reference.
“when a party to a contract has refused to perform, or disabled himself from performing his promise in its entirety, the promisee may put an end to the contract, unless he has signified by words or conduct, his acquiescence in its continuance”
Effect of refusal of party to perform promise wholly---When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified; by words on conduct, his acquiescence in its continuance.
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Discharge of contract by operation of law.
In case of insolvency of a party to a contract (Adjudicating a party as insolvent by a court of law.); or say by lapse of time under Limitation Act, contract shall stand discharged.
and go to the page number 55 and 73
there are the solution, just read the pages 1 to 2 hour you will find the solution.
just an idea........ 2nd question ans
If a company knowingly publishes inaccurate information about a product with the intent to generate more sales then that is fraud. If a company believes the information could be true, even if they don't investigate for themselves, then that is misrepresentation.
Q#1..........plz any one tel me witch type of contrect invlov between boths parties???????????
It is a void able contract
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