Contract of Service - Service to Who?
contract general beginner poll_styleIn a recent lecture, our professor discussed a point which seems ambiguous. Suppose X agrees to work as a nurse for an NGO, Y, but the NGO is not registered at the time of agreement. Later, the NGO gets registered. Can we say X and Y entered into a contract of service? Or should we say, no contract was formed because the NGO was not competent to create a legal obligation at the time of agreement?
Now, let's see two possible answers:
1. The contract will be considered void, since the NGO was not registered at the time of agreement, and no consideration can be enforced against an void ab initio agreement. 2. The contract is not void, as the NGO acquired competency later. Consideration will flow from X to the registered NGO, making the contract enforceable.
What do you guys think? Which option is correct and why?
"Khud ko bhi thoda confuse hua hai aapne? Contract of Service toh aam log jaante hain, lekin yeh question kaisi aati hai? Toh, Service hai to yeh Service kiske liye hai? Aapne ismein koi baat nahin karni hai? Toh, Contract ke terms aur conditions par dekhte hain. Aapko jo duty dene hain, yeh service aapka Master (Employer) ke liye hai.