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BUSINESS AND LABOR LAWS (MGT611)
ASSIGNMENT NO. 01
Due Date: May 30th, 2014 Marks: 10

Assignment:
Free Consent is one of the essentials of a Valid Contract. In Section 14 of Contract Act, it has been defined that the consent is said to be free if it is extended without any obstacle. Keeping in view this section, identify the type of contract in following scenarios and justify your answer  in relevant columns.
Contract Scenario Valid, Void or Voidable Justification


1. Mrs. Ilyas lost her husband and
during his funeral, Mr. Ilyas’s
brothers did not allow her to see
husband’s dead body until she
handed over the property papers
that her husband had gifted her.
Mrs. Ilyas agreed and handed over
the property papers to her in-laws
so that she could see her
husband’s face for the last time.

2. Mr. Feroze, an old man hired a
secretary Ms. Tina for managing
his property affairs. Very soon Ms.
Tina developed a bond of trust
and confidence with Mr. Feroze.
Besides this, she started to look
after the house as well. After 1
year, Ms. Tina demanded a big
percentage of assets as gift from
Mr. Feroze and he agreed as Tina
knows the confidential part of his
property and domestic affairs.

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Replies to This Discussion

1st qtn void ha bcoz ye enfoceable by unlawfull

or 2nd mujy valid lag rha ha

2nd is not valid becaos

Essentials of a valid contract including the following:
(i) Offer and acceptance
(ii) Legal relationship
(iii) Legal consideration
(iv) Competent parties
(v) Free consent of the parties

i think 1st is voidable agreement followed by coercion

Find the attachment sarosh solved assginment 

Attachments:

Assignment

MGT 611

 

 


1. Mrs. Ilyas lost her husband and during his funeral, Mr. Ilyas’s brothers did not allow her to see husband’s dead body until she handed over the property papers that her husband had gifted her. Mrs. Ilyas agreed and handed over the property papers to her in-laws so that she could see her husband’s face for the last time. 

 

 

Answer

In my point of view this contract is void.

 

Justifications

 

VOID CONTRACT
Definition: - "An agreement not enforceable at law is a void contract".
Originally it is a valid contract but due to certain reasons it becomes void after its formation. A void contract cannot be enforced by either party.

Features of Void Contract:-
a. It is not enforceable by law.
b. It creates no legal rights.
c. It creates no obligations on any party.
d. An agreement which is against the public policy or against any law is also void.
e. Under this contract no compensation can be paid to any party.
An agreement in restraint of marriage and trade are common examples of void contract.

Example

 Sachin and Isha contract to marry on next Sunday. Isha dies before the Sunday. The contract becomes void.
 

 

Note: So according to above features of this contract and also in the given case I select this type of contract which is VOID CONTRACT.

 

 

 

 



2. Mr. Feroze, an old man hired a secretary Ms. Tina for managing his property affairs. Very soon Ms. Tina developed a bond of trust and confidence with Mr. Feroze. Besides this, she started to look after the house as well. After 1 year, Ms. Tina demanded a big percentage of assets as gift from Mr. Feroze and he agreed as Tina knows the confidential part of his property and domestic affairs.


Answer

In my point of view this contract is a voidable contract because in voidable these are the consideration.  

Justifications

 

VOIDABLE CONTRACT
"An agreement which is enforceable by law at the option of one or more of the parties, there to but not at the option of the other or others is a voidable contract".

Features of Voidable Contract
a. It is enforceable at law at the option of one or more of the parties.
b. A voidable contract can only be objected by the party who has been subject to fraud, coercion, misrepresentation and undue influence.
c. If the contract is revoked by a person rightfully then he can also receive the compensation.
d. The contract is voidable at the option of the party whose consent is caused.
e. Contracts caused by fraud, undue influence, misrepresentation or by coercion are voidable contracts.

Example

 Mr. Qadir threatens to shoot Mr. Shah to purchase a car for one lac. Mr. Shah agrees the contract was made by coercion and is voidable at the option of Mr. Shah.


Note: So according to above features of this contract and also in the given case I select this type of contract which is VOIDABLE CONTRACT.

Thanks

justification men kiya likhna hy aur kitny words?

Lucky Moon Justifictn main apne words main cse ki detail deni ha wor's limitation koi nahi 

first wala voidable hai 

aur second wala knsa hy? voidable or void

1st to voidable hogya ab 2nd ka b discuss kro na wo kya hoga ??/ @TEHRIM

woh bhi void hoga bcoz contract free consent nahi raha

but we discuss it with section 14... whenever coercion n undue influence in section 16 or 17...

now, what you people r think???

yar yeh Justification main tow ham log us ko expplain nahi krin gy k yh scenario Void aur Viodable q ha kis bse pr is ko void aur voidable kaha gya na k yh Defination aur features

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