Legal Question in Civil Litigation in India

Contract act

In an Agreemnt to sell, a real estate builder has stipulated that the fixed furniture has to be bought only from the vendor he appoints. He has neither mentioned about the vendor nor the price of such furniture in the Agreement to sell.

My question is whether a contract without defining the object and the price is an enforceable contract? under the contact Act.


Asked on 10/14/08, 9:06 pm

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Contract act

No not enforceable.

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Answered on 10/26/08, 3:05 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Contract act

such a clause does not appear to be enforceable. however, validity of a contract can be determined only after perusing the entire document.

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Answered on 10/14/08, 11:36 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Contract act

no, such a contract is not binding as the conditions mentioned in the contract needs to be specific.

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Answered on 10/16/08, 3:36 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Re: Contract act

Sir,

you've mentioned that "fixed furniture", then it may be chatels accord to land laws, i.e., doors, windows, ceilings, ventilations, wordrob comes along with building construction by the builder, hence it cannot not be included or shown in your contractual agreement, is this ?

Advocate, S.K. Dixit

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Answered on 10/17/08, 8:11 am


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