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Consult Top Contracts and Agreement Expert Lawyer in India

Adv. Pushkar Tamboli

Lawyer
Exp
Ahmednagar , Maharashtra

Specialization

  • Contracts and Agreements
  • Cyber, Internet, Information Technology
  • Cheque Bounce
  • Civil
  • Divorce
Passionate Practicing Lawyer View Full Profile
Total Answers Given : 2
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PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • Contracts and Agreements
  • Arbitration and Mediation
  • Bankruptcy and Debt
  • Commercial
  • Documentation
16 years of Experience in fields of International & Domestic Arbitrations, Corporate & Commercial Litigation, Acquisition, Merger/Demerger, Regular Litigation in Property, Real Estate, Trade Mark, Copy Right, Recovery, Civil disputes, Contracts, Writ, LPA, SLP, FDI, ODI, NCLT (IBC, Insolvency)etc. View Full Profile
Total Answers Given : 2
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Shabnam Vandeliwala

Advocate
Exp
Surat , Gujarat

Specialization

  • Cheque Bounce
  • Real Estate
  • Arbitration And Mediation
  • Contracts And Agreements
I'm a litigating advocate in surat with a standing experience of 2 years. My area of expertise lies in cheque bouncing matters. I also litigate in Civil and Property disputes. I have a good hang of arbitration matters too View Full Profile
Total Answers Given : 2
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Adv.Atul Bachchhav

Advocate Lawyer
Exp
Aurangabad , Maharashtra

Specialization

  • Civil
  • Power Of Attorney
  • Property
  • Documentation
  • Contracts And Agreements
Skills and Our Services 1) Civil Matters. 2) Property Verification & Legal documentation. 3) Cheque Bounce Matters. 4) Caveat Petition & Stay Petition. 5) I will handled litigation of Collector office, SDM, and Commissioner Office View Full Profile
Total Answers Given : 2
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DEVYANI NATH

Litigation Lawyer
Exp
South West Delhi , Delhi

Specialization

  • Contracts and Agreements
  • Property
  • Consumer Protection
  • Tax
  • Advertising
Total Answers Given : 1
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Advocate Mohit Dhingra

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Intellectual Property, Copyright, Patent, Trademar
  • Cheque Bounce
  • Consumer Protection
  • Landlord and Tenant
  • Contracts And Agreements
I deal in various legal fields such as Consumer Matters, Labour and Employment Matters, EPF & ESI Registration, Trademark Registration, Labour Registration, FSSAI License, Cheque Bouncing Matters, Legal Notices, ISO Registration, and Civil Disputes View Full Profile
Total Answers Given : 1
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Sunil Kumar Singh

Lawyer,Attorney,Solicitor
Exp
Kanpur , Uttar Pradesh

Specialization

  • Contracts and Agreements
  • Commercial
  • Consumer Protection
  • Advertising
  • Admiralty and Maritime
Keen prominent, View Full Profile

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Divorce
  • Arbitration And Mediation
  • Adoption
  • Bankruptcy And Debt
  • Contracts And Agreements
Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters as representing counsel. View Full Profile

Tushar Bhargava

Partner
Exp
Jaipur , Rajasthan

Specialization

  • Contracts and Agreements
  • Privacy
  • Intellectual Property, Copyright, Patent, Trademar
  • Outsourcing Agreement/Laws

Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Contracts and Agreements
  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Corporate and Incorporation
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile
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  • What is contract law?
  • What are the main features of contract law?
  • What is the definition of a valid contract?
  • What does it take for a contract to legally binding?
  • What are the elements of a valid contract?

What is contract law?


Contracts are basically agreements that have the power of legal enforceability and protection. As per Section 2(e) of the Indian Contract Act 1872 (hereinafter referred to as the ICA), agreements refer to ‘every promise and every set of promises, forming consideration for each other’. As per Section 2(h) of the ICA, a contract is “an agreement enforceable by law”.

The basic gist of what contract is the following:

Proposal + Acceptance = Promise

Promise + Consideration = Agreement

Agreement + Enforceability = Contract

Therefore, Contract = Promise + Consideration + Enforceability.

*ICA is applicable to whole of India barring the state of Jammu and Kashmir.

Essentials of a contract:


  • Offer –

    When one person signifies to another his willingness to do or to abstain 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. An offer is the penultimate act leading to an agreement. Once an offer is accepted, both parties are bound by the agreement. An offer must be clear, definite, and unambiguous.
  • Acceptance –

    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. Acceptance can happen through speech, writing, conduct/performance, etc. Acceptance must be unqualified, absolute, clear and definite.
  • Consideration-

    Consideration can be defined as the price of the promise made. Both parties must be giving and receiving consideration in order for the agreement to be supported by consideration. Consideration need not be adequate, it just needs to be valid in the eyes of law.
  • Capacity to Contract-

    Minors, people of unsound mind, and/or people who are disqualified from contracting by some law to which they are subjected to, are considered incompetent to contract. The Indian Contract Act does not explicitly state whether a contract with a minor is void or voidable. However, in the case of ‘Mohri Bibee v. Dharmodardas Ghose’ observed that contracts with a minor are void ab initio, and that no restitution of benefits can be claimed by the parties. However, a party entering into a contract with a minor can seek reimbursement for supplying ‘necessities’ to the minor.
  • Consent-

    For a contract to be legal, parties must have exercised their consent freely without unlawful manipulation. Consent is not considered to be free consent when there is presence of Coercion, Undue Influence, Fraud, Mistake, Misrepresentation(for eg. Active concealment of relevant facts). In absence of ‘consensus ad idem’ or meeting of minds, contract stands void.
  • Lawful motive and object-

    An agreement even if it satisfies all the above conditions would not be a contract if it is for an unlawful motive like selling prohibited narcotics or has an unlawful consideration like the promise of murdering someone in exchange of a particular amount of money.

Miscellaneous facts about Contract Laws:


  • Wagering contracts are illegal in India, however some states allow restrictive betting, for example casino is allowed on certain conditions in Goa and Sikkim. Horse racing also enjoys legality as there are several factors to it like the kind of training given, nutrition provided etc. which don’t make it a game of luck or chance. Case of ‘Dr. K.R. Lakshmanan v. State of Tamil Nadu’ observed that horse racing is a game of skill and cannot be deemed to be a game of pure chance, hence it is legal to bet on horse racing.
  • Balfour v. Balfour – An agreement cannot be enforced if the parties did not intend on creating a binding agreement.
  • Carlill v. Carbolic Smoke Ball Co. – Any person can accept a general offer that was made to the public at large, and the execution of the conditions for the offer will be considered as acceptance.
  • Mohori Bibee v. Dharmodas Ghose – Contract with a minor is void ab intio (void from the beginning)
  • Kedar Nath v. Gorie Mohammad – An agreement in absence of consideration can be binding provided the promise took certain steps in furtherance of the object on the basis of the promise made by the promisor. (Rule of Promissory Estoppel)

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