The document discusses the essential elements of a valid contract under Indian contract law. It outlines 10 essential elements: 1) offer and acceptance, 2) intention to create a legal relationship, 3) lawful consideration, 4) capacity of parties, 5) free consent, 6) lawful object, 7) certainty of meaning, 8) possibility of performance, 9) not declared void or illegal, and 10) legal formalities if required. It then provides further details on the elements of free consent, outlining the definitions and essentials of coercion, undue influence, and fraud as they relate to free consent in contract formation.
Contracts & Agreements as per Business LawNidhi Seth
The document discusses various types of contracts and agreements. It defines a contract as an agreement that is enforceable by law, containing two key elements - an agreement and being enforceable. It distinguishes between different types of contracts based on their formation (express, implied, quasi), performance (executed, executory, unilateral, bilateral) and validity/enforceability (valid, void, voidable, illegal, unenforceable). Key points covered include the definition of proposal, promise, promisor and promisee. Characteristics of a valid agreement are also outlined.
Contracts and agreements have dominates so many aspects of the economy in our daily lives. Practically every personal business activity involves a contract, such as enrollment in college, renting a house or an apartment, buying and selling a land or a vehicle, and many more. A contracts define the relationship, the rights, and the obligations of the parties. And one of the essential elements of a contract is an agreement. An agreement is formed when an offer is accepted. If the agreement has been poured in written form, then the Agreement is called Contract. The content of the Contract are in fact the Agreement itself. The terms of the contract and the agreement are identical, without needing to be differentiated and can be used simultaneously. The term of contract is more often used in business practice.
The document discusses the essential elements of a valid contract according to Indian law. It provides details on 10 essential elements including offer and acceptance, lawful consideration, lawful object, and intention to create legal relations. It also discusses different types of contracts such as valid, void, voidable, and illegal contracts. Key elements that make a contract valid and enforceable are discussed in detail with examples.
Vitiating Elements in Formation of Contract: Coercion, Fraud and Undue Influe...Preeti Sikder
After completion of this lesson students will be able to:
- define free consent and identify elements of coercion
- define fraud and identify its elements
- define undue influence and identify its elements
A contract is a legally binding agreement or relationship that exists between...chelliah selvavishnu
A contract is a legally binding agreement between two or more parties that is enforceable by law. For a contract to be valid, it requires elements such as offer and acceptance, lawful consideration, capacity and consent of the parties, a lawful objective, and certainty. All contracts are considered agreements, as they involve mutual understanding and consent between parties. However, not all agreements result in contracts, as they must also create binding legal obligations in order to be enforceable.
1. The document discusses various provisions of Indian contract law regarding the legality of contract objects and considerations.
2. It provides examples of lawful and unlawful considerations, such as a promise to sell goods being lawful while a promise to engage in fraud being unlawful.
3. Contingent contracts can become void if the specified uncertain event does not occur within the fixed time period, or if the event was impossible to begin with.
This document provides an overview of Indian contract law under the Indian Contract Act of 1872. It defines key terms like what constitutes a contract, agreement, and consideration. The essential elements of a valid contract are also outlined, including offer and acceptance, intention to create a legal relationship, lawful consideration, capacity of parties, free consent, lawful object, certainty of meaning, possibility of performance, and compliance with required legal formalities. Contracts are also classified based on their validity, formation, performance obligations, and other attributes as defined by the Act.
This document provides an introduction and definitions related to contract law in India. It discusses that a contract requires an agreement between two or more parties that intends to create legal obligations. The key elements for a valid contract are agreement, lawful consideration, lawful object, intention to create legal relations, free consent, and competency of parties. There must also be certainty of meaning and possibility of performance. Contracts can be express, implied, quasi-contracts, void, voidable, illegal or unenforceable depending on whether they satisfy these validity requirements.
Contracts & Agreements as per Business LawNidhi Seth
The document discusses various types of contracts and agreements. It defines a contract as an agreement that is enforceable by law, containing two key elements - an agreement and being enforceable. It distinguishes between different types of contracts based on their formation (express, implied, quasi), performance (executed, executory, unilateral, bilateral) and validity/enforceability (valid, void, voidable, illegal, unenforceable). Key points covered include the definition of proposal, promise, promisor and promisee. Characteristics of a valid agreement are also outlined.
Contracts and agreements have dominates so many aspects of the economy in our daily lives. Practically every personal business activity involves a contract, such as enrollment in college, renting a house or an apartment, buying and selling a land or a vehicle, and many more. A contracts define the relationship, the rights, and the obligations of the parties. And one of the essential elements of a contract is an agreement. An agreement is formed when an offer is accepted. If the agreement has been poured in written form, then the Agreement is called Contract. The content of the Contract are in fact the Agreement itself. The terms of the contract and the agreement are identical, without needing to be differentiated and can be used simultaneously. The term of contract is more often used in business practice.
The document discusses the essential elements of a valid contract according to Indian law. It provides details on 10 essential elements including offer and acceptance, lawful consideration, lawful object, and intention to create legal relations. It also discusses different types of contracts such as valid, void, voidable, and illegal contracts. Key elements that make a contract valid and enforceable are discussed in detail with examples.
Vitiating Elements in Formation of Contract: Coercion, Fraud and Undue Influe...Preeti Sikder
After completion of this lesson students will be able to:
- define free consent and identify elements of coercion
- define fraud and identify its elements
- define undue influence and identify its elements
A contract is a legally binding agreement or relationship that exists between...chelliah selvavishnu
A contract is a legally binding agreement between two or more parties that is enforceable by law. For a contract to be valid, it requires elements such as offer and acceptance, lawful consideration, capacity and consent of the parties, a lawful objective, and certainty. All contracts are considered agreements, as they involve mutual understanding and consent between parties. However, not all agreements result in contracts, as they must also create binding legal obligations in order to be enforceable.
1. The document discusses various provisions of Indian contract law regarding the legality of contract objects and considerations.
2. It provides examples of lawful and unlawful considerations, such as a promise to sell goods being lawful while a promise to engage in fraud being unlawful.
3. Contingent contracts can become void if the specified uncertain event does not occur within the fixed time period, or if the event was impossible to begin with.
This document provides an overview of Indian contract law under the Indian Contract Act of 1872. It defines key terms like what constitutes a contract, agreement, and consideration. The essential elements of a valid contract are also outlined, including offer and acceptance, intention to create a legal relationship, lawful consideration, capacity of parties, free consent, lawful object, certainty of meaning, possibility of performance, and compliance with required legal formalities. Contracts are also classified based on their validity, formation, performance obligations, and other attributes as defined by the Act.
This document provides an introduction and definitions related to contract law in India. It discusses that a contract requires an agreement between two or more parties that intends to create legal obligations. The key elements for a valid contract are agreement, lawful consideration, lawful object, intention to create legal relations, free consent, and competency of parties. There must also be certainty of meaning and possibility of performance. Contracts can be express, implied, quasi-contracts, void, voidable, illegal or unenforceable depending on whether they satisfy these validity requirements.
The document summarizes key aspects of consent, free consent, and void agreements under the Indian Contract Act of 1872. It discusses concepts such as coercion, undue influence, misrepresentation, mistake, consideration, and expressly declared void agreements related to restraint of marriage, trade, legal proceedings, uncertainty, wagering, and impossible acts/events. Key highlights include definitions of consent requiring identical understanding, examples of void agreements, and classifications of different types of mistakes and void agreements.
The document summarizes key concepts from Indian commercial law, including contract law and sale of goods. It defines a contract, outlines essential elements like offer/acceptance and consideration. It describes different types of contracts and factors affecting their validity. Key acts discussed include the Indian Contract Act of 1872 and Sale of Goods Act of 1930.
Contract Management in Civil Engineering WorksDr K M SONI
The document discusses key concepts related to proposals, promises, agreements and contracts under Indian law. It defines proposals, acceptance, consideration and how they become binding contracts. It provides examples of proposals, promises and acceptance between an engineer and contractor. It outlines requirements for a valid contract such as offer and acceptance, certainty, commitment and communication. It discusses void agreements, voidable contracts and how to revoke a proposal or acceptance. Key points include that acceptance must be absolute and unqualified, consent must be free of coercion or undue influence, and acceptance cannot impose additional conditions or vary the original offer.
Law of Attraction. Law of firms and business. Before you open business you have to read law. There are many laws in Cambodia . If you have done any wrong from the laws, you will be fine or punish by the level of you against the laws. Laws is laws. However, you have to obey the laws. As human, we live in society in order to help each other to obey the law. Laws is created by human. Human have to follow what it say in it.
Communication is about Laws too. PUC have one subject called Laws. Laws can learn in every school in Cambodia. Because it is Laws.
1) A contract is defined as an agreement that is enforceable by law, requiring an offer, acceptance of that offer, and consideration.
2) For a contract to be valid, it must meet conditions such as clear terms, lawful purpose, capacity and consent of the parties.
3) Consent must be free and not obtained through coercion, undue influence, misrepresentation, fraud or mistake.
This document discusses fraud and misrepresentation under Indian contract law. It defines fraud as intentionally deceiving another party through false suggestions, concealment of facts, promises without intent to perform, or other deceitful acts. Misrepresentation involves making an innocent but incorrect statement of fact. The key differences are that fraud requires intent and can result in damages, while misrepresentation is unintentional and usually does not lead to damages claims. Both can allow the deceived party to avoid the contract or demand its proper performance. The document outlines the elements of fraud and misrepresentation, available remedies, and exceptions regarding negligence or failure to discover the truth.
This document discusses several legal principles relevant to determining whether Lady Mrembo is obligated to repay Lady Manyanga the 20,000 shillings she borrowed. It analyzes the contractual capacity of minors, invitation to treat doctrine, promissory estoppel, and whether statements are terms or representations in a contract. Specifically, it finds that as a 14-year-old minor, Lady Mrembo has no legal obligation to repay the debt due to her lack of contractual capacity as an infant. It also discusses potential claims by Lady Manyanga against the shopkeeper for breach of contract depending on whether an offer was accepted or if promissory estoppel applies.
This document defines the key elements of a legally binding contract under law. It explains that a contract requires an offer and acceptance, consideration, intention to create a legal relationship, consent, legal capacity to contract, and legality. It provides specific examples of how these elements apply in insurance contracts, such as the insured's consideration being the payment of premiums in exchange for the insurer's promise to pay if a covered loss occurs.
This document defines contracts and their essential elements. It discusses:
1) A valid contract requires an agreement between competent parties supported by lawful consideration and with a lawful objective.
2) An agreement becomes enforceable and legally binding when it satisfies conditions like offer/acceptance, lawful object, and writing where required.
3) A voidable contract allows one party the option to invalidate the agreement if their consent was obtained through misconduct. It remains enforceable otherwise.
The document discusses various topics related to business law in India including the definition of law and business, essential elements of a valid contract, discharge of contracts, remedies for breach of contract, quasi-contracts, contracts of indemnity and guarantee, bailment, agency, sale of goods, and negotiable instruments. It provides definitions and key aspects of each topic in brief paragraphs.
Legal Aspects of Business
A contract is an agreement that is legally enforceable. It requires an offer, acceptance, and consideration. For a contract to be valid there must be free consent between the parties without coercion, undue influence, misrepresentation, or mistake. Contracts can be discharged through performance, breach, impossibility of performance, or agreement between the parties such as novation or rescission. Remedies for breach of contract include damages, rescission, injunctions, and restitution.
The document discusses the capacity of parties to enter into contracts under Indian law. It defines who is competent to contract and notes that agreements with minors are void. A minor is deemed to have attained majority at age 18 except under certain circumstances like where a guardian has been appointed, in which case majority is 21. Agreements with minors are not valid and a minor cannot be estopped from pleading minority to avoid the agreement. However, if a minor fraudulently misrepresented their age, the court may award compensation to the other party. Upon reaching the age of majority, a minor can potentially ratify agreements made as a minor.
The document discusses the law of contracts in India. It begins by defining a contract as an agreement that is enforceable by law under the Indian Contract Act of 1872. It then discusses key elements of a valid contract including offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free and genuine consent, lawful object, certainty and possibility of performance, and legal formalities. It also covers classification of contracts according to validity, formation, and performance. Examples are provided to illustrate voidable contracts, void agreements, and other contract types.
This document discusses consideration and the essential elements required for a valid contract. It defines consideration as the price for which a promise is made. An example is provided of a sale agreement where the factory price is the consideration. Essential elements of consideration include it being real, moving at the desire of the promisor, and not being something the promisor is already bound to do. The document outlines different types of consideration like present, past, and future consideration. It also discusses capacity of parties, void agreements, and factors like coercion, undue influence, fraud, and misrepresentation that can invalidate an agreement due to lack of free consent.
The document discusses various types of agreements that are considered void as against public policy under Indian law. It outlines agreements that interfere with administration of justice, such as agreements stifling prosecution or involving maintenance and champerty. It also discusses agreements that interfere with personal freedom, parental rights, marital status, or the period of legal limitations. Traffic in public offices and agreements creating interests opposed to duty are also deemed void as against public policy.
Alan borrowed $5,000 from Bruce but went bankrupt before the repayment date. Under the influence of alcohol, Bruce agreed to accept less money from Alan. However, Bruce can still demand the full amount because he lacked capacity while intoxicated. Two cases establish that partial payment cannot discharge a full debt unless with additional consideration, like a gift. Bruce provided no new consideration by agreeing to accept less money while inebriated.
The document discusses various topics related to law and contracts. It begins by defining law and noting that law establishes a system of rules to govern behavior. It then discusses commercial law, which governs business transactions. It also examines the institutions that enforce law, such as the legislature, executive, and judiciary. The document goes on to explore where laws come from, including that statutes are made by legislatures and common law originates from customs and practices. It also outlines different legal systems like civil law, common law, and Sharia law. The majority of the document then focuses on defining and discussing the essential elements of contracts, including proposal/offer, acceptance, consideration, and consent. It examines the types of contracts and what
The Contract Act 1872 lays down the general principles of contract law in India. It establishes the requirements for a valid contract such as offer, acceptance, lawful consideration, capacity to contract, free consent, lawful object and intention to create legal relations. The Act also defines different types of contracts and addresses how contracts are formed, performed and discharged. It provides remedies for breach of contract such as damages, specific performance and injunctions. The Act aims to ensure parties to a contract are bound by certain core obligations while allowing flexibility in agreements.
The document discusses key concepts from the Indian Contract Act 1872 such as offer, acceptance, agreement, and contract. It explains that a contract requires an agreement plus legal enforceability. The essential elements of a valid contract are discussed as offer and acceptance, lawful object, lawful consideration, capacity of parties, and free consent. Remedies for breach of contract include damages, specific performance, and injunction. Previous years questions from various competitive exams covering concepts of contract law are also provided.
The document discusses the essential elements of a valid contract according to Indian contract law:
1. An agreement requires an offer and acceptance between two or more parties to constitute a valid contract.
2. Other essential elements are consideration, lawful object, capacity and free consent of the parties, and the agreement must not be expressly declared void.
3. A contract creates legal obligations between the contracting parties, giving rise to rights in personam rather than rights in rem against the whole world.
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The document summarizes key aspects of Indian contract law as outlined in the Indian Contract Act of 1872. It discusses the following in 3 sentences or less:
The Act lays down principles for formation, performance, and enforceability of contracts, as well as special contract types like indemnity, guarantee, bailment, and pledge. A contract requires an agreement between two parties that intends to create a legal obligation, with the agreement consisting of a proposal and acceptance. The document then outlines various essential elements and types of contracts, including valid, voidable, void, and illegal contracts, as well as express, implied, and quasi-contracts.
The document summarizes key aspects of consent, free consent, and void agreements under the Indian Contract Act of 1872. It discusses concepts such as coercion, undue influence, misrepresentation, mistake, consideration, and expressly declared void agreements related to restraint of marriage, trade, legal proceedings, uncertainty, wagering, and impossible acts/events. Key highlights include definitions of consent requiring identical understanding, examples of void agreements, and classifications of different types of mistakes and void agreements.
The document summarizes key concepts from Indian commercial law, including contract law and sale of goods. It defines a contract, outlines essential elements like offer/acceptance and consideration. It describes different types of contracts and factors affecting their validity. Key acts discussed include the Indian Contract Act of 1872 and Sale of Goods Act of 1930.
Contract Management in Civil Engineering WorksDr K M SONI
The document discusses key concepts related to proposals, promises, agreements and contracts under Indian law. It defines proposals, acceptance, consideration and how they become binding contracts. It provides examples of proposals, promises and acceptance between an engineer and contractor. It outlines requirements for a valid contract such as offer and acceptance, certainty, commitment and communication. It discusses void agreements, voidable contracts and how to revoke a proposal or acceptance. Key points include that acceptance must be absolute and unqualified, consent must be free of coercion or undue influence, and acceptance cannot impose additional conditions or vary the original offer.
Law of Attraction. Law of firms and business. Before you open business you have to read law. There are many laws in Cambodia . If you have done any wrong from the laws, you will be fine or punish by the level of you against the laws. Laws is laws. However, you have to obey the laws. As human, we live in society in order to help each other to obey the law. Laws is created by human. Human have to follow what it say in it.
Communication is about Laws too. PUC have one subject called Laws. Laws can learn in every school in Cambodia. Because it is Laws.
1) A contract is defined as an agreement that is enforceable by law, requiring an offer, acceptance of that offer, and consideration.
2) For a contract to be valid, it must meet conditions such as clear terms, lawful purpose, capacity and consent of the parties.
3) Consent must be free and not obtained through coercion, undue influence, misrepresentation, fraud or mistake.
This document discusses fraud and misrepresentation under Indian contract law. It defines fraud as intentionally deceiving another party through false suggestions, concealment of facts, promises without intent to perform, or other deceitful acts. Misrepresentation involves making an innocent but incorrect statement of fact. The key differences are that fraud requires intent and can result in damages, while misrepresentation is unintentional and usually does not lead to damages claims. Both can allow the deceived party to avoid the contract or demand its proper performance. The document outlines the elements of fraud and misrepresentation, available remedies, and exceptions regarding negligence or failure to discover the truth.
This document discusses several legal principles relevant to determining whether Lady Mrembo is obligated to repay Lady Manyanga the 20,000 shillings she borrowed. It analyzes the contractual capacity of minors, invitation to treat doctrine, promissory estoppel, and whether statements are terms or representations in a contract. Specifically, it finds that as a 14-year-old minor, Lady Mrembo has no legal obligation to repay the debt due to her lack of contractual capacity as an infant. It also discusses potential claims by Lady Manyanga against the shopkeeper for breach of contract depending on whether an offer was accepted or if promissory estoppel applies.
This document defines the key elements of a legally binding contract under law. It explains that a contract requires an offer and acceptance, consideration, intention to create a legal relationship, consent, legal capacity to contract, and legality. It provides specific examples of how these elements apply in insurance contracts, such as the insured's consideration being the payment of premiums in exchange for the insurer's promise to pay if a covered loss occurs.
This document defines contracts and their essential elements. It discusses:
1) A valid contract requires an agreement between competent parties supported by lawful consideration and with a lawful objective.
2) An agreement becomes enforceable and legally binding when it satisfies conditions like offer/acceptance, lawful object, and writing where required.
3) A voidable contract allows one party the option to invalidate the agreement if their consent was obtained through misconduct. It remains enforceable otherwise.
The document discusses various topics related to business law in India including the definition of law and business, essential elements of a valid contract, discharge of contracts, remedies for breach of contract, quasi-contracts, contracts of indemnity and guarantee, bailment, agency, sale of goods, and negotiable instruments. It provides definitions and key aspects of each topic in brief paragraphs.
Legal Aspects of Business
A contract is an agreement that is legally enforceable. It requires an offer, acceptance, and consideration. For a contract to be valid there must be free consent between the parties without coercion, undue influence, misrepresentation, or mistake. Contracts can be discharged through performance, breach, impossibility of performance, or agreement between the parties such as novation or rescission. Remedies for breach of contract include damages, rescission, injunctions, and restitution.
The document discusses the capacity of parties to enter into contracts under Indian law. It defines who is competent to contract and notes that agreements with minors are void. A minor is deemed to have attained majority at age 18 except under certain circumstances like where a guardian has been appointed, in which case majority is 21. Agreements with minors are not valid and a minor cannot be estopped from pleading minority to avoid the agreement. However, if a minor fraudulently misrepresented their age, the court may award compensation to the other party. Upon reaching the age of majority, a minor can potentially ratify agreements made as a minor.
The document discusses the law of contracts in India. It begins by defining a contract as an agreement that is enforceable by law under the Indian Contract Act of 1872. It then discusses key elements of a valid contract including offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free and genuine consent, lawful object, certainty and possibility of performance, and legal formalities. It also covers classification of contracts according to validity, formation, and performance. Examples are provided to illustrate voidable contracts, void agreements, and other contract types.
This document discusses consideration and the essential elements required for a valid contract. It defines consideration as the price for which a promise is made. An example is provided of a sale agreement where the factory price is the consideration. Essential elements of consideration include it being real, moving at the desire of the promisor, and not being something the promisor is already bound to do. The document outlines different types of consideration like present, past, and future consideration. It also discusses capacity of parties, void agreements, and factors like coercion, undue influence, fraud, and misrepresentation that can invalidate an agreement due to lack of free consent.
The document discusses various types of agreements that are considered void as against public policy under Indian law. It outlines agreements that interfere with administration of justice, such as agreements stifling prosecution or involving maintenance and champerty. It also discusses agreements that interfere with personal freedom, parental rights, marital status, or the period of legal limitations. Traffic in public offices and agreements creating interests opposed to duty are also deemed void as against public policy.
Alan borrowed $5,000 from Bruce but went bankrupt before the repayment date. Under the influence of alcohol, Bruce agreed to accept less money from Alan. However, Bruce can still demand the full amount because he lacked capacity while intoxicated. Two cases establish that partial payment cannot discharge a full debt unless with additional consideration, like a gift. Bruce provided no new consideration by agreeing to accept less money while inebriated.
The document discusses various topics related to law and contracts. It begins by defining law and noting that law establishes a system of rules to govern behavior. It then discusses commercial law, which governs business transactions. It also examines the institutions that enforce law, such as the legislature, executive, and judiciary. The document goes on to explore where laws come from, including that statutes are made by legislatures and common law originates from customs and practices. It also outlines different legal systems like civil law, common law, and Sharia law. The majority of the document then focuses on defining and discussing the essential elements of contracts, including proposal/offer, acceptance, consideration, and consent. It examines the types of contracts and what
The Contract Act 1872 lays down the general principles of contract law in India. It establishes the requirements for a valid contract such as offer, acceptance, lawful consideration, capacity to contract, free consent, lawful object and intention to create legal relations. The Act also defines different types of contracts and addresses how contracts are formed, performed and discharged. It provides remedies for breach of contract such as damages, specific performance and injunctions. The Act aims to ensure parties to a contract are bound by certain core obligations while allowing flexibility in agreements.
The document discusses key concepts from the Indian Contract Act 1872 such as offer, acceptance, agreement, and contract. It explains that a contract requires an agreement plus legal enforceability. The essential elements of a valid contract are discussed as offer and acceptance, lawful object, lawful consideration, capacity of parties, and free consent. Remedies for breach of contract include damages, specific performance, and injunction. Previous years questions from various competitive exams covering concepts of contract law are also provided.
The document discusses the essential elements of a valid contract according to Indian contract law:
1. An agreement requires an offer and acceptance between two or more parties to constitute a valid contract.
2. Other essential elements are consideration, lawful object, capacity and free consent of the parties, and the agreement must not be expressly declared void.
3. A contract creates legal obligations between the contracting parties, giving rise to rights in personam rather than rights in rem against the whole world.
FellowBuddy.com is a platform which has been setup with a simple vision, keeping in mind the dynamic requirements of students.
Our Vision & Mission - Simplifying Students Life
Our Belief - “The great breakthrough in your life comes when you realize it, that you can learn anything you need to learn; to accomplish any goal that you have set for yourself. This means there are no limits on what you can be, have or do.”
Like Us - https://www.facebook.com/FellowBuddycom-446240585585480
The document summarizes key aspects of Indian contract law as outlined in the Indian Contract Act of 1872. It discusses the following in 3 sentences or less:
The Act lays down principles for formation, performance, and enforceability of contracts, as well as special contract types like indemnity, guarantee, bailment, and pledge. A contract requires an agreement between two parties that intends to create a legal obligation, with the agreement consisting of a proposal and acceptance. The document then outlines various essential elements and types of contracts, including valid, voidable, void, and illegal contracts, as well as express, implied, and quasi-contracts.
The document summarizes key aspects of contract law under the Indian Contract Act of 1872. It defines a contract as an agreement that is enforceable by law. The essential elements of a valid contract are offer and acceptance, lawful consideration, capacity of parties to contract, lawful object, and free consent. A contract can be discharged through performance, mutual consent, lapse of time, operation of law, impossibility of performance or breach. In case of breach, the aggrieved party may seek remedies like rescission, damages, specific performance, quantum meruit or injunction.
A contract is a legally binding agreement or relationship that exists between...chelliah selvavishnu
A contract is a legally binding agreement between two or more parties that is enforceable by law. For a contract to be valid, it requires elements such as offer and acceptance, lawful consideration, capacity and consent of the parties, a lawful objective, and certainty. All contracts are considered agreements, as they involve mutual understanding and consent between parties. However, not all agreements result in contracts, as they must also create binding legal obligations in order to be enforceable.
There are several types of contracts based on validity, formation, and performance:
Valid contracts comply with all legal requirements and are enforceable. Void agreements lack essential elements like capacity. Void contracts become impossible to perform. Voidable contracts can be repudiated by one party. Quasi-contracts are implied by law without agreement.
Contracts are also classified as express (written or oral), implied based on actions, or quasi-contracts created by law. Additional classifications include unilateral (one duty), bilateral (exchange of duties), executory (not fully performed), and executed (fully performed).
The Indian Contract Act of 1872 is the main source of contract law in India. It defines a contract as an agreement that is enforceable by law. The Act has two parts - the first deals with general contract principles and the second addresses special types of contracts. A valid contract requires an offer and acceptance, lawful consideration, capacity and consent of parties, a lawful object, and certainty of terms. The Act also defines key elements like proposal, acceptance, and consideration and classifies contracts as valid, void, voidable, unenforceable, and illegal.
1. A valid contract meets all the essential elements of a contract including agreement, consideration, contractual capacity, and lawful object.
2. A void contract has no legal effect and cannot be enforced as it fails to meet the essential elements or the terms are illegal.
3. A voidable contract can be declared void or upheld at the option of one of the parties, such as a contract made by a minor, and is otherwise valid until avoided.
The document discusses the law of contracts in India. It provides definitions of a contract from various legal experts and outlines the key elements that make a contract valid under Indian law. Specifically:
1) A contract requires an agreement between two or more parties that intends to create legal obligations. There must also be consideration and the agreement must be possible to perform.
2) The Indian Contract Act of 1872 governs contracts in India and defines a contract as an agreement that is enforceable by law.
3) For a contract to be valid, it needs elements such as lawful consideration, competent parties who consent freely, certainty of terms, and compliance with formalities if required by law.
This document discusses the differences between agreements and contracts. It notes that agreements are broader and include any promises between two parties, while contracts are a specific type of agreement that is legally enforceable. For an agreement to be considered a contract, it must meet additional requirements like lawful consideration, lawful object, and free consent. Several examples are provided to illustrate agreements that do not qualify as contracts due to issues like an impossible or illegal object. The document also outlines key elements needed for a valid contract like capacity and intention to create legal obligations.
This document discusses the key elements of a valid contract under Indian law. It defines a contract and outlines the essential elements, including offer and acceptance, consideration, capacity of parties, free consent, and lawful object. It also classifies different types of contracts such as valid/invalid, express/implied, executed/executory, unilateral/bilateral contracts. The document provides examples and explanations of concepts like offer, acceptance, consideration and rules regarding their validity. Overall, it serves as a comprehensive overview of the fundamentals of contract law in India.
The document discusses key aspects of contract law in India according to the Indian Contract Act of 1872. It defines a contract as an agreement that is enforceable by law. There are several essential elements for a valid contract including: offer and acceptance, lawful consideration, capacity to contract, free consent, lawful object, and intention to create legal obligations. Contracts can be classified in various ways such as valid/void/voidable, express/implied, executed/executory, unilateral/bilateral. Offers and acceptance must meet certain requirements to form a valid contract. Consideration means something in return and must be lawful.
Contract law lecture - 1 - definition and meaning(terminology)Dr. Arun Verma
The document discusses the definition and key concepts of contract law in India. It provides:
1) A definition of law and an overview of the Indian Contract Act, which establishes the general principles of contract law and special types of contracts.
2) Definitions and explanations of key contract terms like offer, acceptance, consideration, agreement, and void, voidable, and valid contracts.
3) An explanation that all contracts are agreements but not all agreements are contracts, as contracts must meet additional requirements of enforceability.
4) An overview of the essential elements a contract must have to be valid like offer, acceptance, lawful consideration, capacity of parties, free consent, lawful object, and certainty.
The document discusses the definition and essential elements of a valid contract. It defines a contract as an agreement enforceable by law involving an offer, acceptance, consideration, and lawful object. It outlines the key elements that must be present for an agreement to constitute a legally binding contract, including offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free consent, lawful object, certainty, possibility of performance, and avoidance of certain prohibited agreements. It also distinguishes between different types of contracts and agreements.
1. The document discusses the major principles of contract law from the Somali civil code, including the definition of a contract, formation of contracts, capacity to enter contracts, types of contracts, and sources of contractual obligations.
2. It states that a contract is a legally binding agreement that requires elements like offer, acceptance, consideration, and intention to be legally enforceable.
3. The document also explains the sources of contractual obligations in Somali law and who has the legal capacity to enter into contracts.
The document provides an overview of key concepts in Indian contract law under the Indian Contract Act of 1872. It discusses the essential elements of a valid contract including offer and acceptance, consideration, capacity of parties, free consent, lawful object and certainty. It also classifies contracts based on validity, formation, performance and execution. Additionally, it covers concepts such as mistake of fact and law, misrepresentation, coercion and undue influence. The objective of the Contract Act is to ensure rights and obligations from a contract are honored and legal remedies are available for aggrieved parties.
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Assignment 1
1. Contract and essential elements of a valid contract
Details about free consent
202026/10/2020
Contract law
Assignment-1
Nirav H Bhatt
School of law Rai University
Semester - 1
2. 1
Assignment – 1
Q1). What isa contract? What are the Essential elementsof validcontract?
Contract:-
The term Contract isdefinedinsection2(h) of the IndianContractAct 1872.
Contract: - AnagreementenforceablebyLaw isa contract.
Contract = An Agreement+Enforceability
Definitionshowsthatacontract must have the followingtwoelements:
o An Agreementand
o An Agreementmustbe enforceable bylaw.
If one partyfailsto performaspromisedthe otherpartycan use the court systemto
enforce the contract andrecoverdamagesor otherremedy.
Essential Elements of a Valid Contract:-
1). Offerand Acceptance: - Inorder to create a validcontract,there mustbe a 'lawful offer'
by one partyand 'lawful acceptance'of the same by the otherparty.
Proposal or Offer(sec2c): -
Whensomeone expresseshisorherwillingnesstoenterintoacontract oncertain
termsand intendstoforma bindingcontractif the otherparty acceptsit,such
expressionof willingnessiscalledanoffer orproposal.
The expressionof willingnesscanbe invariousformslike aletter,email,fax,oreven
conduct.However,itisimportantthatthe personcommunicatesthe termsonwhich
he is willingtoenterintoa contract.
Whetheror notthe personmakinganofferhasthe intentionof enteringintoa
contract is judgedobjectively.Itdoesn'tmatterwhetherthe personhasreal
intentions.It'senoughif,baseduponthe circumstancesof the case,itcan be
reasonablymade outthathe intendedtoformabindingcontract.
A party can eitherexpresslymake anoffer,oritcan evenbe impliedbyitsconduct.
An offercanbe made to a specificperson,agroupof persons,oreventhe worldat
large (forexample,announcementtoofferareward).
An offerisdifferentfromaninvitationtotreat,where apartymerelyinvitesoffers,
whichcan be acceptedor rejectedbyit.For example,anadvertisementisnotan
offer;it'sonlyan invitationtotreat.If itwere an offer,thenthe advertiserwould
have to supplythe productto everyone acceptingthe “offer”,irrespectiveof the
stock he holds.Similarly,anauctionisalsoan invitationtotreat,where eachbid
receivedbythe auctioneerisanoffer.
3. 2
Acceptance:-
If a personagreestoall the conditionsof an offermade tohimwithoutplacingany
counter-condition,the communicationof suchassenttothe offereriscalledan
acceptance,providedit'sdone withthe intentionof acceptingthe offer.
Sometimes,the conductof the offeree mayconstitute expressionof acceptance.In
such cases,itwouldbe no defence tosaythat the party didnotintendtoenterinto
a legallybindingagreement. Courtsoftenrefertothe correspondencebetweenthe
partieswhile decidingwhetheranacceptance hasoccurred.
It's importantthatthe offeree acceptsthe offerunconditionally.If he makesa
counteroffer,the original offerbecomesirrelevant.
For example,whenyoulistanitemoneBaywitha “buy now”price,withan option
to sell itforthe bestoffer,everybidplacedonyouritemconstitutesacounteroffer.
If you accept a counteroffer,thisbecomesthe basisof the contractof sale.
A contract doesnotbecome effective unlessthe offererreceivesacommunication
of acceptance fromthe offeree.The communicationmaybe instantorat a later
pointintime,sayfor instance,throughemail orpost.
Althoughsigningacontractis a commonway of acceptingan offer,there are various
otherwaysof acceptance.Forexample,if youofferacontractor topaint yourhome
for a certainsumof moneyandmake some advance paymenttohim, the receiving
of advance paymentitself amountstoanacceptance by the contractor.
2). Intentionto Create Legal Relationship:- In case,there isno such intentiononthe partof
parties,there isnocontract. Agreementsof social ordomesticnature donotcontemplate
legal relations.
o Example:A husbandpromisedtopayhiswife ahouse holdallowance of Rs
10000 permonths.Laterthe partiesseparatedandthe husbandfailedto
pay the amount.The wife suedforthe allowance.Heldagreementssuchas
these were outside the realmof contract.
3). Lawful Consideration(sec2d, 23 & 25):- Considerationhasbeendefinedinvariousways.
Considerationmeansanadvantage orbenefitmovingfromone partyto the other.It isthe
essence of abargain.In simple wordsconsiderationisknownasquidpro-quoorsomething
inreturn.[section2(d) 23 and25 ]
4). Capacity of parties (sec11 & 12):-The partiesto an agreementmustbe competentto
contract. If eitherof the partiesdoesnothave the capacity to contract, the contract isnot
valid.
Accordingthe followingpersonisincompetenttocontract.(sec.11 and 12)
(a) Minority,
(b) Personsof unsoundmind,lunacy,idiocy,drunkennessand
(c) Personsdisqualifiedbylaw towhichtheyare subject.
5). Free Consent(sec13&14):- 'Consent'meansthe partiesmusthave agreeduponthe
same thinginthe same sense.AccordingtoSection14,Consentissaidto be free whenitis
not causedby-
4. 3
Coercion,or
Undue influence,or
Fraud,or
Misrepresentation,or
Mistake.
An agreementshouldbe made bythe free consentof the parties.
6). Lawful Object(sec.23):- The objectof an agreementmustbe valid.Objecthasnothingto
do withconsideration.Itmeansthe purpose ordesignof the contract.
Example:Thus,whenone hiresahouse foruse as a gamblinghouse,the objectof the
contract is to runa gamblinghouse.
The Objectis said to be unlawful if: -
(a) it isforbiddenbylaw;
(b) it isof such nature that if permitteditwoulddefeatthe provisionof anylaw;
(c) it isfraudulent;
(d) it involvesaninjurytothe personor propertyof any other;
(e) the court regardsit as immoral oropposedtopublicpolicy.
7). Certaintyof Meaning(sec 29):- Accordingto Section29,"Agreementmustbe certainand
not vague or indefinite”.If itisvague andit isnot possible toascertainitsmeaningitcannot
be enforced.
8). PossibilityofPerformance:- If the act isimpossibleinitself,physicallyorlegally,if
cannot be enforcedatlaw.
Example:- Mr A agreeswithB to discovertreasure bymagic.
Such Agreementsisnotenforceable.
9). Not Declaredto be void or Illegal (sec24 to 30 ):-The agreementthoughsatisfyingall the
conditionsfora validcontractmustnot have beenexpresslydeclaredvoidbyanylaw in
force in the country.AgreementsmentionedinSection24to 30 of the Act have been
expresslydeclaredtobe voidforexampleagreementsinrestraintof trade,marriage,legal
proceedingsetc.
10). Legal Formalities(sec.10):- An oral Contract isa perfectlyvalidcontract,expectin
those caseswhere writing,registrationetc.isrequiredbysome statute.InIndiawritingis
requiredincasesof sale,mortgage,lease andgiftof immovableproperty,negotiable
instruments;memorandumandarticlesof associationof acompany,etc.Registrationis
requiredincasesof documentscomingwithinthe scope of section17of the Registration
Act.
5. 4
Q2). Explainfree consentindetail?
Free Consent(sec13&14):- 'Consent'meansthe partiesmusthave agreeduponthe same
thinginthe same sense.AccordingtoSection14,Consentissaidto be free whenitisnot
causedby-
Coercion,or
Undue influence,or
Fraud,or
Misrepresentation,or
Mistake.
An agreementshouldbe made by the free consentof the parties.
COERCION (Section 15)
Coercionmeanscompellingapersontoenterintoa contract undera pressure ora threat.
Accordingto sec-15,a contract issaidto be causedbycoercionwhenitis obtainedby-
o Committinganyact whichisforbiddenbythe Indianpenal code.
o Threateningtocommitanyact whichisforbiddenbythe Indianpenal code.
o Unlawful detainingof any property.
o Threateningtodetainanyproperty.
o Threat to sue onthe basisof falls.
o Threat to commitsuicide.
Example;Xbeatsy and compelshimtosell hiscar forRs 50000. Here y is
consenthasbeenobtainedbycoercionbecause beatingsomeone isan
offence underthe Indianpenal code.
UNDUE INFLUENCE (Section 16)
The termundue influence meansdominatingthe will of the otherpersontoobtainanunfair
advantage overthe other.Where the relationsbetweenthe partiesare suchthatone of themisin a
positiontodominate the will of the other.The dominantpartyusesthatpositiontoobtainanunfair
advantage overthe other.
Presumptionof dominationof will
o Where one party holdsa real authorityoverthe other.
o Example - Police officerandcriminal, - Income tax officerandassesses.
o Guardianand ward. -Trustee andbeneficiary.
Where a one party have a fiduciaryrelationshipwiththe otherparty.
o Example -fathersonrelationship, -doctorpatientrelationship. etc
Where one personor a party makesa contract withotherpersonor partywho isin mental
distress.
o Example - widow, -oldperson, -fatherof deathson. etc
6. 5
FRAUD (Section 17)
Fraud isfalse representationof factsmade will fullytodeceive anotherperson.Section17of the
IndianContractAct statesthat if any of the followingactsare committedbyanyparty to a
contract or withhisagent’sconnivance,willfullywithintenttodeceiveorinduce another
personor hisagentto enterthe contract it will resultintofraud.
1. It isa suggestionof afact whichisnot true by a personwhodoesnot believe thatitis
true.
2. It is an active concealmentof factsbya personwhohas knowledge orbelief of the facts.
3. It is a promise inwhichthere isnointentionof performance of the contract.
4. Any otheractionwhichhas the intentof deceivingthe otherperson.
5. Any act or omissionwhichisdeclaredfraudulentbylaw.
Essentials of Fraud
The above descriptionof definitionof fraudcanbe explainedthroughthe essentialsof fraud.
1. False Suggestions:Fraudmuststate factswhichare false andthe personmakingthe
Suggestionknowsthathe ismakinga false representationorfalse statementof facts.
The false suggestionismade intentionallytoinduce ordeceive the otherpartytoenter
intoa contract. This issupportedbythe followingcase law:
2. Active Concealmentof aFact: Active concealmentiswhenapersonhasthe knowledge
or belief of the factwhichhe knowsisnot true.Thisamountsto fraud.Passive
concealmentiswhenapersonmakesanincorrectstatementthinkingthatthe
statementiscorrect.
3. Making a Promise withoutIntentionof fulfillingit:If a personmakesapromise buthe
doesnotintendtokeepit.It isa clearcase of fraud because atthe outsetthe intention
was to make a false promise.
4. Anyotheract fittedto deceive:Anactusedtotrick or chit someone byunfairmeansis
consideredtobe fraud.Thisisan act whichisdone withthe intentionof committinga
fraud.
5. Anyotheract consideredbylaw tobe fraudulent:Accordingtothe law itis obligatory
that all material factsare disclosedwhilesellinganimmovableproperty.Otherwise it
amountsto fraud.
6. The Party that ismisledbyFraudshouldhave sufferedsomeloss:There cannotbe fraud
withoutanydamage.The lossmustbe intermsof moneyormoney’sworth,orlossof
some tangible assets.Fraudwithoutdamage doesnotgive rise toanydeceit.
7. Half Truths: Whena personspeaksa half truth,it meansdisclosingsome portionsof
relevantmaterial leavingthe otherportionundisclosed.Accordingtolaw a half truth is
worse thanfull falsehoodasitmisleadsthe otherperson.Therefore if apersonspeaks
he must give all the factsand not justhalf-truth.Otherwisesilence amountstofraud.
8. Change inSituation:Sometimeswhenastatementismade itisthe truth but
circumstancesbringa change insituationandwhenitisactuallyacted upon,itbecomes
false.Itbecomesthe dutyof the personto immediatelycommunicate the change in
situation.Thisissupportedbythe followingcase.
MISREPRESENTATION (Section 18)
MISREPRESENTATION:Misrepresentationisafalse ormisleadingstatementthata person
honestlybelievesittobe true.He makesthisstatementwithoutanyintentiontocheator
misleadanotherperson.The falsestatementisseriousbutnotasseriousasfraud.According
7. 6
to Section18 of the contract act misrepresentationthe meaningof themisrepresentationis
givenbelow:
o It isa positive assertionof informationbya personwhichisnottrue but the person
believesittobe true.
o It isa breachof dutywithoutanyintentiontodeceive.However,the persongainsan
advantage bymisleadinganotherperson.
The statementinnocentlycausesapartyto an agreementtomake a mistake tothe subjectof the
agreement.
Essentials of Misrepresentation
Misrepresentationasalreadystatedisafalse representationof factswhichthe personmakes
withoutknowingthatitisfalse.He makesthe statementsbelievingthemtobe true.The
followingessentialselementsrepresentmisrepresentation.
Material Facts: Misrepresentationmustbe of those factswhichare importantinthe
formationof a contract. Some expressionsorpassingstatementsthatare notrelevant
will notbe enoughforavoidingacontract.
Statementpriortoexecutingthe contract:The misrepresentationof factsmustbe
before the contractis executedbythe partiestothe contract.
Misrepresentationbyaparty to the contract: Misrepresentationof factshasto be made
by a party or hisagentto the contract. A statementmade bya strangerto the contract
doesnothave any effectonthe validityof the contract.
Objective of misrepresentation:The statementsmade bymisrepresentationof facts
shouldbe of the intentiontodeceive the otherpartyandto induce himto enterthe
contract.
Reactionof otherparty: Asa resultof the misrepresentationthe otherpartyinthe contract should
have actedon the faithof the facts represented.Effectof MisrepresentationAccordingtoSection19
of the IndianContractAct if on the misrepresentationof statementsapersontothe contract has
beenaffected;he canavoidthe contract because itbecomesavoidable contractat hisoption.The
personwhose consenthasbeentakenbymisrepresentationhasthe rightto rescindtothe contract.
He has a rightto ask for completionof the performance of the contract and He can alsoask for being
giventhe positionwhichhe wouldhave if the representationof factswastrue at the time of asking
for performance of the contract.
MISTAKE (Section 20)
Mistake can be definedasan incorrectstatementwhichcreatesmisunderstandingbetweenthe
parties.Suchmistakestake place whenthe partiestothe contractare not aware of the termsof the
contract in agreementwitheachother.Anagreementbetweentwoparties accordingtothe Indian
Contract Act isvalidonlywhenboththe partiesagree uponthe same thingandin the same sense.
Accordingto section20 the agreementbecomesvoidwhenthere isamistake inagreement.In
normal circumstanceslawdoesnotgive the rightto anyone toavoida contract because he was
mistakenaboutsome factinthe contract.However,some mistakesare fundamental tothe contract
insuch a mannerthat the verybasisof the formationof the contract becomesfaultyandthere isno
contract at all.In such casesthe agreementisconsideredtobe voiddue toconsensusadidem.
8. 7
Typesof Mistake can be of two types.
These are mistake of facts andmistake of law.
(1)Mistake of fact can be bilateral orunilateral and
(2) Mistake of lawcan be mistake of law inIndiaand mistake asto foreignlaw.
Mistake of Fact: Mistake of fact can occur whenboththe partiestothe agreementare under
a mistake or onlyone of the partiesisundera mistake tothe essentialelementsof the
contract. Whenbothpartiesare undera mistake itiscalled bilateral mistake and whenonly
one party to the contract is undera mistake itiscalleda unilateral mistake.
Bilateral Mistake:A bilateral mistake ismade inthe followingcases:
(i) Mistake of existence of subjectmatter:The agreementisvoidif itisagreedupona
subjectmatterwhichdoesnotexistandthe partiestothe agreementdonothave any
knowledge aboutit.Thisisbilateralmistake because bothpartiesdidnotknow this
material factat the time of makingan agreement.
(ii) Mistake of identityof subjectmatter:The agreementisvoidif twopartiestothe
contract have confusionaboutthe identityof the subjectmatter.The agreementisvoid
due to wantof consensus.
(iii) Mistake regardingquality/descriptionof subjectmatter:Whentwopartiesmake an
agreementtheyshouldunderstandthatthe qualityof the product.If bothpartiesmake
a mutual mistake aboutthe descriptionof the product,itisbilateral mistakeandthe
agreementisvoid.
Mistake regardingtitle of the product:Anagreementof sale isvoidif there isa mistake of mistake
overthe entitlementof goods.
1) Mistake regardingsubstance of subjectmatter:If bothpartiestoan agreement
make a mutual mistake of factswhichis the essential partof the subjectmatterthe
agreementisvoid.
2) Mistake regardingquantityof subjectmatter:If twopartiesare mistakenaboutthe
quantityof subjectmatterto be supplied,thenthe agreementisvoid.Quantityisan
essential factof anagreement;if it isnot correct the agreementtobuy/ sell cannot
be held.
3) Mistake regardingprice of the subjectmatter:Price isan essential feature inthe sale
of a product.If there is a genuine mistakeregardingprice the agreementisvoid.
4) Mistake aboutpossibilityof performance:If there isabilateral mistake regardingthe
possibilityof performance the agreementisvoid.Impossibilityof performance can
be due to physical reasonor legal impossibility.
Effectof Bilateral Mistake:Whenthere isa bilateral mistake inunderstandingthe essentialfactsof
the agreement,the contractbecomesvoidabinitio.Thisagreementisvoidfromthe beginning,does
not have anylegal significance.Itcannotbe enforcedatthe optionof any of the partiestothe
contract."
Unilateral Mistake:Accordingtosection22, unilateral mistake occurswhenone partytothe
agreementmakesamistake.The contractis notvoidable because one of the partiestoitisundera
mistake.However,there are certainexceptionstothe rule.These are due to the followingreasons:
Mistake of identityof a party:A veryfundamental mistake occursif anagreementismade
witha wrongperson.Whena party desirestodeal withacertainpersonand he doesnot do
so due to false representationof anotherpersonitisanerror inconsensus.
9. 8
Mistake aboutnature of transaction:If a personmakesa transactionwithoutunderstanding
nature of the transaction,itcannot be executed.Thismistake ispossiblewhenaperson
doesnotdisclose tothe otherthe true nature of the document.