The Indian Contract Act clearly states that there cannot be a stranger to a contract. What does this exactly mean? And are there any exceptions? This is explained through the Doctrine of Privity of a Contract. Let us see. Doctrine of Privity of Contract The Indian Contract Act. 1872, allows the ‘ Consideration ‘ for an agreement to proceed from a third-party. However, a stranger (third-party) to consideration is different from a stranger to a contract. The law does not allow a stranger to file a suit on the contract. This right is available only to a person who is a party to the contract and is called Doctrine of Privity of Contract. Let’s understand this with the help of an example: Peter has borrowed some money from John. Peter owns a property and decides to sell it to Arjun. Arjun promises to pay John on behalf of Peter. However, if Arjun fails to pay, then John cannot sue since Arjun is a stranger to the contract. It is important to note that the Doctrine of Privity has excep...
Nudum Pactum The term ‘Nudum Pactum’ has been derived from Latin terminology which means a naked agreement. The adage denotes an agreement made without any consideration. As per law, a contract is only enforceable when it is inclusive of the basic requirement of consideration. Consideration is defined as a promise to pay money, valuable things, or any other perk as discussed by the parties engaged in the contract or agreement. Where there is no consideration that is a nudum pactum, and hence such a contract is neither enforceable nor valid. A nudum pactum might be made verbally or in writing. Since these agreements are unenforceable, they may not be pursued in court. This indicates that these agreements do not come under the categories of agreements that can lead to legal action. Such agreement may constitute a modification or exemption to an existing duty. The contract, on the other hand, is regarded as legitimate if it is sealed. Furthermore, some contracts,...
Best Books For RJS Exams According to the experts, the selection of the right RJS Books helps students to cover all the topics according to the latest RJS Exam Syllabus. We have compiled a list of the Best book for Rajasthan Judiciary Exam. India’s constitutions by S.Chand Rajasthan Junior Legal Officer by Global Publishing House Judicial Services Examinations By Lexis Nexis The Constitution of India By Universal Law Publishing (P.M. Bakshi) Judicial Service Examinations English Language By Delight Law Publishers Solved Papers of Judicial Service Preliminary Examination By Singhal Law Publications Rajasthan Judicial Service Examination Solved Papers By Global Publishing House Compulsory English By A.P. Bhardwaj Objective General Hindi By Chand What Are The Best Places To Purchase RJS Books? Rajasthan Judiciary Exam books are easily available in local bookstores. If you do not get them there, then look for places near the court of the region. There are small bookstores that s...
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