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Agreement Sub Silentio Indian Contract Act

The court of Ratanlal, son of Pannalalji v. Firm Mangilal Mathuralal, stated that “if there was a direct link between a new contract under the Novation and the old illegal treaty or secondary contract, the novice contract would still be illegal or immoral and the court would refuse to enforce it.” The principle of setting off damages for infringement against the party who has suffered the damage consists in putting that party in the same situation as that in which it finds itself if that contract had not been terminated. The damage must correspond to the damage suffered. If the contract is broken by a party, the contract is performed and the obligations arising from the contract expire; a new obligation to pay damages is pending. “A” contract to repair B`s house in a certain way and get the money in advance. “A” repairs the house, but not according to the contract. Interest would be denied if the party does not demonstrate that the interest is claimed under a contract or because of use or practice. The Supreme Court of Mahavir Prasad Rungta v. Durga Dutta, 1961 AIR 990, ruled that interest can only be claimed if it is payable after customs, if there is an explicit or tacit provision in the interest payment agreement or if it is based on the applicants` substantive right to recover interest. Thus, it is generally considered that, except for commercial contracts, time is not essential in other contracts. This presumption can be rebutted by demonstrating the intention of the parties. Based on the previous example, Ashok will be able to provide a bear skin coat to Navya at the time of entering into the contract.

But after concluding the contract, the government prohibits the delivery of bear skin products. Now Ashok Navya can`t provide the coat she wanted. Therefore, the contract will be concluded if the government passes the law. Continue Mulla writes It is essential for the establishment of a contract that both parties accept the same thing in the same sense.. . .

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