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1 of 21
1
2
3
What is the contract
The first requisite of a contract is
that parties should have reached
agreement.
Generally speaking an agreement
is made when one party accepts
an offer made by the other
4
The agreement must be
Certain
Final
affermative
5
An offer
An offer is made where a person
(the offeror) expresses to another
(the offeree) his willing to make a
binding agreement. An offer may
be made to a specific person, to a
group of people, or to the world at
large.
6
In other wards
An offer is a statement that the
person making it is willing to
contract on the terms stated
An offer may be made to an
individual or to group of persons
or to the world at large
7
Forms of offer
The offer may be made expressly
or by conduct.
The taxi driver who park his taxi
in taxi rank setting behind the
steering wheel, he is making an
offer
8
The offer must be definite, not
vague or illusory. In other words it
must be a final proposal with a
view to acceptance. Hence an
invitation by one party to the other
to negotiate or to make an offer in
not offers.
9
Acceptance
The basic rule is that for an
acceptance to be effective it must be
of the precise terms of the offer.
 An offer has no validity unless and
until it is communicated to the offer so
as to give opportunity to accept or
reject.
10
formalities
Neither offer nor acceptance needs to be
in any particular form.
 An acceptance may be express, as
where the offeree accepts the offer by a
written or oral statement, or it may be
manifested by the offeree’s conduct.
 It is usually said that not only must the
offer be accepted, but the acceptance
must be communicated to the offeror.
11
12
Termination of Offers
Not all offers are accepted of
course. Sometimes before an
offer is accepted the offeror may
regret that he made it and wishes
to argue that the offer is no longer
open for acceptance. The offers
may be terminated for a variety of
reasons.
13
Rejection
Once an offer is rejected it cannot
be accepted unless it is renewed.
14
Revocation
The offer can be revoked at any
time until it has been accepted.
When the offeror states that his
offer is open for a period of time,
he cannot withdraw such an offer
before the lapse of that period.
15
Lapse of time
 Many offers are explicitly made
for a fixed period. In such a case,
the offer automatically comes to
an end when the period runs out.
If there is no express time limit,
the court will usually hold the offer
is open for a reasonable time and
decide what a reasonable time is.
16
The Essential Elements of the
Contract
Under the Bahrain law certain
essential elements must be
fulfilled in order to create a valid
contract. Those are:
17
Consent to contract
Consent to contract: The parties
must have consent to contract. In
order to have a valid contract,
consent to a contract must not be
affected by any of these defects:
Duress, Deceit Mistake,
misrepresentation and gross
disparity.
18
A valid consent should be
expressed by a competent
person. Capacity to contract:
Every person has the capacity to
contract unless he/she is
incapacitated, or he/she enjoys
limited capacity.
19
Subject-Matter: Every contract
must have a subject-matter. The
subject matter must be either
property, benefit or any other
financial right. If the subject
matter of contract is contrary to
public order or morals, then such
contract is void.
20
Cause: It is the direct purpose for
which a contract has become into
being. The cause must be
existent, valid permissible and not
contrary to public order or morals.
21
So it can be said that the
essential elements of any
agreement to constitute a contract
are the following:
Consent.
The object being lawful.
The reason.

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introduction of contracts.ppt

  • 1. 1
  • 2. 2
  • 3. 3 What is the contract The first requisite of a contract is that parties should have reached agreement. Generally speaking an agreement is made when one party accepts an offer made by the other
  • 4. 4 The agreement must be Certain Final affermative
  • 5. 5 An offer An offer is made where a person (the offeror) expresses to another (the offeree) his willing to make a binding agreement. An offer may be made to a specific person, to a group of people, or to the world at large.
  • 6. 6 In other wards An offer is a statement that the person making it is willing to contract on the terms stated An offer may be made to an individual or to group of persons or to the world at large
  • 7. 7 Forms of offer The offer may be made expressly or by conduct. The taxi driver who park his taxi in taxi rank setting behind the steering wheel, he is making an offer
  • 8. 8 The offer must be definite, not vague or illusory. In other words it must be a final proposal with a view to acceptance. Hence an invitation by one party to the other to negotiate or to make an offer in not offers.
  • 9. 9 Acceptance The basic rule is that for an acceptance to be effective it must be of the precise terms of the offer.  An offer has no validity unless and until it is communicated to the offer so as to give opportunity to accept or reject.
  • 10. 10 formalities Neither offer nor acceptance needs to be in any particular form.  An acceptance may be express, as where the offeree accepts the offer by a written or oral statement, or it may be manifested by the offeree’s conduct.  It is usually said that not only must the offer be accepted, but the acceptance must be communicated to the offeror.
  • 11. 11
  • 12. 12 Termination of Offers Not all offers are accepted of course. Sometimes before an offer is accepted the offeror may regret that he made it and wishes to argue that the offer is no longer open for acceptance. The offers may be terminated for a variety of reasons.
  • 13. 13 Rejection Once an offer is rejected it cannot be accepted unless it is renewed.
  • 14. 14 Revocation The offer can be revoked at any time until it has been accepted. When the offeror states that his offer is open for a period of time, he cannot withdraw such an offer before the lapse of that period.
  • 15. 15 Lapse of time  Many offers are explicitly made for a fixed period. In such a case, the offer automatically comes to an end when the period runs out. If there is no express time limit, the court will usually hold the offer is open for a reasonable time and decide what a reasonable time is.
  • 16. 16 The Essential Elements of the Contract Under the Bahrain law certain essential elements must be fulfilled in order to create a valid contract. Those are:
  • 17. 17 Consent to contract Consent to contract: The parties must have consent to contract. In order to have a valid contract, consent to a contract must not be affected by any of these defects: Duress, Deceit Mistake, misrepresentation and gross disparity.
  • 18. 18 A valid consent should be expressed by a competent person. Capacity to contract: Every person has the capacity to contract unless he/she is incapacitated, or he/she enjoys limited capacity.
  • 19. 19 Subject-Matter: Every contract must have a subject-matter. The subject matter must be either property, benefit or any other financial right. If the subject matter of contract is contrary to public order or morals, then such contract is void.
  • 20. 20 Cause: It is the direct purpose for which a contract has become into being. The cause must be existent, valid permissible and not contrary to public order or morals.
  • 21. 21 So it can be said that the essential elements of any agreement to constitute a contract are the following: Consent. The object being lawful. The reason.