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  • Standard Form of Contracts

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    Saketh Sista
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    This power point presentation summarizes standard form contracts under Indian contract law. It begins by explaining that standard form contracts are used for large scale business transactions where individual contracts cannot be prepared for each person. It then provides examples of standard form contracts like insurance policies. It discusses how standard form contracts can exploit the weaker party who has little ability to negotiate terms. The presentation analyzes a key case on standard form contracts and examines protective devices used by courts like strict construction of terms. It concludes by advising offerees to carefully review standard form contracts before signing.

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    STANDARD FORM OF CONTRACTS

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    This power point presentation summarizes standard form contracts under Indian contract law. It begins by explaining that standard form contracts are used for large scale business transactions where individual contracts cannot be prepared for each person. It then provides examples of standard form contracts like insurance policies. It discusses how standard form contracts can exploit the weaker party who has little ability to negotiate terms. The presentation analyzes a key case on standard form contracts and examines protective devices used by courts like strict construction of terms. It concludes by advising offerees to carefully review standard form contracts before signing.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    60 views13 pages

    Standard Form of Contracts

    Uploaded by

    Saketh Sista
    This power point presentation summarizes standard form contracts under Indian contract law. It begins by explaining that standard form contracts are used for large scale business transactions where individual contracts cannot be prepared for each person. It then provides examples of standard form contracts like insurance policies. It discusses how standard form contracts can exploit the weaker party who has little ability to negotiate terms. The presentation analyzes a key case on standard form contracts and examines protective devices used by courts like strict construction of terms. It concludes by advising offerees to carefully review standard form contracts before signing.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 13

    POWER POINT PRESANTATION

    LAW OF CONTRACT ,1872

    STANDARD FORM OF CONTRACTS


    BY :- S.V.K SAKETH Roll: BA LLB 09 Date : 12 April 2013

    OBJECTIVE
    The thing which fascinated me in taking this topic as my term paper is that the contracts in recent times are facing a problem of large scale and wide spread business transaction where we cant prepare a special contract with each individual person so therefore they are keeping printed form of contracts I want to explain them

    INTRODUCTION

    A standard form contract is a contract between two parties where the terms and conditions of the contract are set by one of the parties, and the other party is placed in a position to "take it or leave it" with little or no ability to negotiate terms more favorable to it.

    EXPLOITATION OF WEAKER PARTY

    The law of contracts in recent times to face a problem which is assuming new and wide dimensions

    He

    cannot alter those terms or even discuss them ;they are there for him to take it or leave it he therefore does not under take the laborious work of what the terms are pointed out by LORD DENNING

    EXAMPLES OF STANDARD FORM OF CONTRACTS


    Insurance policies Contracts with government agencies ,etc

    CASE LAW
    Standard form of contracts mainly came into existence by a famous case: L ESTRANGE vs GRAUCAB LTD

    ACCESS TO THE FULL TERMS MAY BE DIFFICULT OR IMPOSSIBLE BEFORE ACCEPTANCE


    Often the document being signed is not the full contract. such as software license agreements, can only be read after they have been notionally accepted by purchasing the good and opening the box.

    CONTRACTS OF ADHESION

    For a contract to be treated as a contract of adhesion, it must be presented on a standard form on a "take it or leave it" basis, and give one party no ability to negotiate because of their unequal bargaining position.

    PROTECTIVE DEVICES
    Reasonable notice Notice should be contemporaneous with contract Theory of fundamental breach Strict construction Liability in tort Unreasonable terms Exemption clauses and third parties

    SPECIAL EXEMPTION BY THE COURTS


    EXCLUSION OF RIGHT SET-OFF EXCLUSION CLAUSES AND DISCLAIMER DISCRETION TO LENDER TO SET INTEREST RATES

    CONCLUSION
    So I want to conclude that the offeree who is signing the contract should be very careful and should go through the the contract and then sign it if not there is a threat to the offeree who is signing the contract

    THANK YOU

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