Change in managerial position of opposite party on basis of a contract

856 votes

Sir, one can ask for a certain person to head the company and run its day to day operations in a contract. It is important that it be drafted in the legal way so that it is enforceable in a court of law.

Advocate Usha Sharma LawRato

558 votes

Yes. Such a clause is enforceable under law. However, the consequences of failure to perform the contract would be set out in the contract and the non-compliance of the same will be dealt under it. The other party may also seek a specific performance of the contract if not otherwise provided under the contract.

Advocate Nakul Batra LawRato

517 votes

The details provided by you are inadequate to give a proper reply to your query.
You need to provide details like for what purpose the contract is ?
The person from another company will head day to day operations of what ?
What is the involvement of both the companies in the contract ?

Advocate Bhupinder Kumar Jerath LawRato

893 votes

Company per se is a legal person and when engaging in business the engagement is that of one legal person(alive or abstract such as company) to another. Now while entering into contract with another company it has no legal grounds to initiate such change but nevertheless a contract can be entered into that where a specific condition is laid out as binding that existence of such and such person at helm of affairs would ensure the pendency of such said contract failing which the contract would be deemed to terminated on the day of a change which was not permitted under the contract.
Idea of contract rests on ad-idem that is meeting of minds and that can be invariably inserted in a binding clause of a contract

Advoacte Amit Kumar Singh LawRato