MERCANTILE LAW                                    CA POOJA SHARMA                                                   PH NO:...
MERCANTILE LAW                                    CA POOJA SHARMA                                                   PH NO:...
MERCANTILE LAW                                           CA POOJA SHARMA                                                  ...
MERCANTILE LAW                                         CA POOJA SHARMA                                                    ...
MERCANTILE LAW                                      CA POOJA SHARMA                                                     PH...
MERCANTILE LAW                                        CA POOJA SHARMA                                                     ...
MERCANTILE LAW                                      CA POOJA SHARMA                                                      P...
MERCANTILE LAW                                CA POOJA SHARMA                                               PH NO: 0981159...
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.Nature of contrac_ts

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Transcript of ".Nature of contrac_ts"

  1. 1. MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT, 1872 CHAPTER 1- NATURE OF CONTRACT The law of contract is that branch of law which determines the circumstancesin which promise made by the parties to a contract shall be legally binding on them. All of usenter into a number of contracts everyday knowingly or unknowingly. Each contract createssome right and duties upon the contracting parties. Indian contract deals with theenforcement of these rights and duties upon the parties. Indian Contract Act, 1872 cameinto effect from 1st September, 1872. It extends to the whole of India except the state ofJammu and Kashmir.CONTRACT [SECTION 2(h)]: A contract is “an agreement enforceable by law”. Thus, CONTRACT = AGREEMENT (+) ENFORCEABILITY BY LAW“All contracts are agreements but all agreements are not contracts”AGREEMENT [SECTION 2(e)]: An agreement means, “Every promise or every set of promises,forming consideration for each other”. AGREEMENT = PROMISE(S) BY ONE PARTY (+) PROMISE(S) BY THE OTHER PARTYPROMISE [SECTION 2(b)]: “When the person to whom the proposal is made signifies hisassent thereto, the proposal is said to be accepted. A proposal when accepted becomes apromise.” PROMISE = PROPOSAL + ACCEPTANCEPROPOSAL/OFFER [SECTION 2(a)]: A person is said to make a proposal when “he signifies toanother his willingness to do or to abstain from doing anything with a view to obtainingassent of that other to such act or abstinence” PROPOSAL = WILLINGNESS TO DO OR ABSTAIN FROM DOING (+) WILLINGNESS’ TO OBTAIN ASSENT OF THE OTHER PARTY TO SUCH ACT OR ABSTINENCECONSIDERATION [SECTION 2(d)]: “When, at the desire of the promisor, the promise or anyother person has done or abstained from doing, or does or abstains from doing or promises todo or to abstain from doing something, such cat or abstinence is called consideration”. Inother words, consideration is something in return.
  2. 2. MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT, 1872ESSENTIAL ELEMENTS OF A VALID CONTRACT [Section 10]: According to Section 10, “All agreements are contracts if they are made byfree consent of parties, competent to contract, for a lawful consideration and with alawful object and are not hereby expressly declared to be void”. The essential elements ofa valid contract are: Agreement: To constitute a contract there must be an agreement. There must be two parties to an agreement, i.e. one party making an offer (offeror) and the other party accepting the offer (offeree). The terms of the offer must be definite and acceptance must be absolute and unconditional. The acceptance must be according to the mode prescribed and must be communicated to the offeror. Consensus-ad-idem (meeting of minds): To constitute a valid contract, there must be meeting of minds i.e. consensus-ad-idem. The parties should agree to the same thing in the same sense and at the same time. Intention to create legal relationship: When the two parties enter into an agreement, there must be an intention by both parties to legally bind the other as a result of such agreement. Thus, agreements of social or household nature are not contracts. Capacity of parties (competence): The parties to the agreement must be capable of entering into a valid contract. According to Section 11, every person is competent to contract if he or she, 1. is of the age of majority; 2. is of sound mind; and 3. is not disqualified from contracting by any law to which he is subject. Lawful Consideration: An agreement to form a valid contract should be supported by consideration. Consideration means “something in return” (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful. Free consent: To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake. Lawful object: The object of the agreement must not be illegal or unlawful. Section 23: According to Section 23, the consideration or object of an agreement is lawful, unless- • It is forbidden by law; or • Is of such nature that, if permitted it would defeat the provisions of any law or is fraudulent; or • Involves or implies, injury to the person or property of another; or • The court regards it as immoral, or opposed to public policy. Agreement not declared void or illegal: Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence does not constitute a valid contract. Certainty and possibility of performance: The terms of agreement must be certain and not vague. If it is not possible to ascertain the meaning of the agreement, it is not enforceable at law. Also, agreements to do impossible acts cannot be enforced.
  3. 3. MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT, 1872 Legal formalities: A contract may be oral or in writing. If, however, the law requires for a particular contract, it should comply with all the legal formalities as to writing, registration and attestation.TYPES OF CONTRACTS: CLASSIFICATION OF CONTRACTS On the basis of On the basis of On the basis of Validity Formation Performance 1. Valid contract 1. Express contract 1. Executed contract 2. Void contract 2. Implied contract 2. Executory contract 3. Voidable contract 3. Quasi Contracts 3. Unilateral contract 4. Void agreement 4. Bilateral contract • Valid contract: An agreement which has all the essential elements of a contract is called a valid contract. A valid contract can be enforced by law. • Voidable contract [Section 2(i)]: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others, is a voidable contract. If the essential element of free consent is missing in a contract, the law confers right on the aggrieved party either to reject the contract or to accept it. However, the contract continues to be good and enforceable unless it is repudiated by the aggrieved party. • Void contract [Section 2(j)]: A void contract is a contract which ceases to be enforceable by law. A contract when originally entered into may be valid and binding on the parties. It may subsequently become void. • Void agreement: An agreement not enforceable by law is said to be void. Such agreement does not confer any right to any of the parties to it. The agreement, in such a case, is void-ab-initio (from the very beginning). Such an agreement does not result in a contract at all. • Unenforceable contracts: Where a contract is good in substance but because of some technical defect cannot be enforced by law is called unenforceable contract. These contracts are neither void nor voidable. • Illegal agreement: An agreement is illegal if it is forbidden by law; or is of such nature that, if permitted, would defeat the provisions of nay law or is fraudulent; or involves or implies injury to a person or property of another, or court regards it as
  4. 4. MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT, 1872 immoral or opposed to public policy. These agreements are punishable by law. These are void-ab-initio. “All illegal agreements are void agreements but all void agreements are not illegal.” • Express contract: Where the terms of the contract are expressly agreed upon in words (written or spoken) at the time of formation, the contract is said to be express contract. • Implied contract: An implied contract is one which is inferred from the acts or conduct of the parties or from the circumstances of the cases. Where a proposal or acceptance is made otherwise than in words, promise is said to be implied. • Quasi contracts: A quasi contract is created by law. Thus, quasi contracts are strictly not contracts as there is no intention of parties to enter into a contract. It is legal obligation which is imposed on a party who is required to perform it. A quasi contract is based on the principle that a person shall not be allowed to enrich himself at the expense of another. • Executed contract: An executed contract is one in which both the parties have performed their respective obligation. • Executory contract: An executory contract is one where one or both the parties to the contract have still to perform their obligations in future. Thus, a contract which is partially performed or wholly unperformed is termed as executory contract. • Unilateral contract: A unilateral contract is one in which only one party has to perform his obligation at the time of the formation of the contract, the other party having fulfilled his obligation at the time o the contract or before the contract comes into existence. • Bilateral contract: A bilateral contract is one in which the obligation on both the parties to the contract is outstanding at the time of the formation of the contract. Bilateral contracts are also known as contracts with executory consideration.
  5. 5. MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT, 1872 CHAPTER-1 NATURE OF CONTRACT OBJECTIVE TYPE QUESTIONSQ1. Which one of the following is correct? Q7. Valid Contracts - (a) Indian Contract Act, 1882 (a) are made by free consent(b) Indian Contract Act, 1972 (b) are those where the parties to the (c) Indian Contract Act, 1872 contract are competent to enter into an(d) Indian Contract Act, 1888. agreement (c) have lawful consideration & lawful objectQ2. An agreement consists of reciprocal (d) all of the above.promises between at least(a) Four parties Q8. Which one of the following is an(b) Six parties essential element of a valid contract?(c) Three parties (a) Consideration(d) Two parties. (b) Free Consent (c) Competent PartiesQ3. Every contract is an agreement but (d) all the above.every agreement is not a contract. Thisstatement is - Q9. An agreement to commit a crime or a(a) Wrong tort is-(b) Correct (a) Void(c) Correct subject to certain exceptions (b) Voidable(d) Partially correct. (c) Valid (d) Unenforceable.Q4. An Agreement is -(a) Offer Q10. L promises to give Rs.5,000 per(b) Offer + Acceptance month pocket money to his son M. If L does(c) Offer + Enforceability not give the pocket .money -(d) Contract. (a) M can sue his father . (b) M has no remedy against LQ5. A contract is- (c) M can accept a lower pocket money(a) A promise to do something or abstain (d) M has to give Rs.5,000 to his father.from doing something(b) A communication of intention to do Q11. One of the clauses in an agreementsomething or abstain from doing something was - "This, agreement shall not be legally(c) A set of promise enforceable, but binding in honor only". In(d) An agreement enforceable by law. such case, the agreement is - (a) InvalidQ6. K owns a residential flat in Chennai. He (b) Validis entitled to quiet possession and (c) Illegalenjoyment of his property. This is called - (d) Voidable(a) Rights in Personam(b) Rights in Rem Q12. A void agreement is one which is-(c) Constitutional Right (a) Enforceable at the option of one party.(d) There is no right at all.
  6. 6. MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT, 1872(b) Enforceable at the option of both the Q19. A voidable agreement is enforceableparties. by:(c) Valid but not enforceable. (a) none of the parties(d) Not enforceable in a court of law. (b) only one of the parties (c) one or more but not by the other orQ13. The Indian Contract Act applies to others(a) whole of India (d) all the parties to the contract.(b) whole of India excluding Jammu and Kashmir Q20. An illegal agreement is:(c) states notified by central Government (a) void ab initio from time to time. (b) becomes void(d) States notified by the state (c) void ab initio as well as punishable Government from time to time. (d) voidableQ14. The term ‘contract’ is defined in Q23. An executoy contract is:which of the following sections of Indian (a) wholly unperformedContract Act, (b) may be partially performed or(a) Section 2 (a) wholly unperformed(b) Section 2 (b) (c) wholly performed(c) Section 2 (e) (d) none of the above(d) Section 2 (h) Q24. Law of contract is:Q15. A proposal when accepted became a (a) the whole law of agreements(a) promise (b) the whole law of obligations(b) offer (c) neither the whole law of(c) contract agreements nor the whole law of(d) acceptance obligations (d) none of the aboveQ16. A contract is(a) offer + acceptance Q25. The transactions collateral to an(b) Agreement + Enforceability illegal agreement are:(c) Offer + Enforceability (a) not affected in any manner(d) Offer + legal obligations. (b) also illegal (c) voidable at the option of theQ17. The law of contract creates the right plaintiff (a) just in rem (d) void (b) just in personam (c) consensus ad idem Q26. A contract: (d) none of these (a) may be void as originally entered intoQ18. A just in personam means a right (b) may became void subsequent to itsagainst formation (a) a specific person (c) cannot became void under any (b) the public at large circumstances (c) a specific thing (d) may became void at the will of a (d) none of these party.
  7. 7. MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT, 1872 (c) in both the situationsQ27. A contract may be: (d) in none of the situations (a) express (b) implied Q34. Which of these obligations are (c) a or b imposed by the general law of land and (d) a and b not by the contractual agreements? (a) quasi contractsQ28. An agreement with a minor is: (b) judgment of the court (a) void (c) status obligations (b) void ab initio (d) in all the three situations (c) voidable (d) valid Q35. Which of the following persons can enter into a valid contract?Q29. The object of an agreement must be (a) minor (a) beneficial for the society (b) person of unsound mind (b) may be illegal (c) illiterate person (c) lawful (d) persons disqualified by nay law to (d) may be immoral which they are subject toQ30. Consideration may be: Q36. State which of these statements are (a) present true (b) past (a) A proposal when accepted always (c) present or past but not future becomes a contract (d) present, past or future (b) All kinds of obligations created between the parties form part ofQ31. An agreement enforceable by law the contractunder Indian Contract Act may be: (c) An agreement to agree in future is (a) in writing not a contract. (b) oral (d) None of these. (c) a and b (d) a or b Q37. In a voidable contract: (a) parties are incompetent to contractQ32. Which of these statements are true? (b) free consent of the parties is (a) an agreement is a wider tern than missing contract (c) consideration is inadequate (b) all agreements are contracts but (d) the object is expressly declared all contracts are not agreements void by the act itself. (c) all legal obligations are contracts (d) the Indian Contract Act applies to Q38. Which of these is a source of Indian whole of India. Contract Act? (a) American mercantile lawQ33. In which of these situations a (b) Vedas and Puranascontract becomes void: (c) Law of merchants (a) supervening impossibility of an act (d) English mercantile law (b) contract contingent on happening of an uncertain event Q39.
  8. 8. MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT, 1872

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