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2015 Supreme(Mad) 1575

S.VIMALA
New India Assurance Company Limited, Chennai – Appellant
Versus
Dewa Properties Ltd. , Chennai – Respondent


Advocate Appeared:
For the Plaintiff:S. Vasudevan, Advocate.
For the Respondent:S. Ramasamy for M/s. Ramasamy Law Associates, Advocates.

Judgment :

1. When a contract get concluded or when a concluded contract come into existence?

1.1. Whether a contract can be spelt out of performance established through long correspondence?

1.2. Whether there had been consensus ad idem on the subject matter of the contract between the parties?

1.3. When the conduct demonstrates the contract, whether non-completion of the final part of the agreement alone can be pleaded towards denial of the existence of the contract itself?

1.4. Whether the existence of a concluded contract depends upon the completion of performance already made or should it depend only upon the formal completion of a document detailing the performance to be made?

1.5. Want of communication of the confirmation by the plaintiff, whether really stands in the way of there being a concluded contract?

1.6. Whether the performance of the condition in the agreement by the plaintiff is sufficient to constitute acceptance in the absence of an express notification of the acceptance of agreement to the defendant?

1.7. When the material terms are agreed upon between the parties or when the material terms agreed upon are capable of being ascertained or when there was a mutual assent,





































































































































































































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