A. Nawaz Osmani Law Associates is a Best Legal Services provider and leading Law Firm / Lawyers in Karachi, Pakistan with supported Global presence. The founder has long family history of legal practice for the last three generations. The Firm gained prestigious reputation in short span of time providing high quality Legal Services before Trial Courts, Special Courts, Tribunals, Appellate Tribunals, High Courts and Supreme Court of Pakistan.
Friday, 13 January 2017
CONTRACTS NATIONAL & INTERNATIONAL LAW FIRM / LAWYERS KARACHI PAKISTAN.
agreement creating obligations enforceable by law, called Contract. The
basic elements of a contract are mutual consent, consideration,
capacity, and legality. Contracts are promises that the law will
enforce. The law provides remedies if a promise is breached or
recognizes the performance of a promise as a duty. Contracts arise when a
duty does or may come into existence, because of a promise made by one
of the parties. To be legally binding as a contract, a promise must be
exchanged for adequate consideration. Contract in Pakistan is
contained in the Contract Act 1872. The Act defines “contract” as an
agreement enforceable by law. The following ingredients are necessary in
a valid contract.
agreements may or may not be enforceable, but which the parties think is
enforceable. The agreements between Employer and Employee are
enforceable but the remedy available for Employee after termination from
his service is not Reinstatement in service but the claim for Damages
caused by illegal termination.
six essential elements for a contract to be valid (enforceable by law).
The first three, considered here together, relate to the agreement
itself; the other three relate to the parties making the contract:
• Offer, Acceptance, and Mutual Consent:
Every contract must include a specific offer and acceptance against
that specific offer. Both parties must consent of their free will.
Neither, party can be coerced or forced to sign the contract, and both
parties must agree to the same terms. Implied in these three conditions
is intent of the parties to create a binding agreement. If one or both
parties are not serious, there’s no contract.
There must be something of value exchanged between the parties. The
thing of value may be money or services, but both parties must give
something (otherwise, it is a gift, not a contract).
Both parties must be of “sound mind” to comprehend the seriousness of
the situation and understand what the requirement. This definition
requires that neither party be a minor, both must be sober neither can
be mentally deficient. If one party is not competent the contract is not
valid and the non-competent party can disavow (ignore) the contract.
• Legal Purpose: The contract must be for a legal purpose. It cannot be for something illegal, like a selling drugs etc.
When can take a Contract to Court?
contracts are completed to the satisfaction of both parties. You would
take a contract to court when one party has ‘breached’ the contract, or
failed to fulfill contractual obligations.
Remedies for breach of contract:
The principal remedies for breach of contract are:
b. Specific performance of the contract.
c. Injunction (Temporary and Permanent).
The Law applicable for the above are governed by the provisions of Specific Relief Act and Code of Civil Procedure.
We as law
firm, deals cases in Trial Courts, High Courts and Supreme Court. We
also provide complete legal directions and pathways on the subject in
accordance with applicable laws. We are also providing complete
consultancy to Pakistan & overseas clients. Our lawyers are having
exclusive expertise to register a public limited company in Pakistan and
providing full support after registration a public limited.