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CONTRACT

A bindingagreementbetween two or morepartiesfor performing, or refraining from performing,


some specifiedact(s) inexchangeforlawfulconsideration.

2. Theunit of tradefor afinancialorcommodityfuture.

agreement
Meeting of minds (or an evidence of mutual accord or understanding) between two or more
legally competent parties, about their relative duties and rights regardingcurrent or future
performance. Although a binding contractcan (and often does) result from an agreement, an agreement
typically documents the give-and-take of anegotiated settlement and a contract specifies the minimum
acceptable standard of performance.

What agreements are contracts. All agreements are contracts if they are made by the free consent
of parties competent to contract, for a lawful consideration and with a lawful object, and are not
hereby expressly declared to be void.

Nothing herein contained shall affect any law in force in India, and not hereby expressly repealed,
by which any contract is required to be made in writing or in the presence of witnesses, or any
law relating to the registration of documents.

The first paragraph of this section is developed and applied by the more specific provisions of
several following sections, which will be considered as they occur.
Or
CONTRACT ACT 1872

INTRODUCTION
• The Law of Contract deals with the law relating to the general principles of contract. It is the
most important part of Mercantile Law. It affects every person in one way or the other, as all
of us enter into some kind of contract everyday.
• Since this law was not happily worded, two subsequent legislations namely Indian Sale of
Goods Act – Sections 76 to 123 of the Indian Contract Act 1872 were repealed; and
Partnership Act was also enacted and Sections 239 to 266 of the Contract Act were also
repealed.
What is `Contract`
• The term `Contract` is defined in Section 2(h) of the Indian Contract Act, which reads as
under
“An agreement enforceable by law is a contracts.”
• The analysis of this definition shows that a contract must have the following two elements:
1. An agreement, and
2. The agreement must be enforceable by law.
• In other words:
Contract = An Agreement + Enforceability (by law)
Agreement (Section 2(e)
Every promise and every set of promises forming the consideration for each other is an
agreement.
Promise (Section 2(b))
A proposal when accepted becomes a promise.
• Every agreement is not a contract. When an agreement creates some legal obligations and is
enforceable by law, it is regarded as a contract.

VALID CONTRACT
An agreement that is legally binding because it is in conformity with all legal
requirements and conditions.
A contract that complies with all the essentials of a contract and is binding and
enforceable on all parties to it.
ESSENTIAL OF A VALID CONTRACT
Essentials of a valid contract.

What is a contract?

A contract is an agreement that can be enforceable by law. An agreement is an offer and its
acceptance. An agreement which can be enforceable by law must have some essential elements.
According to Section 10 "All agreements are contracts if they are made by the free consent of the
parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby
expressly declared to be void" As per the above section, a contract must have the following elements.

1. Intention to create legal relationship.

2. Lawful object

3. Agreement not expressly declared void

4. Proper offer and it s acceptance

5. Free Consent

6. Capacity of parties to contract

7. Certainty of meaning.

8. Possibility of performance.

9. Lawful consideration

10. Legal formalities

Intention to create legal relationship: The parties entering into a contract must have an intention to
create a legal relationship. If there is no intention to create a legal relationship, that agreement cannot
be treated as a valid contract. Generally there is no intention to create a legal relationship in social and
domestic agreements. Invitation for lunch does not create a legal relationship. Certain agreements and
obligation between father and daughter, mother and son and husband and wife does not create a legal
relationship. An agreement wherein it is clearly mentioned that "This agreement is not intended to
create formal or legal agreement and shall not be subject to legal jurisdiction in the law of courts."
cannot be treated as a contract and not valid.

Lawful Object: The objective of the agreement must be lawful. Any act prohibited by law will not be
valid and such agreements cannot be treated as a valid contract. A rents out his house for the business
of prostitution or for making bomb, the acts performing there are unlawful. Hence such agreement
cannot be treated as a valid contract. Therefore the consideration as well as the object of the
agreement should be lawful.
Agreement not expressly declared void: Section 24 to 30 specify certain types of agreement which
have been expressly declared void. For example Restraint of marriage which has been expressly
declared void under Section 26. If John promises to pay $50 to Mary if she does not marry throughout
her life and Mary promise not to marry at all. But this agreement cannot be treated as a valid contract
owing to the fact that, under section 26 restraint of marriage expressly declared void. Some of the
agreement which have been expressly declared void are agreement in restraint of legal proceedings,
agreement in restraint of trade, agreement in restraint of marriage and agreement by way of wager.

Proper offer and it s acceptance: To create a valid contract, there must be two or more parties. One
who makes the offer and the other who accepts the offer. One person cannot make an offer and accept
it. There must be at least two persons. Also the offer must be clear and properly communicated to the
other party. Similarly acceptance must be communicated to the other party and the proper and
unconditional acceptance must be communicated to the offerer. Proper offer and proper acceptance
should be there to treat the agreement as a contract which is enforceable by law.

Free Consent: According to section 14, consent is said to be free when it is not caused by (i)
coercion, (ii) undue influence (iii) fraud, (iv) misrepresentation, or (v) mistake. If the contract made by
any of the above four reason, at the option of the aggrieved party it could be treated as a void contract.
If the agreement induced by mutual mistake the agreement would stand void or canceled. An
agreement can be treated as a valid contract when the consent of the parties are free and not under any
undue influence, fear or pressure etc. The consent of the parties must be genuine and free consent.
Capacity of parties to contract: Parties entering into an agreement must be competent and capable of
entering into a contract. If "A" agrees to sell a Government property to B and B agrees to buy that
property, it could not treated as a valid agreement as A is not authorized or owner of the property. If
any of the party is not competent or capable of entering into the agreement, that agreement cannot be
treated as a valid contract. According to Section 11 of the Act which says that every person is
competent to contract who is of the age of majority according to the law to which he is subject and
who is of sound mind, and is not disqualified from contracting by any law to which he is subject. So it
is clear that the party must be of sound mind and of age to enter into a valid agreement which can be
treated as a valid contract.

Certainty of meaning: Wording of the agreement must be clear and not uncertain or vague. Suppose
John agrees to sell 500 tones of oil to Mathew. But, what kind of oil is not mentioned clearly. So on
the ground of uncertainty, this agreement stands void. If the meaning of the agreement can be made
certain by the circumstances, it could be treated as a valid contract. For example, if John and Mathew
are sole trader of coconut oil, the meaning of the agreement can be made certain by the circumstance
and in that case, the agreement can be treated as a valid contract. According to Section 29 of the
Contract Act says that Agreements, the meaning of which is not certain or capable of being made
certain, are void.
Possibility of performance: As per section 56, if the act is impossible of performance, physically or
legally, the agreement cannot be enforced by law. There must be possibility of

performance of the agreement. Impossible agreements like one claims to run at a speed of
1000km/hour or Jump to a height of 100feet etc. would not create a valid agreement. All such acts
which are impossible of performance would not create a valid contract and cannot treated as a valid
contract. In essence, there must be possibility of performance must be there to create a valid contract.

Lawful consideration: An agreement must be supported by a consideration of something in return.


That is, the agreement must be supported by some type of service or goods in return of money or
goods. However, it is not necessary the price should be always in terms of money. It could be a
service or another goods. Suppose X agrees to buy books from Y for $50. Here the consideration of X
is books and the consideration of Y is $50. It can be a promise to act (doing something) or forbearance
(not doing something). The consideration may be present, future or can be past. But the consideration
must be real. For example If John agrees to sell his car of $ 50000 to Peter for $20000. This is a valid
contract if John agrees to sell his car not under any influence or force. It can be valid only if the
consideration of John is free. An agreement is valid only when the acts are legal. Illegal works like
killing another for money, or immoral works or illegal acts are cannot be treated as a valid agreement.
So, illegal works will not come under the contract act.

Legal formalities: The contract act does not insist that the agreement must be in writing, it could be
oral. But, in some cases the law strictly insist that the agreement must be in writing like agreement to
sell immovable property must be in writing and should be registered under the Transfer of Property
Act, 1882. These agreement are valid only when they fulfill the formalities like writing, registration,
signing by the both the parties are completed. If these legal formalities are not completed, it cannot be
treated as a valid contract.

Most important essentials of a valid contract are mentioned above. These elements should be present
in a contract to make it a valid contract. If any one of them is missing we cannot treat that agreement
as a valid contract
Classification of Contract
According to validity
Valid contract,
voidable contract,
void contract,
Illegal contract,
unenforceable contract
According to formation
Express contract,
Implied contract,
Quasi contract
According to performance
Executed contract,
Executory contract,
Unilateral and bilateral contracts