hello sir, please help me out. My question is a) MoU is in which section of indian contract act 1872 b) It is enforceable in court of law? c) any land mark case related with it Regards Sunny Jain
From India, Mumbai
1From India, Mumbai
Dear Sunny Jain, It is loosely described that an MOU is a prelude to a contract and is not a contract in itself. An MOU is an agreement but agreements which are enforceable by law only are contracts. So all agreements are not contracts. To render an agreement into contract there has to be mutual obligation, the object of agreement has to legal, the parties must be competent to contract, free consent of the parties and lawful consideration. In deciding about whether MOU is a contract or not, the Courts will not go by the terminology used but decide on the basis of the aforesaid criteria. So the facts of the matter is to be seen.
KK
From India, Bhopal
KK
From India, Bhopal
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Mou-Pgphrm.doc