Page 23 - 01. Indian Contract Act, 1872

(ii) Identity - there is no consensus ad idem

Facts
(i) contract was made for purchase of bales of cotton which
were to arrive by a ship named peerless‟ from Bombay
(ii) Two ships of same name had to sail from bombay
(iii) Buyer intended to buy carge of one ship but seller
intended to sell that of another

Decision – contract was held to be void.

(iii) Quantity – Parties were at mistake as to the quantity or extent of subject matter
even if it was caused by negligence of third party.

Facts
(i) p wrote a letter to H enquiring about price of rifles also
stating that he might buy 50 rifles
(ii) On receiving the reply, p telegraphed., „ send three rifles”
(iii) Message was send as “ send the rifles “ due to telegraphic
mistakes.
(iv) H send 50 rifles

Decision – There was no contract but P could be held liable to pay
for three rifles

(iv) Quality – it is void only if mistake was on part of both the parties if follows the
general rule –“ A party to a contract does not owes any duty to disclose all the
facts in his possession to other party during negotiation.s

Transaction with pardanashin women
 It means complete seclusion
 Women fixing and collecting rents from tenants and communicating business
matters with men other own family members is not a parda – nashin women.

It is founded on equity and good conscience
Person entering into a contract with parda – nashin women has to prove that
(i) no under influence was used
(ii) she had free and independent advice
(iii) She fully understood the contents of the contract
(iv) she exercised her free will

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