ISSUE:
Can Dunlop be allowed to sue Selfridge even though there existed no contractual relationship between them?
RULE:
A third party to a contract can not sue upon the contract.
Can Dunlop be allowed to sue Selfridge even though there existed no contractual relationship between them?
A third party to a contract can not sue upon the contract.
Can the plaintiff can bring action for the amount promised against the defendant when the consideration for the promise was paid by the defendant's mother.
Section 29(d) of the ICA
Whether a charge was created in favor of the bank to satisfy the debt arising under the letter of guarantee?
And if such a charge existed, is it enforceable by the bank even though they were not a party to the contract.
A beneficiary under a contract that creates a trust in his favor can sue upon a contract.
A beneficiary under a contract who is a part of a family arrangement can sue upon a contract.
Can the defendant successfully claim the defense of insanity?
A defendant who seeks to avoid a contract on the ground of his insanity, must prove, not merely his incapacity, but also the plaintiffs' knowledge of that fact about the insanity and if he fails to do so, he cannot avail the defense.
Are the offers between husband and wife legally binding?
Agreements between married couples are generally not considered to be contracts as they do not intent to create legal relations.
Does a valid contract exist between the two parties?
If one party has a reasonable belief that the party had the intention to enter into a contract even if the other party does not, a valid contract exists.
Can the toffee wrappers be constituted as good consideration for the purchase of the records?
Consideration for a promise need not be sufficient as long as it constitutes something.
In this case, Nestle encouraged the sale of their sweets by putting this advertisement and so it was valuable to them.
Was there any consideration to the promise of paying an additional Rs. 61?
There was no consideration to the new promise as the lawyer had to deliver the same quality of service even without it.
Is the defendant's promise enforceable?
Past consideration and moral obligation alone are insufficient consideration to make a promise enforceable.
Does Lalman Shukla have the right to claim the reward that was being given to anybody who found the missing boy?
Did there exist any contract between the two parties?
The knowledge and assent of a proposal is a must in order to convert a proposal into an enforceable agreement.