Editorials       Cover Story   Letters
 Subscribe Now  Contact Us
Search  
 
Book Reviews
Case Study
Constitution of India
Cover Story
Crime File
Cyber Space
Good Living
Harvard Law School
Health & Fitness
Permanent Imprint Leading
   Cases
Know Your Judge
The Law and The Celebrity
Legal Articles
Legal Events
Law for Other Species
Law School Confidential
Legal Scanner
Legal Trotternama
Media Scan
Potpourri
Reasoning The Reasons
Street Lawyer
Study Abroad
Supreme Court Cases
Thinkers & Theory
Top Law Schools
Universal Law of Success
--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
Quick Referencer
for Judicial Service Aspirants

Q. Can there be a contract to enter into a contract?

Bihar Judicial Service Exam, 2006 (Same question in different words).

Ans: There cannot be a contract to enter into a contract - Puneet Beriwala v. Subha Sanyal, AIR 1988 Cal 44. and Van v. Alexander , (1912) 1 Ch 284.

Reasons: Section 29 speaks that agreements the meaning of which is not certain or capable of being made certain are void.

In the famous case of Puneet Beriwala v. Subha Sanyal referred above, the Calcutta High Court held that an agreement to agree in the future is void, for there is no certainty whether the parties will be able to agree.

The view expressed by Calcutta High Court in Puneet Beriwala v. Subha Sanyal finds support from the famous case of Van v. Alexander referred. In this case Lord Parker observed that law does not recognize a contract to enter into a contract.

But former Law Minister of India and Learned Author A.K. Sen remarks that an agreement to enter into an agreement in the future is void for uncertainty unless all the terms of the proposed future agreement are agreed expressly or by implication (Commercial and Industrial Law, 7 th Edn., page 59).

From the above discussions it is clear that as a general rule there cannot be a contract to enter into a contract because there is no certainity whether the parties will be able to agree.

Source : Problems and Solutions on Civil Law by Kishor Prasad

 
 
LAWYERS UPDATE
(Print Version)
Rs. 600/- per year
(Registered Post & Courier)
     
 

New Releases by UNIVERSAL's

     To avail discounts and for more details write to us at marketing.in@lexisnexis.com

Home     :      About Us     :      Subscribe     :      Advertise With Us    :       Privacy     :      Copyright     :      Feedback     :      Contact Us

Copyright © Universal Book Traders. All material on this site is subject to copyright. All rights reserved.
No part of this material may be reproduced, transmitted, framed or stored in a retrieval system for public or private
use without the written permission of the publisher. This site is developed and maintained by Universal Legal Infosolutions.
Powered by: Universal Book Traders