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In the legal world, there are situations where someone provides services or delivers goods without a fixed contract price or when a contract becomes invalid. In such cases, the person who performed the work still deserves to be paid for their effort. This idea is captured in the concept of quantum meruit, which literally means “as much as is deserved” or “as much as earned.” In this article, we’ll explore the basic meaning, conditions, and use of quantum meruit in....
Read MoreContracts form the foundation of legal and commercial relationships. When one party does not follow through on their agreed terms, the situation is referred to as a breach of contract. It is a common issue in both personal and business dealings, and understanding its meaning and consequences is essential for every law student. Understanding Breach of Contract A breach of contract happens when one of the parties fails to fulfill the terms of a valid agreement—be it oral or written—without....
Read MoreSometimes, we benefit from someone’s action or effort, even if we didn’t ask for it. But does that mean we can enjoy it without any responsibility? Section 70 of the Indian Contract Act answers this question. It talks about situations where a person does something for someone else without intending to do it for free, and the other person enjoys or uses that benefit. In such cases, the person receiving the benefit must either pay for it or return the....
Read MoreIn contract law, obligations usually arise from agreements entered into by parties. However, there are some special situations where the law itself creates obligations between parties even when there is no formal contract. These are called quasi-contracts. The concept is based on fairness, equity, and preventing one party from unjustly benefiting at the expense of another. Understanding Quasi-Contract A quasi-contract is not a real contract because it is not formed by mutual consent. Instead, the court imposes it to prevent....
Read MoreIn contract law, there are situations where a person is legally bound to another, not because of a mutual agreement, but because the law sees it as fair and necessary. These types of obligations are called quasi-contracts. They are not real contracts formed by offer and acceptance, but they resemble contracts because they impose duties as if a contract existed. In Indian law, this concept is covered under Sections 68 to 72 of the Indian Contract Act, 1872, and is....
Read MoreContracts are built on promises, and the next important question is who is responsible for fulfilling those promises? While the promisor (the person making the promise) is the main party expected to perform, there are certain exceptions where other people like agents, legal representatives, or even third parties can step in. Let’s look at who can legally perform a contract under Indian Contract Law. The Promisor Generally, the person who made the promise (the promisor) must perform it. Especially in....
Read MoreThe doctrine of frustration is an important legal principle found under Section 56 of the Indian Contract Act, 1872. It deals with situations where a contract becomes impossible to perform after it has been made due to unexpected events that are beyond the control of the parties. If such an event occurs, the contract becomes void, meaning it cannot be enforced by law anymore. This idea has its roots in Roman law, where a party was freed from responsibility if....
Read MoreIn a recent statement, CJI-designate Justice BR Gavai made a powerful remark that has resonated with legal and political circles alike: “The Supreme Court can’t be aloof when the country is in danger.” This statement, made by the next CJI of India, underscores the importance of judicial responsibility and the Supreme Court’s active role in matters concerning national security, even in the face of extraordinary circumstances. The Role of SC in National Security The Supreme Court of India has always....
Read MoreIn contract law, not every agreement is straightforward. Some contracts only become enforceable when a specific event happens. These are called contingent contracts, and they are explained under Section 31 of the Indian Contract Act, 1872. The key feature of such contracts is that the promisor promises to do something only if a particular event takes place in the future. On the other hand, in absolute contracts, the promisor must perform the promise no matter what. Examples of contingent contracts....
Read MoreA wagering agreement is basically a bet between two people. The term “wager” means placing a bet or staking something on the outcome of an uncertain event. In legal terms, these types of agreements are usually unenforceable. Section 30 of the Indian Contract Act, 1872, clearly states that all agreements made by way of wager are void. This means that even if both parties agree and sign a contract, it will not be valid in the eyes of the law....
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