Interpreting a Contract and the Principles of Law

Interpreting a Contract and the Principles of Law

"It is of course true that the fact that a contract may appear to be unduly favourable to one of the parties is not a sufficient reason for supposing that it does not mean what it says. It is not unusual that an interpretation which does not strike one person as sufficiently irrational to justify a conclusion that there has been a linguistic mistake will seem commercially absurd to another."

Chartbrook Ltd v. Persimmon Homes Ltd [2009] GCtR 6575 (UKHL)

Contract and Some Legal Aspects

 Contract and Some Legal Aspects 

According to Section 24 of the Indian Contract Act, 1872 if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void. But, S. 24 of Indian Contract Act, 1872 says that where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.

However, S. 14 (b) of Specific Relief Act, 1963 says that a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise cannot be specifically enforced. Although, a contract can be rescinded in terms of Section 27 (1)  of Specific Relief Act, 1963.

Written by 

Vishal

Delhi

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