Law doubt

CPT 707 views 2 replies

rajiv

student

197 Points Joined April 2012

Dear friends, I am studying CPT law. In the book, for suppose, it has been mentioned that the term "Express contract" is defined in section 9 of the Indian contracts act 1872. But in the case of "Implied contracts" and "Quasi Contracts" there is no mention about the sections where these terms have been given in the original act. Not only in the context of these defintions, but repeatedly it is happening in other defintions too. For some defintions they are mentioning the acts and for some other they are not. Even i have searched for them in the original act too. But i was unable to trace them. so please clarify about from where these unmentioned defintions are taken.

Replies (2)

Sudarsan N Raghavan

IPCC

73 Points Joined May 2010

Since the ICAI tests tour knowlege based on the text I dont think you should reed the sections and remember them. Its better to be strong with the provisions that are given under these sections.

Dr. Sharad Garg

Education

94 Points Joined November 2009

I agree with Sudarshan. Nonetheless, there are a lot of concepts which are referred to in Indian Contract Act but are defined in other Acts. For example, the concept of 'goods' which is also referred to in Indian Contract Act, 1872 has not been defined in Indian Contract Act. It is defined in Sec 2(7) of Sale of Goods Act, 1930. Similarly, Indian Partnership Act does not mention anything about the maximum number of partners in a firm. But Sec 11 of Indian Companies Act, 1956 clarifies that if the number of partners in a partnership firm carrying on banking business is more than 10 or carrying on non-banking business is more than 20, it need to register itself as a company, else it will be declared an Illegal association. So in such references, sections are generally not being mentioned.

Sometimes, an act only directly refers to a term, but it is defined in another Act. In such cases generally the Sections are not mentioned.