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Consult Top Contracts and Agreement Expert Lawyer in India

Tanaji Londhe

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Criminal
  • Child Custody
  • Registration
  • Trust And Society (NGO)
  • Contracts And Agreements
We provided LEGAL services; 1) Consumer cases & RERA customer cases 2) Cheque bounce (Section 138) & Recovery Suit. 3) Criminal matter, Regular Bail Application & Anticipatory Bail. 4) Court marriage, divorce & Mutual Divorce (Family law) 5) Trust Formation and Registration with Section 12AA and 80G View Full Profile

Feroz Shaikh

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Contracts and Agreements
  • Criminal
  • Divorce
  • Documentation
  • Election Campaign And Political Laws
With 18 years of experience as an advocate practicing from criminal, appellate and original side. Practicing in Mumbai at Judicature of High Court at Bombay and Supreme Court of India. View Full Profile

Pooja Kulkarni

Legal Associate
Exp
Bangalore , Karnataka

Specialization

  • Contracts and Agreements
  • Corporate And Incorporation
  • Commercial
My experience ranges from drafting various corporate and commercial agreements and legal notices. My skill set also involves reviewing various forms of agreements to protect the interest of the client and providing legal opinion on various legal queries. I am also an active legal blogger. View Full Profile

Ashwini Kumar Singh

Advocate
Exp
South Delhi , Delhi

Specialization

  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Commercial
  • Documentation
  • Contracts And Agreements
A litigation lawyer based in Delhi, having almost 6 years of experience. View Full Profile

Indu Chauhan

Advocate
Exp
Rohtak , Haryana

Specialization

  • Contracts and Agreements
  • Bankruptcy and Debt
  • Cheque Bounce
  • Civil
  • Consumer Protection
Myself working as an Advocate in Rohtak District Court since 2009. My qualification is LLB, LLM & M.A. (English). I done my LLB from UILMS, Gurugram. UILMS, Gurugram is highly reputed institute in India. I am panelist advocate of SBI and NALSA View Full Profile

Sudip Chatterjee

Practicing Advocate
Exp
Kolkata , West Bengal

Specialization

  • Real Estate
  • Property
  • Child Custody
  • Cheque Bounce
  • Contracts And Agreements
I am an experienced and skilled advocate specialising in civil and property cases. I also look after criminal matters. I ensure that my client gets proper legal justice deserved by them. View Full Profile

Raj Vikram Singh

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Civil
  • Commercial
  • Banking
  • Bankruptcy And Debt
  • Contracts And Agreements
I have vast knowledge and experience in all kinds of legal matters and I have been pleading the case before Supreme court to civil court since 10 years. Perfection and hard work with honesty is my theme. View Full Profile

al rafeeq moideen

Legal Professional
Exp
Bangalore , Karnataka

Specialization

  • Contracts and Agreements
  • Child Custody
  • Commercial
  • Cyber, Internet, Information Technology
  • Documentation
I have experience in dealing with a wide variety of cases and I can provide trustworthy advises to my clients. I would keep my brief highly confidential and you can use my experise for resolution of your problems. View Full Profile

Santhana Krishnan

Advocate
Exp
Coimbatore , Tamil Nadu

Specialization

  • Civil
  • Adoption
  • Animal Laws
  • Arbitration And Mediation
  • Contracts And Agreements
Advocate Santhana Krishnan is a full-service law firm based in Coimbatore, with expertise in personal legal services including family, divorce, property, wills and estate, and personal injury law. Personal and business clients throughout Tamilnadu . View Full Profile

Radhika Goyal

LAWYER
Exp
Kolkata , West Bengal

Specialization

  • Intellectual Property, Copyright, Patent, Trademar
  • Bankruptcy And Debt
  • Documentation
  • Debt And Lending Agreement
  • Contracts And Agreements
I am a Masters in Law in Corporate and Commercial Law. Handling matters related to intellectual property rights and other corporate matters. 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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