PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

DANAE INTERNATIONAL CORPORATION vs M.V — 2022 CLC 1778 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 1778 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
DANAE INTERNATIONAL CORPORATION vs M.V
Subject matter
Civil
Provisions referred to
S. 2---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DANAE INTERNATIONAL CORPORATION VS M.V. CAMEL (EX-CAMELOT) S.2---agreement for sale---Pre-conditions---Contract is an agreement having a lawful object, entered into voluntarily by two or more parties each of whom intends to create one or more legal obligations between them---Basic requirements of valid and enforceable contract are offer, acceptance, exchange of consideration and mutuality of obligations---Fundamentally important ingredient of valid contract is that it should be between parties who are competent to contract---Intention of parties to a contract must be looked at to determine where a contract has come into existence---Essential elements for any sale transaction are (a) payment of sale price of property, movable or immovable, or promise to pay the same by buyer or seller, and (b) delivery of possession of property---In case such two essential terms of sale of immovable property can be determined on the basis of contents of agreement between parties with certainty, it may constitute a valid agreement of sale between parties which subject to discretion of Court can be directed to be specifically performed---Basic test for resolving whether parties reached consensus ad idem for concluding a contract is to ascertain whether parties had consensus on all material points at the time agreement was executed between parties. Head NotesCase Description

Other judgments reported in 2022 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English