This document provides an overview and classification of different types of contracts under Indian law. It defines what constitutes a valid contract and discusses different categories of contracts based on their enforceability, formation, performance obligations, and more. Key points include:
- Contracts are classified as valid, void, voidable, illegal, or unenforceable based on their legal enforceability. Void contracts cannot be enforced while voidable contracts can be enforced or rescinded by the aggrieved party.
- Contracts are also classified based on how they are formed (express, implied, quasi), whether obligations have been performed (executed or executory), and the obligations of parties (unilateral or bilateral).
- A valid
Types of contract - Legal Environment of Business - Business Law - Manu Melwi...manumelwin
Valid Contract – An agreement enforced by law is a valid contract. An agreement becomes a valid contract when it fulfills all the essentials of a contract as laid down in section 10.
Getting Down To The Details: Contract Basics for Non-LawyersCal Stein
This webinar will address the following topics: (i) the general structure of contracts, including how that changes among several common types of contracts; (ii) when contracts are needed and when they are not, and the advantages and disadvantages of having a contract; (iii) things you should look for in a contract, again, including how that changes among several types of common contracts; (iv) things that should set off alarm bells for you any time you see them in a contract you are considering entering into; and, (v) things that may invalidate a contract.
Contact the author at: cstein@dbslawfirm.com
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Types of contract - Legal Environment of Business - Business Law - Manu Melwi...manumelwin
Valid Contract – An agreement enforced by law is a valid contract. An agreement becomes a valid contract when it fulfills all the essentials of a contract as laid down in section 10.
Getting Down To The Details: Contract Basics for Non-LawyersCal Stein
This webinar will address the following topics: (i) the general structure of contracts, including how that changes among several common types of contracts; (ii) when contracts are needed and when they are not, and the advantages and disadvantages of having a contract; (iii) things you should look for in a contract, again, including how that changes among several types of common contracts; (iv) things that should set off alarm bells for you any time you see them in a contract you are considering entering into; and, (v) things that may invalidate a contract.
Contact the author at: cstein@dbslawfirm.com
Got Studies? Guide to new clinical research studies - trialjoin.comTrialJoin
Got Studies? Guide to new clinical research studies - TrialJoin.com
Contact info@trialjoin.com for more information about patient recruitment help, obtaining new studies or help with site management.
A partir de 1573 por orden real en todo el Imperio Español se obligaba a los pueblos a contar con una alhóndiga (almacén) para proveer de alimentos y granos a la población en caso de emergencia.
Juan Durán era dueño del terreno donde se edificaría en el siglo XIX el hoy Teatro de la República, pero en aquellos años de principios del siglo XVII lo vendió a Juan Caballero y Medina, un poderoso militar virreinal quien a su vez y años más tarde, lo heredó a sus hijos Juan y Nicolás Caballero y Ocio y a sus tres hijas, una casada y otras dos religiosas.
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Contract Laws: Indian Contract Act 1872: Definition of contract, essentials of a valid contract, classification of contracts, remedies of beach of contract
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
1. Critical analysis of the types
of Contracts
& illustrative examples
Submitted by:-
• Navpreet Singh (16)
• Deepesh Gavli (20)
• Aagam Talsania (56)
Submitted to:- Ashok Sehlat Sir
2. What is a Contract?
• It is a written or spoken agreement, especially one concerning
employment, sales, or tenancy, that is intended to be enforceable by
law
• A contract is a voluntary arrangement between two or more parties
that is enforceable at law as a binding legal agreement
• A contract arises when the parties agree that there is an agreement
3. • A contract is a legally binding or valid agreement between two parties.
The law will consider a contract to be valid if the agreement contains all
of the following elements:
offer and acceptance
an intention between the parties to create binding relations
consideration to be paid for the promise made
legal capacity of the parties to act
genuine consent of the parties
legality of the agreement
• An agreement that lacks one or more of the elements listed above is not a
valid contract
6. Enforceability
• Valid Contract: The Contracts which are enforceable in a court of law
are called Valid Contracts.
• For example: A ask B if he wants to buy his bike for Rs.10,000. B
agrees to buy bike. It is agreement which is enforceable by law.
Hence, it is contract.
• Void Contract: A Contract which is not enforceable in a court of law is
called Void Contract.
• For example: X agrees to sell his horse to Y for Rs. 5,000. but the
horse died in an accident. It become impossible to perform the
contract due to destruction of the subject. Thus, a valid contract
changes into void contract because of impossibility of performance.
7. Cont…
• Void Agreement: an agreement not enforceable by law is said to be
void.
• For example:- X supplies luxury goods to Y a minor for a consideration of
Rs. 10,000. Y refused to make payment. X cannot enforce the
agreement in the court of law since the agreement is void because Y is
minor.
• Voidable Contract: 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, is voidable contract. Such a contract come into existence where
of consent of one or more parties is not free.
• For example:- X promise to sell his scooter to Y for Rs. 500000. however,
the consent X has been procured by Y at a gun point. X is an aggrieved
party & the contract is voidable at his option.
8. Cont…
• Illegal Agreement:- an agreement which is prohibited by law or
against the policy of law is known as illegal agreement
• For example:- X agrees to kill Y if Z pays him Rs.10,000. it is an
unlawful as well as void agreement
• Agreement discovered to be void:- an agreement whose void nature
becomes known to parties only subsequent to its formation
• For example:- X agrees to sell his car to Y, both not knowing that the
car has been badly damaged in accident the previous night
9. Cont…
• Unenforceable Contract:- A contract which is valid in all respects but
because of non – fulfilment of some technical formality, it cannot be
treated as enforceable
• For Example:- A and B have drafted their agreement on Rs. 10/-
stamp where it is to be written actually on Rs. 100/- stamp. It is
unenforceable contract.
10. Formation
• Express Contract:- the contract is said to be an express contract when
terms of contract have been agreed upon between the parties
expressly i.e. oral or written, at the time of formation
• For Example:- X says to Y, will you buy a car for Rs. 100000? Y says to
X, I am ready to buy you car for Rs. 100000. It is an express contract
made
11. Cont….
• Implied Contract:- an implied contract is one which come into
existence by the acts, the conduct of the parties.
• For example:- Order placed for a cup of coffee in a restaurant.
• Quasi Contract:- in quasi contract, there is no intention of the parties
to form a contract but created by law.
• For example:- X, a trader, leaves certain goods at house of Y by
mistake. This imposes an obligation on “Y” either to return the goods
to X or to make the payment if he treats the goods as his own.
• E.com Contract:- contract created on the internet.
• For example:- any business deal done on internet.
12. Performance
• Executed Contract:- a contract is said to be executed contract where
both the parties or at least one party to a contract have performed
their respective obligations.
• For example:- all the transactions of cash sales are executed contract.
• Executory Contract:- an executory contract is one where both the
parties are yet to perform their respective obligations.
13. Obligations
• Bilateral Contract:- A bilateral contract is one in which both the parties
are required to perform their obligations at the time of formation of
contract.
• For example:- X promises Y to pay Rs.1200 for his cycle. Neither of them
has performed his obligation
• Unilateral Contract:- a contract is said to be unilateral where one party
has performed his obligation and the performance of obligation is
outstanding on the part of other party
• For example:- X buys a railway ticket for journey from Amritsar to Delhi.
X has performed his obligation under the contract by paying the fare.
But, the railways are yet to perform their duty i.e. carrying ‘X’ from
Amritsar to Delhi
14. Void vs Voidable Contracts
BASIS FOR COMPARISON VOID CONTRACT VOIDABLE CONTRACT
Meaning
The type of contract which cannot be
enforceable is known as void contract.
The contract in which one of the two
parties has the option to enforce or
rescind it, is known as voidable contract.
Defined in
Section 2 (j) of the Indian Contract Act,
1872.
Section 2 (i) of the Indian Contract Act,
1872.
Nature
The contract is valid, but subsequently
becomes invalid due to some reasons.
The contract is valid, until the party
whose consent is not free, does not
revokes it.
Reasons
Subsequent illegality or impossibility of
any act which is to be performed in the
future.
If the consent of the parties is not
independent.
Rights to party No Yes, but only to the aggrieved party.
Suit for damages
Not given by any party to another party
for the non-performance, but any
benefit received by any party must be
restored back.
Damages can be claimed by the
aggrieved party.
15. Void Agreement Vs Illegal Agreement
BASIS FOR COMPARISON VOID AGREEMENT ILLEGAL AGREEMENT
Meaning
An agreement, which lacks legal
enforceability is void
agreement.
An agreement whose creation
is forbidden by the court of law
is an illegal agreement.
Consequence
An agreement becomes void
when it loses its enforceability
by law.
An illegal agreement is void ab
initio i.e. void from the very
beginning.
Prohibition by IPC No Yes
Scope Wide Narrow
Penalty
Parties to void agreement are
not liable for any penalty under
law.
Parties to illegal agreement are
penalized.
Connected agreements
May not necessarily be void,
they may be valid also.
All connected agreements are
void.