Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 11:03 AM, 12 May 19

With respect to your query, the legal opinion is as under:- (1) The Contract by a minor is void (2) Minor is not bound by the terms of the Contract (3) If no involvement of guardian of a minor is there, the guardian cannot be held liable for any consequences of such agreement. (4) Your query shows that the Contract has been executed and signed only by your minor son and you have no role in Contract. (5) No amount of any penalty in persuance of such void Contract can be recovered either from your minor son or from you.Read More

Posted at 06:56 PM, 09 May 19 | 1 Answer

Team Legistify
Answered on 04:38 PM, 22 Feb 19

In counter offer there is a rejection of the original offer and a new offer is made that needs acceptance by the original promisor before a contract can be made. Ex:  X offers Y his bike for Rs 100. Y rejects the offer and offers A to buy his bike for Rs 80. Such an offer is known as the counter offer. Since in your matter, both offers reached other party at the same time, therefore, it is their discretion to choose which offer they want. For futher clarification, you can consult a good contract lawyer in India.    Read More

Posted at 02:15 PM, 18 Feb 19 | 1 Answer

Team Legistify
Answered on 04:37 PM, 14 Feb 19

Your case relates to Breach of Contract which is governed under Indian Contract Act, 1872. For this issue you can send a legal notice to the other party through a good contract lawyer in India. Basically a legal notice is formal communication or a legal intimation to the person who caused a damage or harm to you. It is a legal document drafted by a lawyer in which the details of both the parties are mentioned, problem or issue faced by the sender and what are the remedy can be taken by the sender if the other party does not send a reply to legal notice. READ: How To Send A Legal Notice In India  Read More

Posted at 12:00 PM, 14 Feb 19 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

Cross offer Meaning: .  Where two parties make identical offers to each other, in ignorance of each other‟s offer, the offers are known as cross-offers. Cross offer never initiate the process of contract because it does not fulfill the requirements of valid offer. There are essentials of cross offer which are as follows: Same offer to one another: When offeror makes an offer to offeree and offeree without knowing the offer which was prior made by offeror to him, makes the same offer to offeror means the object as well as party both remains same. So both party can never make the offer on the same object to each other because if it happens then who will accept the offer and if there is no acceptance of offer then no contract can be made. Offer must be in ignorance of the offer made by another: The terms and Condition: the terms or the object must be same when it is made by the other person to the first person then only it will be considered as cross offer because if the second offer differs from first offer then it can be considered as counter offer. Illustration: Sai makes an offer to Chandu to sell him a pen@ 200 and on the same time without knowing the offer the chandu makes the offer on same object to sai. So here the parties are same, the object or the thing is also same and it was made by the chandu to sai without knowledge. Therefore it will be a cross offer because it fulfills the requirement.          Tinn v Hoffman & Co. [1873] 29 LT 271 Facts of the case -Two identical cross-offers made in ignorance of the other do not amount to a contract, unless/until one is accepted. H wrote to T offering to sell him 800 tons of iron at 69s per ton. On the same day T wrote to H offering to buy on the same terms. Issue – whether there is valid contract or not. Held – No contract existed. The simultaneous cross-offers made in ignorance of each other, would not bind the parties Blackburn J stated: “. . . The promise or offer made on each side in ignorance of the promise or offer made on the other side, neither of them can be construed as an acceptance of the other.” Read More

Posted at 05:44 AM, 31 Jan 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

Offer Meaning: As per sec. 2(a) of the Act states that when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other person either to such act or abstinence, he is said to make a proposal. To reach at the stage of contract, the offer is needed and when the offer is accepted by the other party then it is called acceptance. Illustration: A wants to sell own car @ 50 Lakh, he makes a written statement stating own willingness and sends to B, the same thing will be considered as offer for B. Cross Offer Meaning: Where two parties make identical offers to each other, in ignorance of each other‟s offer, the offers are known as cross-offers. Cross offer never initiate the process of contract because it does not fulfill the requirements of valid offer. There are essentials of cross offer which are as follows: Same offer to one another: When offeror makes an offer to offeree and offeree without knowing the offer which was prior made by offeror to him, makes the same offer to offeror means the object as well as party both remains same. So both party can never make the offer on the same object to each other because if it happens then who will accept the offer and if there is no acceptance of offer then no contract can be made. Offer must be in ignorance of the offer made by another: The terms and Condition: the terms or the object must be same when it is made by the other person to the first person then only it will be considered as cross offer because if the second offer differs from first offer then it can be considered as counter offer. Illustration: Sai makes an offer to Chandu to sell him a pen@ 200 and on the same time without knowing the offer the chandu makes the offer on same object to sai. So here the parties are same, the object or the thing is also same and it was made by the chandu to sai without knowledge. Therefore it will be a cross offer because it fulfills the requirement.                 Similarities between Cross offer and Counter offer Cross offer and counter offer both terminates the original offer i.e. in case of cross offer any party can terminate and in case of counter offer only offeree terminate the original offer. Cross offer and counter offer in both cases when second time offer is made to first party the second one becomes invitation to offer. In both cases the response will not be considered as acceptance of offer. In Both cases the response will not be considered as binding contract. Read More

Posted at 05:42 AM, 31 Jan 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

Cross Offer Meaning: Where two parties make identical offers to each other, in ignorance of each other‟s offer, the offers are known as cross-offers. Cross offer never initiate the process of contract because it does not fulfill the requirements of valid offer. There are essentials of cross offer which are as follows: Same offer to one another: When offeror makes an offer to offeree and offeree without knowing the offer which was prior made by offeror to him, makes the same offer to offeror means the object as well as party both remains same. So both party can never make the offer on the same object to each other because if it happens then who will accept the offer and if there is no acceptance of offer then no contract can be made. Offer must be in ignorance of the offer made by another: The terms and Condition: the terms or the object must be same when it is made by the other person to the first person then only it will be considered as cross offer because if the second offer differs from first offer then it can be considered as counter offer. Illustration: Sai makes an offer to Chandu to sell him a pen@ 200 and on the same time without knowing the offer the chandu makes the offer on same object to sai. So here the parties are same, the object or the thing is also same and it was made by the chandu to sai without knowledge. Therefore it will be a cross offer because it fulfills the requirement. Tinn v Hoffman & Co. [1873] 29 LT 271 Facts of the case -Two identical cross-offers made in ignorance of the other do not amount to a contract, unless/until one is accepted. H wrote to T offering to sell him 800 tons of iron at 69s per ton. On the same day T wrote to H offering to buy on the same terms. Issue – whether there is valid contract or not. No contract existed. The simultaneous cross-offers made in ignorance of each other, would not bind the parties Blackburn J stated: “. . . The promise or offer made on each side in ignorance of the promise or offer made on the other side, neither of them can be construed as an acceptance of the other.” Difference between Cross offer and Counter offer Basis Counter offer It is made at the same time. Party It is only made by the offeree. This offer is made due to norance. Illustration A makes offer to B regarding sell of car @40 thousand and B in response agree to buy it @25 thousand.   Read More

Posted at 05:38 AM, 31 Jan 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

Cross offers:  These are the offers that party make to each other in ignorance of each others offer. Cross offers are identical. In the case of cross offers, no binding contract will be created and the offer could not be said to have been accepted by any of the party. Ex:  A writes a letter to B offering him his bike for Rs 100. At the same time B writes a letter to making a similar offer to buy his bike for Rs 100. Offers of both A and B cross each other. Such offers do not constitute to acceptance of one's offer by the other. Counter Offer: On the other hand, in counter offer there is a rejection of the original offer and a new offer is made that needs acceptance by the original promisor before a contract can be made. Ex:  X offers Y his bike for Rs 100. Y rejects the offer and offers A to buy his bike for Rs 80. Such an offer is known as the counter offer.Read More

Posted at 05:30 AM, 31 Jan 17 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

The Doctrine of Privity of Contract states that only those persons who are parties to the contract can enforce a contract The stranger to a contract cannot enforce a contract.   Read More

Posted at 12:45 AM, 25 Sep 16 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

No, such agreement is considered to be void as per Section 28 of Indian Contract Act. When both the parties are Indian, the substantive law governing the dispute must necessarily be Indian irrespective of the seats of the arbitration and irrespective of any provision in the contract between the parties to the contrary.   Read More

Posted at 01:06 AM, 22 Sep 16 | 1 Answer

Team Legistify
Answered on 02:22 PM, 28 Sep 18

It is advisable to make contract on Stamp paper as Bombay Stamp Duty Act states that - Except transfer by Will (or by original nomination in a Co­operative housing society) all transfer documents including agreements to sell, conveyance deed, gift deed, mortgage deed, exchange deed, deed of partition, power of attorneys, leave and licence agreement, agreement of tenancy, lease deeds, power of attorney to sell for consideration, etc. have to be properly stamped before registration. Read More

Posted at 01:49 AM, 18 Sep 16 | 1 Answer