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Principle: An agreement may be entered into orally or in writing, or by conduct.
Facts: 'A' went to the shop of 'B' and picked a toothbrush and gave a cheque of Rupees twenty to 'B' and left the shop.
Payment of toothbrush cannot be made through a cheque.
'A' did not enter into an agreement with 'B'.
'A' should have carried a currency note of Rupees twenty to make the payment.
There was an agreement between 'A' and 'B'.
The facts point to an implied agreement. When A goes to a shop owned by B and buys a toothbrush in return by handing over a cheque of Rs. 20, it’s a case of offer and acceptance by conduct. As per the principle it’s a valid agreement.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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