A 'Contract of Sale' is a type of contract whereby one party (seller) either transfers the ownership of goods or agrees to transfer it for money to the other party (buyer). A contract of sale can be a sale or an agreement to sell. In a contract of sale, when there is an actual sale of goods, it is known as Sale whereas if there is an intention to sell the goods at a certain time in future or some conditions are satisfied, it is called an Agreement to sell. Both sale and agreement to sell are … [Read more...]

The President of India, the Lok Sabha, and the Rajya Sabha are collectively known as the Indian Parliament, which is the chief legislative authority in India. The President of India is the head of the Parliament. The Lok Sabha and the Rajya Sabha are the two houses of Parliament, wherein Lok Sabha is the lower house of the Parliament and Rajya Sabha is the upper house of the Parliament. These two houses of Parliament primarily differs in their powers and functions. The tenure of Lok Sabha is … [Read more...]

An offer and invitation to offer are two different terms, which must not be confused with one another. An offer is a proposal while an invitation to offer (treat) is inviting someone to make a proposal. In an offer, there is an intention to enter into a contract, of the party, making it and thus it is certain. On the other hand, an invitation to offer is an act which leads to the offer, which is made with an aim of inducing or negotiating the terms. So, in an invitation to offer, the offeror, … [Read more...]

In simple terms, bailment refers to hand over or assignment the goods, which involves change in possession but not in the ownership of goods. It is the transfer of goods from one party to another party for some specific purpose. It is not same as pledge, which is just a variant of bailment. Pledge implies a contract, in which an article is delivered or say deposited with the money lender, as security for repayment of a debt owed by him/her or performance of promise. The main difference … [Read more...]

'Fraud' means a willful misrepresentation of a material fact while 'Misrepresentation' means a bonafide representation which is false. The former is an untrue statement given by one party that indues other party to enter to the contract, whereas the latter is the statement of fact, made by one party, believing that it is true, then this is innocent misrepresentation. The main difference between fraud and misrepresentation is that, fraud is done with an aim of deceiving others, which is not in … [Read more...]

When an agreement is enforceable at law, it becomes a contract. Based on validity, there are several types of contract, i.e. valid contract, void contract, illegal contract, etc. Void contract and voiadable contract are quite commonly miscontrued, but they are different. Void Contract, implies a contract which lacks enforceability by law, whereas Voidable Contract, alludes to a contract wherein one party has the right to enforce or rescind the contract, i.e. the party has to right to put the … [Read more...]

'Coercion' is the act of threatening a person, to compel him/her to enter into the contract and perform the obligation. On the contrary, 'Undue Influence' is an act of controlling the will of the other party, due to the dominant position of the first party. When the consent of any of the parties to contract is affected by coercion or undue influence, it is said that consent is not free. The essence of a contract is agreement, i.e. mutual consent, i.e. the parties to the contract agreed upon … [Read more...]

There is an old statement, "All contracts are an agreement, but all agreements are not contracts" which implies that agreement is different from a contract. Without knowing the fact, we enter into hundreds of agreement daily, which may or may not bound us legally. Those which bind us legally are known as a contract, while the rest are agreement. In this way, the Indian Contract Act came into force, which was enacted by the British Government because at that time they were ruling on India. The … [Read more...]

Rules can be described as the guidelines or instructions of doing something correctly. these are the principles that govern the conduct or behavior or a person in an organization or country. On the other hand, regulations refer to the directives or statute enforced by law, in a particular country. The primary difference between rules and regulation is that while the former do not as such have a legal binding, the latter have a legal binding. As these two terms are used in the same breath, … [Read more...]

At the time of entering into a legal transaction, there are two options available to the parties, i.e. agreement or memorandum of understanding. While an agreement refers to concordance between the legally competent parties, which is generally negotiated. Conversely, in Memorandum of Understanding (MoU) is a type of agreement between legally competent parties, which is non-binding in nature. An MoU contains the description of understanding between the two parties, including the requirements … [Read more...]