: Ali and Gull normally visit the farmers’ fields where they buy the crops from them. Sometimes Ali sells some pesticides to the farmers. One day Ali asks Gull to act as his agent for two weeks. Gull agrees to act without payment. Ali instructs Gull to collect some payments from the farmers on Friday morning and pay it into the bank which is in the next town. In the second week, Gull collects the payment but fails to bank it. On the way home, he leaves it on the bus and it is never recovered.
Required: Advise Ali whether he can take action against Gull for breach of his agency duties?
Answer:
Breach of contract refers to the legal cause of civil wrong in
which bargained for change or binding agreement is not met but one
of more than parties to the contract b interference or
non-performance with performance fo the other party.
No, Ali can't take action against Gull for breach of his agency duties because There is no consideration in the contract. the contact with no consideration is not valid and thus contracts would be void. That is why a gratuitous agreement would never be forced by the court.
However, if Ali promised to give something to Gull in return and there was a witness. Then it would come under the oral agreement and would be completely valid.
But that is not that case that is why Ali can't sue Gull because contract is void.
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