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Free Download MBA Books |
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Re: free download MBA books
As you are looking to download books of MBA Program, so here I want to tell you that we have following books of MBA Program: Books we have in pdf format: Marketing Management Accounting for Managers Computer Applications in Management Research Methodology Business Legislation Security Analysis and Investment Management Project Planning, Analysis and Management International Financial Management Bussiness Communication Human Resource Development: Strategies and System Organisational Change Human Resource Management Management of Financial Services International Marketing Multinational Financial Management Product and Brand Management Accounting for Managers Purchasing and Materials Management Rural and Agriculture Management You can contact us on website where you are visiting now to get any of these books in pdf format. Here I am giving Business Legislation Book for your reference: Business Legislation STRUCTURE 1.0 Objectives 1.1 Introduction 1.2 Object of the Act 1.3 Definition of Contract 1.4 Classification of Contract 1.5 Essential Elements of a Valid Contract 1.6 Summary 1.7 Keywords 1.8 Self Assessment Questions 1.9 Suggested Readings OBJECTIVE After reading this lesson, you should be able to: (a) Define the contract and explain the various types of contract (b) Describe the essentials of a valid contract INTRODUCTION We enter into contracts day after day. Taking a seat in a bus amounts to entering into a contract. When you put a coin in the slot of a weighing machine, you have entered into a contract. You go to a restaurant and take meals, you have entered into a contract. In such cases, we do not even realize that we are making a contract. In the case of people engaged in trade, commerce and industry, they carry on business by entering into contracts. The law relating to contracts is to be found in the Indian Contract Act, 1872. The law of contracts differs from other branches of law in a very important respect. It does not lay down so many precise rights and duties which the law will protect and enforce; it contains rather a number of limiting principles, subject to which the parties may create rights and duties for themselves, and the law will uphold those rights and duties. Thus, we can say that the parties to a contract, in a sense make the law for themselves. So long as they do not transgress some legal prohibition, they can frame any rule they like in regard to the subject matter of their contract and the law will give effect to their contract. OBJECT OF THE ACT The main objective of the Contract Act is to ensure that the rights and obligations arising out of a contract are honoured and that legal remedies are made available to an aggrieved party against the party failing to honour his part of agreement. The Act is of great importance to businessmen as it enables them to plan ahead with the knowledge that what has been promised to them will be performed by the promisors failing which they will be liable for the loss suffered. DEFINITION OF CONTRACT A contract is a legally binding agreement, that is, an agreement which will be enforced by the courts. Salmond defines contract as, an agreement creating and defining obligation between the parties. Halsbury defines a contract to be, an agreement between two or more persons which is intended to be enforceable at law and is constituted by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act. The definition of the term contract given in the Act is based on the definition given by Halsbury. Section 2(h) of the Indian Contract Act defines a contract as, An agreement which is enforceable by law. This definition has two important components which constitute the basis for a contract. They are : Agreement : An agreement gives birth to a contract. An agreement is defined as, every promise and every set of promises forming consideration for each other. (Section 2(e)). A proposal when accepted becomes a promise. Thus an agreement is an accepted proposal. An agreement comes into existence only when one party makes a proposal or offer to the other party and the other party signifies his assent thereto. In short, an agreement is the sum total of offer and acceptance. The following are the characteristics of the definition of agreement as given above : (a) Plurality of persons : There must be two or more persons to make an agreement because one person cannot enter into an agreement with himself. (b) Consensus ad idem : An agreement is necessarily the outcome of consenting minds or consensus ad idem, i.e., the two contracting parties must agree as regards the subject-matter of the contract at the same time and in the same sense. Legal Obligation : Although every contract is an agreement, there are many kinds of agreements which are not contracts. An agreement to become a contract must give rise to a legal obligation. Obligation is an undertaking to do or to abstain from doing some definite act. The obligation must be such as is enforceable by law. In other words, it must be a legal obligation and not merely moral, social or religious. To take an example, Please, come to my house, says P to D, and we shall go out for a walk together. D came to the house of P but P could not leave the house because of some important engagement. D cannot sue P in damages for his not fulfilling the promise, the reason being that there had been no intention between D and P to create any legal obligation by the engagement as made between them. In the circumstances, there was, in the eye of law no contract between P and D. Contracts must not be the sports of an idle hour, or mere matters of pleasantry, never intended by the parties to have any serious effect whatever. Another kind of obligation which does not constitute a contract is the arrangement made between husband and wife. Such agreements are purely domestic and are notintended to create legal relationship. The Leading case on this point is Balfour V. Balfour. The points decided were : (a) Agreements which do not create legal relations are not contracts. (b) Agreement between husband and wife in domestic affairs is not a contract. Facts of the case are : Mr. Balfour was employed in Ceylon. Mrs. Balfour owing to ill health, had to stay in England and could not accompany him to Ceylon. On the occasion of leaving her in England for medical treatment Mr. Balfour promised to send her 30 per month while he was abroad. But Mr. Balfour failed to pay that amount. So Mrs. Balfour filed a suit against her husband for recovering the said amount. The court held that it was a mere domestic agreement and that the promise made by the husband in this case was not intended to be a legal obligation. Hence the suit filed by Mrs. Balfour was dismissed since there was no contract enforceable in a court of law. In Balfour v. Balfour, the intention not to create a legal obligation was clear from the conduct of the parties. On the other hand the parties may make this intention clear by an express statement in the contract. The main distinction between a legal obligation and a social or religious obligation is that the former involves money value but the latter does not. In order to constitute a contract an agreement must create legal obligation. It is this theme which has given rise to the popular saying : All contracts are agreements but all agreements need not be contracts. Business Legislation drive.google.com/file/d/1mlpUGt-2l-UvzJpIB3dvuig4fuSMSF4e/view |
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