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INTRODUCTION TO
CONTRACT ACT 1872
CONTRACT
• INTRO :-
Term Contract is Derived from the Latin
word Contractum which Mean “Drawn Together”. A
Contract is an Agreement made between two or more
parties which is enforceable by Law.
DEFINITION
• According to Sec (h) of Indian Contract Act.
• Contract is an Agreement made Between two Parties.
• Which is enforceable by Court of Law”
• Contract = Agreement + enforceability by Law.
ESSENTIAL ELEMENTS
OF A VALID CONTRACT
• OFFER : Offer Is A Proposal .
• Without Offer There Is No Contract.
• The Person Who Makes Offer Is Offerer.
• The Person Who Accepts The Proposal Is Offeree.
ACCEPTOR
• ACCEPTANCE : Acceptance Is Willingness
• The Person Who Accept The Offer Is Acceptor.
• The Person Who Propose The Offer Is Acceptee.
ACCEPTEE
• AGREEMENT: Agreement is Rules And Regulations.
• Two Parties In Contract Fix certain Rules and
Regulations, Roles and Responsibilities, Rules and
Regulations which are essential for an Agreement.
• All Agreement are not Contract But All Contract are
Agreement.
• Agreement =
Offer + Acceptance
+ Enforceable by law
CONSIDERATION : Consideration Is “Something In Return”
• An Agreement Without Consideration Is Called As “ Nudum-
Pactum”. Which Means Waste Contract.
• An Agreement With Consideration Is Called As “QUID-PRO-
QUO” Which Means Something Should Be In Return.
• Both Parties Must Get Equal Benefits.
• FREE CONSENT : Consent Is Self-Wish.
• All Agreements Are Contracts If they are made by Free
Consent of the Parties.
• It Is Ones Own Willingness and Wish To Enter Into
Contract.
• Consent is said To be free If Not Made By :
• Fraud
• Misrepresentation
• Coercion
• Undue Influence
• Mistake
• LEGALITY OF OBJECTS : Should Be Legal.
• Parties Who Enter Into agreement Must Have A Legal
Object , It Should Not Be :
• Illegal
• Immoral(Child Labour)
• Opposed To Public Policy.
LEGAL RELATIONSHIP : Relationship Should Be Legal.
• When Two Parties Enter Into Contract They should Create
Legal Relationship.
• Agreement Between Blood Related People, Social
Relationship does not Constitute any Contract.
• POSSIBILITY OF PERFORMANCE :
• Agreement must be certain and It must Posses Posibility Of
Performance.
• Impossibility of Performance does not create any Contract.
Ex : Mr.A said to Mr.B He Will Pay Mr.B 50Lakhs, If Mr.B
Puts Back Mr.A’s Dead Wife Into Life. It Is Impossible to
Perform.
• LEGAL FORMALITIES : Written Agreement.
• A Contract can Neither Be Made By Spoken Or Written.
• There Is No Difference Between Contract By Speaking
Or Contract In Writing.
• A Contract With Written Agreement Has Got More
Value.
• A Contract Must Contain Certain Legal Formalities:
• Written Document
• Registration
• Stamp Paper
• Evidence
• CAPACITY OF PARTIES : Legal Capacity.
• Parties Entering Into The Contract Should Have The Legal
Capacity To Enter Into Contract.
• Parties Which Do Not have Legal Capacity To Enter Into
Contract Are :
• Minor
• Unsound Mind
• Drunkyard
• Convict
• Foreign Ambassador
• Insolvent
• CONSENSUS – AD – IDEM : Meeting Of Minds.
• Meeting Of Minds And Identification Of Minds.
• Both The Parties Ideas Must Coincide At The Same time,
Same Sense And Same Thing.
• Agreement Occurs Only When Both Minds Coincide On
Common Purpose.
THANK YOU

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BLAW.pptx

  • 2. CONTRACT • INTRO :- Term Contract is Derived from the Latin word Contractum which Mean “Drawn Together”. A Contract is an Agreement made between two or more parties which is enforceable by Law.
  • 3. DEFINITION • According to Sec (h) of Indian Contract Act. • Contract is an Agreement made Between two Parties. • Which is enforceable by Court of Law” • Contract = Agreement + enforceability by Law.
  • 4. ESSENTIAL ELEMENTS OF A VALID CONTRACT • OFFER : Offer Is A Proposal . • Without Offer There Is No Contract. • The Person Who Makes Offer Is Offerer. • The Person Who Accepts The Proposal Is Offeree.
  • 5. ACCEPTOR • ACCEPTANCE : Acceptance Is Willingness • The Person Who Accept The Offer Is Acceptor. • The Person Who Propose The Offer Is Acceptee. ACCEPTEE
  • 6. • AGREEMENT: Agreement is Rules And Regulations. • Two Parties In Contract Fix certain Rules and Regulations, Roles and Responsibilities, Rules and Regulations which are essential for an Agreement. • All Agreement are not Contract But All Contract are Agreement. • Agreement = Offer + Acceptance + Enforceable by law
  • 7. CONSIDERATION : Consideration Is “Something In Return” • An Agreement Without Consideration Is Called As “ Nudum- Pactum”. Which Means Waste Contract. • An Agreement With Consideration Is Called As “QUID-PRO- QUO” Which Means Something Should Be In Return. • Both Parties Must Get Equal Benefits.
  • 8. • FREE CONSENT : Consent Is Self-Wish. • All Agreements Are Contracts If they are made by Free Consent of the Parties. • It Is Ones Own Willingness and Wish To Enter Into Contract. • Consent is said To be free If Not Made By : • Fraud • Misrepresentation • Coercion • Undue Influence • Mistake
  • 9. • LEGALITY OF OBJECTS : Should Be Legal. • Parties Who Enter Into agreement Must Have A Legal Object , It Should Not Be : • Illegal • Immoral(Child Labour) • Opposed To Public Policy.
  • 10. LEGAL RELATIONSHIP : Relationship Should Be Legal. • When Two Parties Enter Into Contract They should Create Legal Relationship. • Agreement Between Blood Related People, Social Relationship does not Constitute any Contract.
  • 11. • POSSIBILITY OF PERFORMANCE : • Agreement must be certain and It must Posses Posibility Of Performance. • Impossibility of Performance does not create any Contract. Ex : Mr.A said to Mr.B He Will Pay Mr.B 50Lakhs, If Mr.B Puts Back Mr.A’s Dead Wife Into Life. It Is Impossible to Perform.
  • 12. • LEGAL FORMALITIES : Written Agreement. • A Contract can Neither Be Made By Spoken Or Written. • There Is No Difference Between Contract By Speaking Or Contract In Writing. • A Contract With Written Agreement Has Got More Value. • A Contract Must Contain Certain Legal Formalities: • Written Document • Registration • Stamp Paper • Evidence
  • 13. • CAPACITY OF PARTIES : Legal Capacity. • Parties Entering Into The Contract Should Have The Legal Capacity To Enter Into Contract. • Parties Which Do Not have Legal Capacity To Enter Into Contract Are : • Minor • Unsound Mind • Drunkyard • Convict • Foreign Ambassador • Insolvent
  • 14. • CONSENSUS – AD – IDEM : Meeting Of Minds. • Meeting Of Minds And Identification Of Minds. • Both The Parties Ideas Must Coincide At The Same time, Same Sense And Same Thing. • Agreement Occurs Only When Both Minds Coincide On Common Purpose.