Judicial Dictionary - C

Judicial Dictionary


Legislative Dictionary


Contract

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TitleContract
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A contract is specifically enforceable when it contains:-

i) it must be a concluded contract.

ii) it must contain a clear mutual understanding and a positive asset on both sides as to the terms of the contract.

iii) it must be sufficiently definite and certain.

iv) the parties must have the capacity to the contract.

v) it must be upon a valuable consideration.

vi) it must not be illegal.

The contract must have the essentials of a contract and binding at law in order to be enforceable. 

(Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD) [7810])

Omission of the word “accepted” which is the very foundation that could constitute the contract cannot be filled in evidence. As the foundation of the contract is missing in the plaint, the contract is not a concluded one and as such not enforceable. 

(Abul Hossain Khan vs. Md. Shamsuddin Khan 41 DLR 415)

An agreement which would defeat provision of law can not be enforced. 

(DCCI Vs. Secretary 39 DLR 145)

An agreement enforceable by law is a contract. 

(Section 2(h) of the Contract Act, 1872)

Created OnApril 23, 2011, 5:37 AM
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