1872
Nature of Contract
The fabric of modern industrial society is woven
around economic relationships.
The relational integration and determination of mutual
rights and obligations are dependent, to a great extent,
on ex contractum terms.
Contracts arising out of economic and social
relationships.
Such relations are either contractual or akin to a
contract.
The market functions on the very premise of effective
functioning of contractual relationship.
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What is a contract
A written or spoken agreement intended to be
enforceable by law.
An agreement enforceable by law is a contract.
[Section 2(h) ]
A contract is an agreement made between two or
more parties, which the law will enforce.
Contract is a method through which individuals make
law for themselves by creating rights and obligation
ex contractas.
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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 expressly declared to be void.
Classification of Contracts
On basis of Formation
Express Contract
Implied contract Quasi Contract
On basis of Performance
Executed Contract
Executory Contract
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On basis of Validity
Voidable Contracts
Void agreement
Void Contract
Valid Contract
Illegal Agreements
Unenforceable contract (technical defects)
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Offer
Acceptance
Consensus ad idem
Legal enforceability
Lawful consideration
Capacity of parties
Free consent
Lawful object
Agreement not declared void
Certainty and possibility of performance
Legal formalities
Elements of Offer
Types of Offer
Express Offer by words written or spoken.
Implied Offer By conduct or circumstances.
Specific Offer- Made to a specified or definite
person.
General Offer- Made to public at large
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Tenders
A Definite Offer
When tenders are invited for the supply of specified
goods or services,
each tender submitted is an offer.
The party inviting tender may accept any tender he
chooses
thereby bringing about a contractual relationship with the
person (tender) so chosen.
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Tenders
A Standing Offer
Where goods or services are required continuously
over a certain period,
a trader may invite tenders as a standing offer which is a
continuing offer.
The effect is that as and when goods or services are required,
an order is placed with the person whose tender has been
accepted.
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Consideration
Consideration is some kind of an exchange between the
parties to an agreement.
Consideration is the price for which the promise of the
other is bought and the promise thus given for value is
enforceable. Pollock
A valuable consideration in the sense of the law may
consist either
in some right, interest, profit or benefit accruing to one
party, or
some forbearance, detriment, loss or responsibility
given, suffered or undertaken by the other.
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Definition
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 to abstain from doing something
such act or abstinence or promise is called a
consideration. [Section 2(d)]
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Capacity to contract
Every person is competent to contract who Is of the age of majority according to the law to which
he is subject.
Is of sound mind.
Is not disqualified from contracting by any law to
which he is subject. (Sec 11)
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Free Consent
Consent means an act of approval or assenting to an
offer.
Two or more persons are said to consent when they
agree upon the same thing in the same sense.
Consent involves ad idem i.e. identity of mind about
the subject matter of contract.
A mere consent is not enough, it should be free and
voluntary.
Not to be caused by any vitiating factors given u/s 14.
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Section 14
Consent is said to be free when it is not caused by
a) Coercion.
b) Undue influence.
c) Fraud.
d) Misrepresentation.
e) Mistake.
The contract is said to be voidable at the option of
the party whose consent was not free. [Sec. 19]
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Presumption of Domination
Master and Servant,
Parent and Child,
ITO and the Assessee,
Trustee and Beneficiary,
Spiritual Guru and Disciple,
Solicitor and Client,
Guardian and Ward,
Medical Attendant and Patient.
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Trade Combination
Trade combination formed to regulate the business or to fix
prices are not void,
but trade combinations to create monopoly or cartel, and
which are against the public interest are void.
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Performance of Contract
Performance of a contract is a mode of discharge of
the contract.
Performance of contract takes place when the parties
to the contract fulfill their respective obligations
under the contract.
The parties to a contract must either perform or offer
to perform their respective promises,
unless such performance is dispensed with or excused
under the provisions of this Act, or of any other law.
[Sec 37]
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Discharge of Contract
A contract is said to be discharged when it ceases to
operate.
The rights and obligations created by it comes to an end.
A contract may be discharged By Performance
Actual performance doing what the parties intended to
do when they entered in to the contract.
Attempted performance or tender It is the legitimate
attempt on the part of the promisor to perform his
obligations
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By operation of Law
By death.
By merger.
By insolvency.
By unauthorized alteration of terms of a written
contract.
By rights and liabilities becoming vested in the same
person.
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By Impossibility of Performance
Impossibility existing at the time of agreement
Known to the parties the agreement is void ab
initio.
Unknown to the parties the agreement is void on
the ground of mutual mistake.
Impossibility arising subsequent to the formation
of the contract.
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By Supervening Impossibility
Destruction of subject matter of contract
Non-existence or non-occurrence of a particular state
or things
Death or incapacity for personal services
Change of law or stepping in of a person with
statutory authority
Out break of war
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By breach of contract
Actual Breach
a) On the due date of performance.
b) During the course of performance of contract.
i) Express Repudiation.
ii) Implied Repudiation.
Anticipatory Breach
a) By express renunciation.
b) Making the performance of promise become
impossible by doing some act.
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Quantum Meruit
When an agreement is discovered to be void. [Sec 65]
When something is done without any intention to do
gratuitously. [Sec 70]
When there is an express or implied contract to render
service but no agreement as to remuneration.
When the completion of the contract has been
prevented by the act of the other party to the contract.
When a contract is divisible.
When an indivisible contract is completely performed
but badly.
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Quasi Contracts
Sometime a person may receive a benefit which
the law regards another person as better entitled,
or for which the law considers he should pay to
the other person, even though there is no contract
between the parties. Such relationships are called
quasi contracts.
Because although there is no contract or
agreement between the parties,
they are put on the same pedestal as though there
was a contract between them.
This is based on the principles of equity.
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Thanks
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