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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
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
• 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
Types of Contracts
CLASSIFICATION OF CONTRACTS
ENFORCEABILITY
• Valid Contract
• Void Contract
• Void Agreement
• Voidable Contract
• Illegal Agreement
• Agreement
discovered to be void
•Unenforceable
Contract
FORMATION
• Express
• Implied / Tactic
• Quasi/
Constructive
• E.com
PERFORMANCE
• Executed
Contract
• Executory
Contract
OBLIGATION
• Unilateral
• Bilateral
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.
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.
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
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.
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
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.
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.
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
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.
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.
B law

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B law

  • 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
  • 5. CLASSIFICATION OF CONTRACTS ENFORCEABILITY • Valid Contract • Void Contract • Void Agreement • Voidable Contract • Illegal Agreement • Agreement discovered to be void •Unenforceable Contract FORMATION • Express • Implied / Tactic • Quasi/ Constructive • E.com PERFORMANCE • Executed Contract • Executory Contract OBLIGATION • Unilateral • Bilateral
  • 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.