Contract Act
Querist :
Anonymous
(Querist) 08 June 2011
This query is : Resolved
Dear Experts
I have an issue where in an agreement there is an express term mentioned that the agreement is not valid unless signed by at least two representatives of both Parties, but actually this agreement was signed by only one representative of both parties before two witnesses. My query is - Will this agreement be Valid or Void since it is not signed as per the agreement terms for making it valid ? Can this agreement be enforceable in law ? Is there any case law in support of your answer, if so, please share the citation.
Would appreciate early respond.
Thanks!
PALNITKAR V.V.
(Expert) 08 June 2011
If signing of the agreement by at least two representatives is put as condition precedent for validity of the agreement, then the said condition would prevail. However, if from the conduct of the parties or other recitals, if it appears that it was not essence of the contract or that the parties have waived the condition, then the said condition becomes redundant.
Ravikant Soni
(Expert) 08 June 2011
yes it'a condition precedent so the agreement is premature in nature and yet to completion.
prabhakar singh
(Expert) 08 June 2011
First first,if there was no fool,earlier expecting a case law is futile effort.
Law is nothing but common sense but common people always, unfortunately, think it special.
IF THE AGREEMENT WAS ACTED UP ON DESPITE THAT CONDITION THEN SUCH A CLAUSE WAS NOT AN ESSENCE OF CONTRACT,BUT IF NOTHING UNDER SAID CONTRACT HAS PROCEEDED THE TERM CAN BE PLEADED AS ESSENCE OF CONTRACT IS MY VIEW BUT THIS DOES NOT MEAN YOU WILL SUCCEED EVEN WITHOUT PROVING IT.
Ravikant Soni
(Expert) 09 June 2011
common sense is very uncommon...
