Contract document

Querist : Anonymous (Querist) 27 June 2011 This query is : Resolved
Dear Sir,

Could you kindly let me know, is there any perticular law (clause) in India that says both the parties (client & consultant) to sign on each pages of the consultancy contract documents. If yes, please forward me the details.

Regards,

Keshava

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A V Vishal (Expert) 27 June 2011

There are some legal rules which make the acceptance effective so as to give rise to a valid contract. These are:
(1) Acceptance must be absolute and unqualified (Section 7):
An acceptance to be valid must be absolute and unqualified and according to the exact
terms of the offer. An acceptance with a variation, however slight, is no acceptance, and may amount to a mere counter offer which the original offeror may or may not accept. However, a mere variation in the language which does not involve any difference in substance would not make the acceptance ineffective [Heyworth v. Knight (1864) 144 E.R.120,142 R.R. 855]. Also, if some conditions are implied as a part of the contract, and the offeree accepts the offer subject to those conditions, the acceptance will be treated as valid. Further, an offeree may accept an offer “subject to contract” or “subject to formal contract” or “subject to contract to be approved by solicitors.” The significance of these words is that the parties do not intend to be bound, and are not bound, until a formal contract is prepared and signed by them. The acceptor may agree to all the terms of a proposal and yet decline to be bound until a formal agreement is drawn up.

Examples

(1) C accepted E’s offer to sell nursery for £4,000, subject to a proper contract to be prepared by the vendor’s solicitors. A contract was prepared by C’s solicitors and approved by E’s solicitors, but E refused to sign it.
Held : That there was no contract as the agreement was only conditional.
[Chillingworth v. Esche (1924) 1 Ch. 97].
(2) E bought a house from B “subject to a contract.” The terms of the formal contract
were agreed, and each party signed his part. E posted his part but B did not post
his part as he changed his mind in the meantime.
Held : That there was no binding contract between the parties [Eccles v. Bryant
(1948) Ch. 93].
In the first example, one of the parties did not sign the contract. In the second example,separate parts duly signed by the parties were not exchanged. In both the cases, there was no binding contract.

Querist : Anonymous (Querist) 27 June 2011
Dear Sir

Thanks for your quick reply, to know more clarify i will put my query as;
there is 30 pages of consultancy contract agreement, the consultant will sign & seal on all pages of the document and client (who gives the job) will say he will sign only on a particular page (i.e. full signatory part) and put seal on all the pages of the document.

When consultant asked to sign on all pages of the document, the client replies, there is no such law to sign on all pages of the contract document, so will sign only in one page (full signatory part).

Do you think it will be a full contract document as per law and will it be valid.