Agreement Rules In Sri Lanka

As in other legal systems, certain factors may affect the quality of consent and thus render the agreement invalid or countervailable. These are — (a) errors, (b) misrepresentation (fraudulent or non-fraudulent) and (c) influence and coercion inadmissible. In principle, Sri Lankan law also provides for these factors. With respect to an error, a false impression (i) may prevent an agreement or (ii) cancel the agreement. Although in Sri Lanka the legal system is Roman-Dutch law, English cases often seem to be cited in this area. In addition, the Sri Lankan Evidence Regulations closely follow the Indian Evidence Act 1872, so that, in light of section 92 of these Regulations (and its various reservations), evidence of factors that cancel a transaction without consent is freely admitted. Agreements in conflict with the administration of justice (category (a) (iii) above) are of particular interest from a comparable legal point of view. In the Sri lankan context, the following examples appear to be nullity agreements in this category: 1.2 Inconsistency. These general terms and conditions of sale may be used jointly in addition to a sales contract between the buyer and BBLK or as an addendum to a distribution contract between BBLK and the buyer if the buyer of BBLK has been designated as a trader. In case of disagreement between the sales/sale contract and/or the conditions of the sales contract and/or these general conditions of sale, priority is given to the provisions of the sales/sale contract.

(c) contracts or agreements relating to the future sale or purchase of land or other immovable property. 4. Recital – English law requires that the agreement be supported by what is called a “quid pro quo”. The Fraud Prevention Regulation provides that no promise contract or agreement is in force or applicable to justify interests in the land (with the exception of a lease after approval or for a period not exceeding one month), unless it is signed in writing and in the presence of a notary and two witnesses. (b) any contract of promise or arrangement to implement such an asset and to determine the security interest or charges that relate to the country or other immovable property; (g) the reality of the consent (i.e. the agreement should not be questionable for fraud, fear, misrepresentation, unlawful influence or for any other reason). . . .

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