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The law of contract is that branch of law which determines the circumstances in which
promise made by the parties to a contract shall be legally binding on them. All of us enter
into a number of contracts everyday knowingly or unknowingly. Each contract creates
some right and duties upon the contracting parties. Indian contract deals with the
enforcement of these rights and duties upon the parties. Indian Contract Act, 1872 came
into effect from 1st September, 1872. It extends to the whole of India except the state of
Jammu and Kashmir.
“All contracts are agreements but all agreements are not contracts”
PROMISE [SECTION 2(b)]: “When the person to whom the proposal is made signifies his
assent thereto, the proposal is said to be accepted. A proposal when accepted becomes a
promise.”
PROPOSAL/OFFER [SECTION 2(a)]: A person is said to make a proposal when “he signifies
to another his willingness to do or to abstain from doing anything with a view to obtaining
assent of that other to such act or abstinence”
CONSIDERATION [SECTION 2(d)]: “When, at the desire of the promisor, the promise 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 cat or abstinence is called
consideration”. In other words, consideration is something in return.
According to Section 10, “All agreements are contracts if they are made by 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”. The essential elements of a
valid contract are:
�Agreement: To constitute a contract there must be an agreement. There must be two
parties to an agreement, i.e. one party making an offer (offeror) and the other party
accepting the offer (offeree). The terms of the offer must be definite and acceptance
must be absolute and unconditional. The acceptance must be according to the mode
prescribed and must be communicated to the offeror.
� Free consent: To constitute a valid contract there must be free and genuine consent
of the parties to the contract. It should not be obtained by misrepresentation, fraud,
coercion, undue influence or mistake.
� Lawful object: The object of the agreement must not be illegal or unlawful.
Section 23: According to Section 23, the consideration or object of an agreement is
lawful, unless-
• It is forbidden by law; or
• Is of such nature that, if permitted it would defeat the provisions of any law or is
fraudulent; or
• Involves or implies, injury to the person or property of another; or
• The court regards it as immoral, or opposed to public policy.
� Agreement not declared void or illegal: Agreements which have been expressly
declared void or illegal by law are not enforceable at law; hence does not constitute a
valid contract.
TYPES OF CONTRACTS:
CLASSIFICATION OF CONTRACTS
On the basis of On the basis of On the basis of
Validity Formation Performance
1. Valid contract 1. Express contract 1. Executed contract
2. Void contract 2. Implied contract 2. Executory contract
3. Voidable contract 3. Quasi Contracts 3. Unilateral contract
4. Void agreement 4. Bilateral contract
• Valid contract: An agreement which has all the essential elements of a contract is
called a valid contract. A valid contract can be enforced by law.
“All illegal agreements are void agreements but all void agreements are not
illegal.”