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Friday, October 12, 2012
Hi this is s10dulkar owner of Indian femdom forum and bollychilli forum I have started my
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Friday, January 23, 2009
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www.bollychilli.com
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www.yourdailysaver.com
www.yourweeklysaver.com
Thursday, July 10, 2008
Subject: Urget help required - From a US consultant
i am stucked with a US desi consultant . he got me signed a contract for two years and stipend of 10000$ if i decide to leave until this contract terminates . Can some one please help me in legal issue can he file a case against me . i just want to escape from here . can he really file a case and i have signed the agreement in a normal paper not on any legal or bond paper.
Source: This information comes from my own knowledge.
It appears that u have signed a legally enforceable and expressed(Written) contract, so it really doesnt matter if its not on bond or stamp paper etc. So now the question is whether the terms of the contract is maintainable at a court of law, so either share the contents of the contract or show it to a competent lawyer for legal advice on the consequences of not obliging this contract.
Usually only a contract binding both the parties are tenable in court of law(meaning u have certian responsibilities and the consultant also is responsible crtractually, then only it becomes enforceable/legally tenable) Check this point with ur lawyer, all the best.
I hope this is ur situation u ve signed an agreement 1)with a with a US desi consultant 2)For 2 years 3) if u default u ll have to pay 10,000 $ Now u want to to leave before this contract terminates . I did not understnsd this part: "i just want to escape from here " Where are u ? are u in India or the US ? Where do u want to escape from ? is it just from the contract ? Also u havent stated why u want to escape ( see below why this is important ) Well if this is a contract signed in India and he decides to take leagal action , then it does not matter whether it is a paper or just oral . . . This is section 4 of the Indian contact Act 1872: "4. Communication when complete : The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. " The meaning of this is : For eg.If A proposes to sell a house to B and A sends a letter , B receives it At this point the 'communication of proposal' is complete. Now B and accepts the proposal and sents a letter . At this point the 'communication of acceptance ' is complete. Therfore if u have signed a paper saying that u accept , it means u have accepted his proposal. Section 5: refers to Revocation of the proposal which can be made only before the acceptance is complete. All such agreements are contractss if made by the free will of parties (Section 10) and without coercion (Section 15) Now the question as to why u want to escape . If there was any fraud (Section 17) in the way he explained to u or misrepresentation (Section 18)while making u sign the contract , then that contract beome void (Section 18,) but it does not become void becasue u did not understand the facts that were explained to u(Section 22). But it becomes void , if there was anything unlawful about the agreement (Section 24) This may be an answer r our query : “Section 25 : . . . .. . . . . . . An agreement made without consideration is void unless (c) it is a promise made in writing and signed by the person to becharged therewith . … . . " Therefore all such agreements in writing and signed , are contacts. U can also buy a copy of “The indian contract Act 1872" and go thru it . It is avery small book with explaination and case law. Now if u want to know about the situation if in USA ( Since u ve written ‘Urget help required - From a US consultant’ ) : See http://www.cpa.state.tx.us/procurem… And see the foot note “Anticipatory breach “ If u had spend an extra minute to write this more elaborately it would have been more helpful to ur self and the person is willing ot give u an answer.
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