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Answer To The Question No.3
Answer To The Question No.3
1
a. All agreements are not contracts because - An agreement starts from an offer and ends on
consideration but a contract has to achieve another target, that is enforceability. Due
to this breach of the contract provide a legal remedy to the aggrieved party against the
guilty party. So, we can say that all contracts are an agreement but all agreements are not
contracts. For example – In cases of Divorce agreement an agreement between spouses
made during a divorce concerning child custody, child and spousal support, property
distribution, and other matters. Such agreements are usually incorporated into the parties’
divorce decree. See separation agreement.
b. In case of Carlill V Carbolic, the situation was different from usual because, in a regular
advertisement there can be “if” and “then” conditions involved, like, If you buy 3 of
these, you’ll get 1 free. But for the above case, it was more like, after using our product if
you still get sick, we will pay you. Which was more of an invitation to get sick.
c. No – Railway and Airline timetable does not constitute any offer.
d. When either party of a contract is not in a mental state to understand the consequences,
that raises questions about the sanity of the person in the contract. This will affect the
merit of the contract.
e. If a minor tries to acquire/possess something or property of another individual by
misrepresenting his/her age then that minor can be insisted to reimburse.