2. HISTORY OF INDIAN CONTRACT
ACT - 1872
Enforced w.e.f. September 1, 1872.
Applicable to whole of INDIA except
J&K
Concerned with rights in PERSONAM
As distinguished from rights in REM
3. A CONTRACT is an agreement creating and defining
obligations between the parties
According to HALSBURY, it is, “an agreement between two
or more persons which is intended to be enforceable at law &
is constituted by the acceptance by one party of an offer
made to him by the other party to do or to abstain from doing
some act.”
4. COMPONENTS OF CONTRACT
An Agreement
It involves proposal or offer by one party and acceptance of the
same by the other party.
AGREEMENT = OFFER + ACCEPTANCE
Enforceable at
law
An agreement to become a contract must give rise to legal
obligations. It must create legal relations and not merely social
or domestic relations.
Leading Case: BALFOUR V. BALFOUR
CONTRACT = AGREEMENT+ENFORCEABILITY AT LAW
5. ELEMENTS OF A VALID CONTRACT
Offer and acceptance
Intention to create legal relationship
Lawful consideration –QUID PRO-QUO
Capacity of parties (Sec. 11)
Minor
Persons of unsound mind
Persons disqualified by law to which they are subject
Free consent (Sec. 13)
Coercion Undue Influence
Fraud Misrepresentation
Mistake
Lawful object
if forbidden by law
of such nature that if permitted it would defeat the provisions of
any law
6. Elements of a valid
contract
fraudulent
involves injury to person or property
Court regards it immoral or opposed to public policy
Certainity of meaning
Possibility of performance
Not declared to be void or illegal
Legal formalities