According to the Indian Contract Act of 1872, an agreement can only be considered a contract if it satisfies the legal requirements necessary to be enforced. By definition, a contract is an agreement between two people that binds them into a legal relationship. It can be oral or written and consists of several reciprocal commitments. Thus, a contract is a legally binding agreement between parties that commits them to doing business with one another.
The Indian Contract Act specifies the procedures to be followed to carry out the contract, along with what happens if either party breaches it. Generally speaking, a breach occurs when an act that was necessary to meet a promise, agreement, or contract is not performed.
When one party wishes to legally inform the other of their demands or any claims they may have, they write a legal notice to start legal procedures against the other party should the demands not be fulfilled. The entity or person that one intends to bring before the court is legalized once the legal notice has been issued. A official notification of the intention to initiate a lawsuit against another party is given to them through a legal notice. Additionally, it notifies the opponent of the opposing side about the complaints made against them.
Before initiating legal proceedings, a legal notice is necessary. Legal notices make it very evident that the sender intends to launch a lawsuit to address a dispute in which the opposing party may be prepared to settle out-of-court and react. The opposite party also had an opportunity to clarify their position and politely end the situation using a legal notice.
If a contract is broken, the defaulting party may get a legal notification after the breach has happened. Before serving legal notice, the harmed party may notify the other party about the violation and request payment of damages, particularly by electronic means. The harmed party may file a lawsuit to issue a legal notice if, despite several warnings, the party is still not taking any steps to make amends for the violation.
Drafting of legal notice:
An advocate sends a legal notification on behalf of a client. Though he or she can submit a legal notice on his or her initiative without the aid of an advocate, it is not necessary to send one through a lawyer. Including certain legislative enactments or provisions in a legal notice is also not a must. A legal notice's primary goal is to request a settlement. It is delivered with the option to either accept the settlement or reject it to pursue legal action or a civil lawsuit.
The legal notice's title: For the opposing party to reply, the advocate or party should include their email address, phone number, and address on their letterhead. While it is not required, it is preferable to have a reference number on the legal notice to monitor its issuance. This legal notification is issued via courier or Registered A.D. so that it can be monitored and once received by the defaulting party, it can be verified. To calculate the time allotted for responding to the legal notice, the notice must be properly dated.
Initial paragraph: The client's name, address, and, if the client is a company, an introduction to the client and his representative should be included in the opening paragraph.
Notice content: The notice's whole substance, for which the notice is being given, must be mentioned in this section.
Wrapping up the legal notice: Every draft and mention of the client's needs should be made in the notification. This claim may be for a particular execution of the contract to prevent a violation, or it may be for monetary compensation for damages and mental harassment. It must also be made very clear that the client will be forced to pursue legal action if the legal notice is ignored and no suitable action is taken in a reasonable amount of time.
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