- Section 10 — essentials of a valid contract — application of section 10, on marriage — According to the celebrated principle of law, marriage is a contract and for constituting the valid contract, there should be free consent of the parties competent to contact for a lawful consideration and with lawful subject. Raja Muhammad Altaf Khan v. Sobia Tabassum & 6 others 2016 SCR 344 (A)
- Sections 11 & 14 — competency to contract — person to contract — under the provisions of section 11 for competency of person to contract, is a condition of attaining the age of majority — Under section 14, free consent has also been defined by the law which means without coercion, undue influence, fraud, misrepresentation and mistake. Raja Muhammad Altaf Khan v. Sobia Tabassum & 6 others 2016 SCR 344 (B)
- Section 16 — undue influence — the element of undue influence as defined under section 16 cannot be ruled out, which speaks that undue influence means, where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of other and uses that position to obtain unfair advantage over the other. Raja Muhammad Altaf Khan v. Sobia Tabassum & 6 others 2016 SCR 344 (C)
- —Section 37—Interim Constitution Act, 1974—Section 52-A—-contracts— Commonly and generally the contracts are governed by the Contract Act— there may be some other special statutes dealing with the matters relating to the contracts— the contracts are made according to law and may be enforceable under the provisions of law— even the matters falling within the purview of section 37 are based upon law— under section 52-A the making of contracts in the matter relating the property by the Government and the Council is also recognized. AJK Government & another v. Muhammad Siddique Khan & 3 others 2017 SCR 640 (B)
- —Section 37—contracts are creation of law and are legally enforceable—u/s 37, the violation of condition of contract amounts to violation of law. AJK Government & another v. Muhammad Siddique Khan & 3 others 2017 SCR 640 (E) 1998 CLC 1178 rel.
- —Section 126—contract of guarantee is a contract to perform promise or discharge the liability of a third person in case of default–the person giving guarantee is called “surety” and the person in respect of whose default the guarantee is given is the creditor. Muhammad Tanvir Versus Sardar Abdul Qayyum Khan 10 others 2021 SCR 672 (B/1)
- —Section 126—contract of ‘guarantee’—a guarantee is a promise by one person, i.e ‘guarantor’ or ‘surety’, to another for answering the present or future debts of a second person i.e. ‘principal debtor’—the law has allowed an oral guarantee, the practice of bankers has made it obligatory to be in writing, and signed by the guarantor or his authorised agents—there is no formal shape, but it must be written so as to show that a contract of guarantee has been entered into. Mudassar Hussain Shakir v. M. Basharat & another 2022 SCR 973 (D) 2012 SCR 672 ref.
- Section 216 — if an agent without first obtaining the consent of principal and acquainting him with all material circumstances deals on his own account in the business of agency, the principal may repudiate the transaction — if any material fact dishonestly concealed or the dealings of the agent are disadvantageous. Khalid Mehmood v. M. Rashed (deceased) through L.H 2016 SCR 830 (B)
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