Contract by Unilateral Accord: Deceptive Twist
contract judiciary intermediate trick_questionJudicial Services (UP PCS Prelims, 2019) - Question 34 A person, Rohan, agreed to sell his house to Ramesh for Rs. 5 lakhs. After the sale, Rohan refused to hand over the possession of the property. Ramesh, however, handed over the sale consideration and received a receipt from Rohan. Rohan then approached the court claiming that there was no valid contract, citing the absence of a signed agreement. Now, the court ruled in Rohan's favor.
Don't get tricked! Most aspirants think this is a simple case of absence of a valid contract. But here's the trap: the Supreme Court held in P. Ramachandra Reddy v. S.
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Maine padhaya ki Indian Contract Act, 1872 mein Section 25 ke under contract bilateral hota hai. Lekin, meri opinion hai ki kuch vishesh paristhitiyon mein unilateral accord bhi ek contract ban sakta hai. Jo kya? Jab ek party dusri party ko kisi vastu ki pehchan ya uplabdhi ke bare mein apne vishwas pradarshit karta hai.
Maine aapke point pe khud ko samjhaya. Ek unilateral accord kya hai? Ek contract jo doosre party ke agreement ko khatm karta hi nahi, jabki ek agreement ek mutual decision hota hai. Lekin, India ki Civil Code mein jo clause hai, 'offer karna zaroori hai, jo acceptance ke liye taiyaar hoga', iska mukhya uddeshya yehi hai - ek contract ek mutual agreement par based ho. Agree?