But even in the case of purely social or domestic agreements, the parties may open up to the intention of creating legal obligations. In this case, the social agreement must have legal consequences and therefore becomes a contract. Whether such an agreement should have legal consequences is determined on the basis of the facts. In trade and trade agreements, the law provides that parties entering into an agreement intend to have legal consequences. However, this presumption may be negative because of explicit contrary conditions. Similarly, agreements of a purely national and social nature are presumed to have no legal consequences. However, this presumption is contradicted by proving the contrary, that is, by demonstrating that the parties intend to create legal obligations. How to influence consent is discussed and, in the event of coercion, inappropriate influence, fraud and misrepresentation, the contract tends to be damaged at the injured party`s choice. However, in the event of an error, the parties can only avoid the contract if there is a bilateral error by the party regarding the important facts of the agreement or if there is a problem with knowledge of foreign law. “No law contained in this law affects any law in force in India and is not expressly repealed here, by which a contract must be entered into in writing or in the presence of witnesses or a document registration law.” Silence does not mean per-se communication Bank of India Ltd. Vs. Rustom Cowasjee- AIR 1955 Bom. 419 at page 430; 57 Bom.
L.R. 850- Simple silence cannot be consent. It is not even a representation to which one can find an objection from the Estoppel, unless there is an obligation to make a statement or to make a free act, and the supplier agrees and the undue influence is the exercise of power or control of a person who has a fiduciary relationship with the other party or a person with authority. Another aspect of consent is the need for information, and to achieve this, it is good that there is no fraud or misrepresentation. An understanding would occur if there were no error on the part of both parties in understanding the terms of the agreement. Contracts are the most complex part of every transaction and must be treated with such care. A contract is void if there is no free will. As I said before, to enter into a contract, there must be an agreement.
An agreement consists of two elements: offer and acceptance. The party making the bid is known as the supplier, the party to which the bid is submitted is known as the bidder. As a result, there would essentially be two parties to an agreement. Both must think of the same thing. In other words, there must be an ad-idem consensus. 2) Adoption 2 b): If the person to whom the proposal is submitted gives his or her compliant opinion, it is said that the proposal will be adopted. There is no contract because the parties did not agree to the same thing at the same time as “A” offered to sell his car “x” and “B” to buy the “y” car. There is no ad-idem consensus. A contract is a voluntary agreement between two or more parties, which is legally applicable. It is a legally binding agreement that requires two or more parties to perform certain tasks.
It establishes the rights and obligations to the contracting parties. A contract is a commitment or a series of promises made between two or more parties that allow the courts to render their judgment. It is a law dealing with the drafting and enforcement of treaties. Contracting generally requires an offer, acceptance, consideration, guarantee, capacity, free consent and mutual consent of two or more persons who must be linked.