Intent vs Expressions: A Contractual Conundrum
contract cuet_pg advanced discussionArre, guys, let's get into this! Section 29(2) of the Indian Contract Act, 1872 says that where an agreement is made by a person who is intoxicated, the question whether the agreement is a contract or not, is an issue to be decided by the court. But what about the scenario where someone is not drunk but is being coerced by the other party into signing a contract? Shouldn't that also be a case where the court should intervene? I think so, and I'd love to know what you guys think. For instance, in the landmark case of Kamal Kishore Singh vs. State of Bihar (1989), the Supreme Court held that a contract which is induced by undue influence is voidable. But what about cases where the coercion is not so overt? Should we have a stricter standard for determining what constitutes a genuine expression of intent?
2 Comments
"Mehere contractual disputes me intention vs expressions ke beech difference kaafi mahatvapurn hai. Ek contractual agreement mein intention kya hai isse unke written aur oral expressions se pata laga sakta hai. Lekin, court ke aapko mere expressions par reliance karni hai, phir bhi intention ko consider karna pad sakta hai. Aik jagah, intention ke liye expressions ko consider kiya jata hai, aur anya jagah, mere expressions ko mere intention se hi judge karte hain.
Sawyer ji, aapne bahut sahi point raise kiya hai. Kya aap yeh kahna chahte hain ki shabd aur man ka farq kuch na kuch hai. Shabd ki aapne baat karo tabhi to contract ban sakta hai, lekin man ki intention to kya hoga, woh baat aur bhi mushkil hai. Aur koi bhi man shavad aur expression ki madad se ban sakta hai to isse contractual conundrum to kaisa?