Author name: The Legal Solicitor

Every breach of contract entitles the injured party to recover damages for the loss he has suffered. Other remedies include specific performance and injunction which are equitable remedies. Generally, a plaintiff may suffer various kinds of losses consequent to a breach of contract by the other party: 1. The plaintiff may have lost the value […]

Although a contract may be complete in all respects, it may be held to be unenforceable if its purpose or objects is illegal or contrary to the policy of the law. The concept of illegality seems to be derived from two sources. First of all, a contract may be illegal because it involves the doing

Since a contract is based essentially on consent of the parties, agreements obtained by coercion or undue exertion of pressure are generally not enforceable. Thus a party who has entered into a contract as a result of pressure may be entitled to relief under the common law doctrine of duress or the equitable principles of

What is Misrepresentation? Statements which are intended to influence the other party into entering the contract, but which do not become part of the contract as terms of it are referred to as representations. A misrepresentation is basically a representation which is untrue or false. The general effect of a misrepresentation which induces a party

WHAT ARE VITIATING FACTORS? Vitiating factors are simply legally recognized factors, which make an apparent contract lose its validity when it comes to its enforcement. In contract law, a contract is deemed to be vitiated or invalidated if it is found that there are factors, which negate or nullify the apparent consent of one or

WHAT IS DISCHARGE OF CONTRACT? Under what circumstances will a party to a contract be freed or discharged from performing his obligations under the contract? There are several ways : Discharge by agreement, performance, breach or frustration. DISCHARGE BY AGREEMENT The parties to an existing contract may enter into a subsequent contract to extinguish their

WHAT ARE TERMS OF CONTRACT? The terms of contract are the statements, promises or propositions which form part of the contract and which define the respective rights and obligations assumed by the parties under the contract. The term of contrac define the scope and extent of the contract. If a statement forms an integral part

WHAT IS PRIVITY OF CONTRACT? In considering the enforcement of contracts, a preliminary issue which arises is whether a person who is not a party to a contract can enforce it under any circumstances. This raises the issue of privity of contract. Under common law, a person cannot be entitled to enforce or be bound

WHAT IS CONSIDERATION? In contract law , a promise is said to be part of a bargain if it is given “for consideration”. A promise is given for consideration when the promisor asks for something in return for his promise and gets what he asks for. Thus a promise is generally not binding unless something

There are certain categories of people who is the opinion of the law do not have full capacity to enter into contractual relations • Contractual capacity of minors- the common law age of majority for the purpose of contractual liability is 21 years. At common law contracts entered into between a minor and an adult