Contract law

Cards (21)

  • Offer and acceptance are essential elements of a valid contract.
  • Contracts can be oral, written, or implied by conduct.
  • Pledge in contract law
  • A pledge is the delivery of goods to a bailee as security for payment of money owed by the bailor.
  • The bailee has an equitable interest in the property until it is returned upon repayment of the debt.
  • If the bailor fails to pay the debt, the bailee may sell the property at auction and apply the proceeds towards the outstanding amount.
  • The bailee has an equitable interest in the property until the debt is paid off.
  • Bailment occurs when one person (the bailor) entrusts another person (the bailee) with possession of their property for a specific purpose.
  • In a gratuitous bailment, there is no consideration given by the bailee.
  • There are two types of bailments: gratuitous and compensated.
  • Compensated bailments involve some form of compensation or reward being provided to the bailee.
  • In case of default, the bailee must take reasonable steps to notify the bailor and give them time to redeem the property.
  • Bailors have no right to recover their property if they fail to pay the debt.
  • An action for damages against the bailee will not lie unless there was negligence on his part.
  • In case of default, the bailee must take all necessary steps to recover the property from third parties who hold it without knowledge of the pledge.
  • Bailors have a right to reclaim their property if they pay off the debt within a reasonable time.
  • In cases where there is no agreement on how long the property will remain with the bailee, the property must be returned immediately upon demand.
  • Bailors have a right to reclaim their property if they make full payment within a reasonable time.
  • There are two types of gratuitous bailments: non-negotiable and negotiable.
  • An example of a gratuitous bailment is a car rental company allowing someone else to use their vehicle without receiving any compensation from them.
  • A gratuitous bailment can be either temporary or permanent.