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I M Foucasing on Term Paper

In: Business and Management

Submitted By plabon0000
Words 1182
Pages 5
The given set of factors requires a discussion of the rules relating to formation of a contract, particularly focusing on offer and acceptance. According to the section 2(h) of Indian Contract Act 1872, “An agreement enforceable by law is a contract.” There should be two items which are objected to make contract are (i) An Agreement and (ii) Legal Obligation.

In section 2(e) defines that, “Every promise and every set of promises, forming the consideration for each others, is an agreement.” From that definition it is clearly stated ‘promise’ is an agreement. However in section 2(b) which defines the term “when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise”. An agreement is the total combination of “Offer” and “Acceptance”. However in this case Mini gives a promise to pay TK20000 as a reward to whom who finds her each items of lost jewellery.

An agreement to become a contract must be able to rise to a legal obligation, a duty enforceable by law. If an agreement is incapable of creating a duty enforceable by law it is not a contract. As all we know that “All contracts are agreement but all agreements are not contracts.”
Section 2(h) according to the Indian Contract Act 1872, however provides some essential elements to create legal contracts between two parties. These ares-

To make a contract the first and foremost things is that there must be legal offer and legal acceptance which are necessary to form a contract. It also should satisfy the requirements of contract act in relation thereto.

There must be intention to both parties to create legal relation among each other. However in the given case Mini will pay TK 20000 to anybody for finding and returning the missing jewellery. Here reward money TK 20000 is making a legal relation to the both parties.

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