Professional Documents
Culture Documents
The notion of contract is part of mens common stock even outside the field of legal science,
and to men of law, so familiar and necessary in its various applications, that we might expect a
settled and just apprehension of it to prevail everywhere. Nevertheless, we are yet far short of
this.
Indian contract Act is the Act which regulates the entire arena of business world which does its
business on the basis of contract. Contract Act contains 238 sections. Contract Act covers a
wide range of area like: Formation of contracts, contingent contracts, performance of
the contract, and consequences of breach of contract, sale of goods, indemnity and guarantee,
bailment, agency and so on. Under Section 1 of contract Act says that the Act is applicable to
the whole of India, except the state of Jammu and Kashmir.
In the following chapter, some of the important parts of the Contract Act were discussed.
PROMISSORY ESTOPPEL
Sometimes there may be no agreement and contract in strict sense of the term, but a person
making a promise may become bound because of the application of the equitable doctrine of
Estoppel.
CONTRACT
According to section 2(h) of the Indian Contract Act, 1872 An agreement enforceable by law
is a contract. All agreements are not enforceable by law and, therefore, all agreements are not
contracts. Some agreements may be enforceable by law and others not. For example, an
agreement to sell a radio set may be a Contract, but an agreement to see a movie may be a mere
agreement not enforceable by law. Thus all agreements are not contracts. Only those which
satisfy the essentials mention in Section 10 becomes contracts. However, all contracts are
agreements.
AGREEMENT
According to Section 2(e);Every promise and every set of promises forming the consideration
for each other is an agreement. In an agreement there is a promise from both sides, For
example ,A promises to deliver his watch to B and in return B promises to pay a sum of Rs.2000
to A, there is said to be an agreement between A and B.
Thus, when there is a proposal from one side and the acceptance of that proposal by the other
side, it result s in a promise .This promise from the two parties to one another is known as
an agreement.
From the point of view of the legality, there are different types of agreements.
1. CONTRACT
According to Section 2(h), Contract is an agreement which is enforceable by law. It has been
noted above that in order that an agreement becomes a contract , it has to satisfy all the
essentials of a valid contract as mentioned in Section 10.
CLASSIFICATION OF CONTRACTS
The contracts can be classified on the basis of formation and enforceability.
Express Contracts are those Contracts which are made by words spoken or written
implied contracts are those, which are inferred from the conduct of parties or of circumstances.
Classification on the basis of enforceability.
2. VOID AGREEMENTS
According to Section 2(g), an agreement not enforceable by law is said to be void. For instance,
an agreement by a minor has held to be void. Sections 24 to 30 make a specific mention
about agreements which are void. Those agreements include an agreement include
an agreement without consideration. An agreement in restraint of marriage and agreement in
restraint of trade.
3. VOIDABLE CONTRACTS
According to Section 2(I), an agreement which is enforceable by law at the option of one or
more of the parties there to, but not at the option of the other ,is a voidable contract .Thus,
a voidable contract is one which could be avoided by one of the parties to the contract at his
option. Even if one of the parties does not avoid the contract ,the contract still becomes void
.For instance, when the consent of a party to a contract has been obtained by coercion, under
influence ,fraud or misrepresentation, the contract is voidable at the option of the party whose
consent has been so obtained.
PROPOSAL OR OFFER
When one person signifies to another his willingness to do or obtain from doing anything , with
a view to obtaining the assent of that other to such act or abstinence, he is said to make a
proposal.
The term proposal used in the Indian Contract Act is synonymous with the term offer used in
English law. The willingness to do or abstain from doing something, i.e., the proposal or the
offer may be made with a view to obtaining the assent of the other party thereto.
ACCEEPTANCE : A proposal, when accepted, results in an agreement .It are only after
the acceptance of the proposal that a contract between the two parties can arise.
According to 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 , become a promise.
The Person making the proposal does not become bound thereby until acceptance. As soon as
his proposal is accepted that is known as promise whereby both the parties become bound.
ESSENTIALS OF VALID ACCPTANCE :In order that acceptance of an offer can result in
a contract, the acceptance must satisfy the following requirements.
1. Acceptance should be communicated by the offeree to the offeror.
2. Acceptance should be absolute and unqualified.
3. Acceptance should be made in some usual and reasonable manner, unless the proposal
prescribes the manner of acceptance.
4. Acceptance should be made while the offer is still subsisting.
CONSIDERATION
1. Contracts under seal, or contracts in the form of a deed, such contracts are valid even without
consideration.
2. Simple contracts, or patrol contracts. For the validity of such contracts the presence
of consideration is needed.
Consideration means something in return for the promise. It may be either some benefit
conferred on One party or some detriment suffered by the other.
REMEDIES FOR BREACH OF CONTRACT : Under sec 73 when a contract has been
broken, the party who suffers by such breach is entitled to receive, from the party who has
broken the contract, compensation for any loss or damage caused to him thereby, which
naturally arose in the usual course of things from such breach, or which the parties know, when
they made the contract, to be likely or result from the breach of it. Such compensation is not to
be given for any remote and indirect loss or damage sustained by reason of the breach.
Under sec 74, when a contract has been broken, if a sum is named in the contract as the amount
to be paid in case of such breach, or if the contract contains any other stipulation by way of
penalty, the party complaining of the breach is entitled ,whether or not actual damage or loss is
proved to have been caused thereby ,to receive from the party who has broken the contract
reasonable compensation not exceeding the amount so named, or as the case may be, the penalty
stipulated for.