AVOIDING DUPLICATION, AMBIGUITY AND CONFLICTING STATEMENTS

INTRODUCTION & BRIEF:-To avoid the above mentioned, we have to understand the following issues in a building contract to make it more clear & specific. OFFER:-

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 to such act or abstinence, he is said to make a offer or a proposal.

The law requires that the offer should be made known to the acceptor, and thus it can be oral or written or partly written and partly oral.

ACCEPTANCE:-

When the person to whom the proposal is made signifies his assent there, the proposal is said to be accepted proposal, when accepted, becomes a promise.

To be binding an effective, the acceptance must be unconditional and absolute. A conditional acceptance amounts to a counter-offer.

ESSENTIANLS OF A VALID CONTRACT:-

A Valid Agreement Must Fulfill Some Requirements:-

Parties to the contract should be competent.

Infancy-a minors contract is void unless it is for his benefit or necessaries.

Lunacy-a person of unsound mind cannot determine the purpose of a contract

Drunkenness-a sane man under the influence of alcohol cannot determine the terms of

legal contract so as to understand them.

The subject matter of the agreement should be legal and definitive

Contracts involving the erection of a building designed or located in violation of municipal

regulation are not binding.

A proper proposal and its acceptance

A proposal and its acceptance are expressed in form of writings.

Parties of the agreement must give their free consent.

Two or more persons are required to consent a agreement to a law binding contract

There must be a lawful consideration.

EXPRESSED AND IMPLIED CONTRACTS:-

The proposal or acceptance of any promise is made in words, the promise is said to be express in so far as such proposal or acceptance is made or implied.

An agreement between the parties to vary the terms of the partnership contract may be implied from a uniform course of dealing.

VALID, VOID, VOIDABLE AND ENFORCEABLE CONTRACTS:-

Valid contract is an agreement enforceable by law

Agreements are made void under such circumstances

When there is unlawful consideration or object.

When it is entered without consideration

When there is a mistake from both the parties

Voidable contracts is when one or more parties have power by a manifestation of election

to avoid legal relations created by the contracts

JOINT LIABILITIES:-

When Two or More Persons Make A Joint Promise, Then Unless A Contrary Intention Appears From The Agreement, All Such Persons Must Fulfill Their Promise Jointly

PEFORMANCES OF RECIPROCAL PROMISES:-

When a contract consist of reciprocal promises, to be peformed in a specified order they have to be performed in that order.

Where the order is not expressly fixed then the reciprocal promises are to be performed.

TERMINATION OF AGREEMENTS-Possibilities:-

Full and satisfactory performance by both parties.

Breach of contract:-when defaulted by one party releases the other from contractual

obligations.

Mutual agreements of the parties to terminate it.

Impossibility of the contract excuses the parties from their obligations and duties.

By operation of law.