Contract of law
By
Dr. Mukesh Agarwal
,
Contract= Agreement+Enforcebility of the
Agreement
•An agreement
enforceable by
law is a contract.
Essentials of valid contract
• Plurality of parties
• Agreement
• Contractual capacity
• Free consent
• Consideration
• Certainty of meaning
• Lawful object
• Compleance of a legal formalities
Classification of contracts
Valid Agreement
Void contract
Voidable contract
Express contract
Implied contract
Quasi contract
Unilateral contract
Bilateral cntract
Proposal or Offer
• A prosal or offer is an
expression of willingness by
one person to another to enter
into an agreement on the
terms stated by him with an
intention to obtain the assent
of the other.
Types of offer
• On the Basis of Mode of making an offer
• Express offer
• Implied Offer
• On the basis of offerees
• Epecific Offer
• General Offer
• On the basis of nature of offer
• Cross offer
• Counter offer
• Standing offer
Capacity to contract
MINOR
UNSOUND PERSON
PERSON DISQUALIFIED FROM CONTRACTION BY ANY OTHER
LAW
Free consent
corecion
Undue
influnce
fraud
Misrepreesentation
mistake
consideration
• When at the desire of the promisor , the
promisee or any other person has done or
abstained from doing or does or abstains from
doing or promises to do or abstain from doing,
something, such act or abstinence or promise
is called a consideration for the promise.
Essentials to the consideration
• At the desire of the promisor
• It may be given by the promisee or any other
person
• It may be past, present or future
• It must not be unlawful
• It must be certain
• It shuld not be impossible
unlawful Legality of object
• if it is forbidden by law
• If permitted it would defeat the provisions of
any law
• if it is fraudulent
• If it involves or implies injuruy to the person
or property of another
• If the court regards it as immoral idf taahe
court regards it as opposed to public policy
Contigent contract
• A contigent contract is a contract in which the
promisor undertake to perform the contract
upon the happening or non happening of a
specified future uncertain event which is
collateral to the contract.
discharge of contract
•A contract is discharged
when parties to a contract
no longer have any
obligation under the
contract
Modes of discharge of contract
• By performance
• By agreement or consent
• By lapse of time
• By opertion of law
• By impossibility of performance
• By breach of contract
•
Remedies for Breach of Contract
• Suit for rescission of the
contract
• Suit for damages
• Suit for quantum meruit
• Suit for specific performance
• Suit for injunction
Quasi – contract
• A quasi contract is not a real contract
but a contract implied in law . It is an
obligation ,not created by any
promise or agreement , but imposed
by law on the ground of principle of
equity. A the principle states that no
one should have unjust benefit at the
cost of the other
Presented by …………….
Dr. Mukesh agarwal
Ph.D,LLM,MBA,MA ,MJ.
Author –
1-Hindu law
2-Muslim law
3- Legal and constitutional History of India
4- Consumer protection Act.
5- Mangement information system
6- Leader ship skill and mangement system
7-Drafting , Pleading and comveycing

BUSINESS LAW

  • 1.
    Contract of law By Dr.Mukesh Agarwal
  • 2.
  • 3.
    Contract= Agreement+Enforcebility ofthe Agreement •An agreement enforceable by law is a contract.
  • 4.
    Essentials of validcontract • Plurality of parties • Agreement • Contractual capacity • Free consent • Consideration • Certainty of meaning • Lawful object • Compleance of a legal formalities
  • 5.
    Classification of contracts ValidAgreement Void contract Voidable contract Express contract Implied contract Quasi contract Unilateral contract Bilateral cntract
  • 6.
    Proposal or Offer •A prosal or offer is an expression of willingness by one person to another to enter into an agreement on the terms stated by him with an intention to obtain the assent of the other.
  • 7.
    Types of offer •On the Basis of Mode of making an offer • Express offer • Implied Offer • On the basis of offerees • Epecific Offer • General Offer • On the basis of nature of offer • Cross offer • Counter offer • Standing offer
  • 8.
    Capacity to contract MINOR UNSOUNDPERSON PERSON DISQUALIFIED FROM CONTRACTION BY ANY OTHER LAW
  • 9.
  • 10.
    consideration • When atthe desire of the promisor , the promisee or any other person has done or abstained from doing or does or abstains from doing or promises to do or abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.
  • 11.
    Essentials to theconsideration • At the desire of the promisor • It may be given by the promisee or any other person • It may be past, present or future • It must not be unlawful • It must be certain • It shuld not be impossible
  • 12.
    unlawful Legality ofobject • if it is forbidden by law • If permitted it would defeat the provisions of any law • if it is fraudulent • If it involves or implies injuruy to the person or property of another • If the court regards it as immoral idf taahe court regards it as opposed to public policy
  • 13.
    Contigent contract • Acontigent contract is a contract in which the promisor undertake to perform the contract upon the happening or non happening of a specified future uncertain event which is collateral to the contract.
  • 14.
    discharge of contract •Acontract is discharged when parties to a contract no longer have any obligation under the contract
  • 15.
    Modes of dischargeof contract • By performance • By agreement or consent • By lapse of time • By opertion of law • By impossibility of performance • By breach of contract •
  • 16.
    Remedies for Breachof Contract • Suit for rescission of the contract • Suit for damages • Suit for quantum meruit • Suit for specific performance • Suit for injunction
  • 17.
    Quasi – contract •A quasi contract is not a real contract but a contract implied in law . It is an obligation ,not created by any promise or agreement , but imposed by law on the ground of principle of equity. A the principle states that no one should have unjust benefit at the cost of the other
  • 18.
    Presented by ……………. Dr.Mukesh agarwal Ph.D,LLM,MBA,MA ,MJ. Author – 1-Hindu law 2-Muslim law 3- Legal and constitutional History of India 4- Consumer protection Act. 5- Mangement information system 6- Leader ship skill and mangement system 7-Drafting , Pleading and comveycing

Editor's Notes

  • #3 Dr MUKESH AGARWAL… Ph.D,MBA,MA.LLM,MJ