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Contract Act, 1872 (Bangladesh)
The Contract Act, 1872 is the principal contract law in Bangladesh. Based on English contract law and the British Indian contract law, it was enacted in the 19th century and re-enacted by the Parliament of Bangladesh after the country's independence. It includes chapters on offer and acceptance, voidable contracts, contingent contracts, performance, breach of contract, contractual relations, the sale of goods, bailment, agency and partnership. It also covers topics such as consideration, misrepresentation and indemnity. See also * Sale of Goods Act, 1930 (Bangladesh) *Joint Stock Companies Act 1844 The Joint Stock Companies Act 1844 ( 7 & 8 Vict. c. 110) was an act of the Parliament of the United Kingdom that expanded access to the incorporation of joint-stock companies. Before the act, incorporation was possible only by royal charter o ... References Law of Bangladesh Contract law {{Asia-law-stub ...
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Governor General Of India
The governor-general of India (1833 to 1950, from 1858 to 1947 the viceroy and governor-general of India, commonly shortened to viceroy of India) was the representative of the monarch of the United Kingdom in their capacity as the emperor or empress of India and after Indian independence in 1947, the representative of the monarch of India. The office was created in 1773, with the title of governor-general of the Presidency of Fort William. The officer had direct control only over his presidency but supervised other East India Company officials in India. Complete authority over all of British territory in the Indian subcontinent was granted in 1833, and the official came to be known as the governor-general of India. In 1858, because of the Indian Rebellion the previous year, the territories and assets of the East India Company came under the direct control of the British Crown; as a consequence, company rule in India was succeeded by the British Raj. The governor-general (n ...
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Jatiyo Sangshad
The Jatiya Sangsad (), often simply referred to as Sangsad and also known as is the unicameral legislative body of Bangladesh. The current parliament of Bangladesh contains 350 seats, including 50 seats reserved exclusively for women. Elected occupants are called members of Parliament, or MPs. The 12th national parliamentary election was held on 7 January 2024. Elections to the body are held every five years, unless a parliament is dissolved earlier by the President of Bangladesh. On 6 August 2024, President Mohammed Shahabuddin dissolved parliament after the resignation of Sheikh Hasina and ordered to form an interim government. The leader of the party (or alliance of parties) holding the majority of seats becomes the Prime Minister of Bangladesh, and so the head of the government. The President of Bangladesh, the ceremonial head of state, is chosen by Parliament. Since the December 2008 national election, the majority party has been the Awami League, led by Prime Mi ...
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Bangladesh
Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by population density, most densely populated with a population of over 171 million within an area of . Bangladesh shares land borders with India to the north, west, and east, and Myanmar to the southeast. It has a coastline along the Bay of Bengal to its south and is separated from Bhutan and Nepal by the Siliguri Corridor, and from China by the List of Indian states, Indian state of Sikkim to its north. Dhaka, the capital and list of cities and towns in Bangladesh, largest city, is the nation's political, financial, and cultural centre. Chittagong is the second-largest city and the busiest port of the country. The territory of modern Bangladesh was a stronghold of many List of Buddhist kingdoms and empires, Buddhist and List of Hindu empir ...
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British Indian Empire
The British Raj ( ; from Hindustani language, Hindustani , 'reign', 'rule' or 'government') was the colonial rule of the British The Crown, Crown on the Indian subcontinent, * * lasting from 1858 to 1947. * * It is also called Crown rule in India, * * * * or direct rule in India. * Quote: "Mill, who was himself employed by the British East India company from the age of seventeen until the British government assumed direct rule over India in 1858." * * The region under British control was commonly called India in contemporaneous usage and included areas directly administered by the United Kingdom of Great Britain and Ireland, United Kingdom, which were collectively called ''Presidencies and provinces of British India, British India'', and areas ruled by indigenous rulers, but under British British paramountcy, paramountcy, called the princely states. The region was sometimes called the Indian Empire, though not officially. As ''India'', it was a founding member of th ...
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Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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Indian Contract Act 1872
The Indian Contract Act, 1872 governs the law of contracts in India and is the principal legislation regulating contract law in the country. It is applicable to all states of India. It outlines the circumstances under which promises made by the parties to a contract become legally binding. Section 2(h) of the Act defines a contract as an agreement that is enforceable by law. Development and Structure The Act was enacted on 25 April 1872 and came into force on 1 September 1872. The Act, as enacted originally, had 266 Sections, divided into 11 chapters. * General Principles of Law of Contract – Sections 01 to 75 (Chapter 1 to 6) * Contract relating to Sale of goods - Sections 76 to 123 (Chapter 8 to 10) * Contracts relating to Partnership – Sections 239 to 266 (Chapter 11) Later, the sections of Chapter 7 and 11 were repealed, as they were incorporated into separate legislations namely, Sale of Goods Act, 1930 and the Indian Partnership Act, 1932. At present, the India ...
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Offer And Acceptance
Offer and acceptance are generally recognized as essential requirements for the formation of a contract (together with other requirements such as consideration and legal Capacity (law), capacity). Analysis of their operation is a traditional approach in contract law. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Guenter Treitel, Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. The expression of an offer may take different forms, and which form is acceptable varies by jurisdiction. Offers may be presented in a letter, newspaper advertisement, fax, email verbally or even conduct, as long ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ...
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Partnership
A partnership is an agreement where parties agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations may partner to increase the likelihood of each achieving their mission and to amplify their reach. A partnership may result in issuing and holding equity or may be only governed by a contract. History Partnerships have a long history; they were already in use in medieval times in Europe and in the Middle East. According to a 2006 article, the first partnership was implemented in 1383 by Francesco di Marco Datini, a merchant of Prato and Florence. The Covoni company (1336–40) and the Del Buono-Bencivenni company (1336–40) have also been referred to as early partnerships, but they were not formal partnerships. In Europe, the partnerships contributed to the Commercial Revolution which started in the 13th century. In the 15th century ...
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Consideration
Consideration is a concept of English law, English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. It is commonly referred to as one of the six or seven elements of a contract. The court in ''Currie v Misa'' declared consideration to be a "Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility". Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right. Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treate ...
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Misrepresentation
In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' [1931] Question of law, statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a Contractual term, term, then the normal remedies for breach of contra ...
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