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Answer to the question no.

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.

Answer to the question no.3


a. An offer can be terminated by- revocation before acceptance rejection; counteroffer;
acceptance with counteroffer & lapse of time
b. Yes, there will be a contract because the letter sent out will be void and made another
contract on the points discussed/agreed over the phone call.
c. In this case, Aliya should move on and look for another customer to make the offer to.
Because, Bipasha may have sent a letter that says she has accepted the offer yet she also
sent a voice message where she mentioned of not being interested. In an ideal scenario,
Bipasha’s consent is missing. And by the rules of law and contract, we know, when there
is no consent, there is no contract. So, in Aliya’s case, there is a great chance for the
agreement to be void. Knowing this fact, it’ll be wiser on Aliya’s part to simply revoke
this offer from Bipasha and look for another buyer.

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