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ICAP CAF: Business Law: Contract, Sale of Goods, Partnership and Negotiable Instruments

ICAP CAF · Work through your exam, one topic at a time.

All guide sections

Business Law: Contract, Sale of Goods, Partnership and Negotiable Instruments

Contract Act 1872

Know the elements of a valid contract: offer, acceptance, lawful consideration, capacity, free consent and lawful object. Distinguish an invitation to offer from an offer, and remember that a counter-offer destroys the original offer. Consideration must be real but need not be adequate. Free consent is vitiated by coercion, undue influence, fraud, misrepresentation and mistake, producing a voidable contract; agreements without consideration, with a minor, or with an unlawful object are void.

Other statutes

Sale of Goods Act 1930: conditions versus warranties, transfer of property and risk, unpaid seller's rights. Partnership Act 1932: definition, mutual agency, joint and several liability, kinds of partners, dissolution. Negotiable Instruments Act 1881: cheques, bills of exchange, promissory notes and holder in due course. Also understand agency and bailment.

Traps

  • An agreement with a minor is void ab initio, not merely voidable.
  • Adequacy of consideration is never examined by the court; only its existence and legality matter.
  • A counter-offer rejects the original offer; silence is generally not acceptance.
  • A catalogue, price display or auction notice is an invitation to treat, not an offer.
  • Partners are jointly and severally liable; a minor admitted to the benefits of partnership is liable only to the extent of the estate.

Worked example

A shopkeeper displays goods marked at Rs 500. A customer says "I accept". No contract arises, because a display of goods with a price is an invitation to treat; the customer makes the offer.