Essentials of a Valid ContractContract:
A contract is a lawful arrangement entered into by two or more individuals,
through which certain rights are gained by one or more parties in exchange for
actions or abstentions performed by the other party. It should be noted that
only those agreements or promises that can be enforced by law are considered as
contracts. Therefore, it is important to understand that a social obligation or
invitation does not hold the weight of a contract. The fundamental components of
a contract consist of the agreement itself and its ability to be upheld legally.
In essence, a contract can be defined as the combination of an agreement and its
Let's imagine a basic scenario where two people, Alice and Bob, enter into a
contract. In this contract, Alice agrees to sell her bicycle to Bob for $100.
This agreement encompasses all the essential elements of a contract - there is a
clear offer from Alice to sell the bicycle, which Bob accepts. Additionally,
there is consideration involved, as Bob agrees to pay $100 in exchange for the
bicycle. It is also important to note that both parties have the intention to
create a legal relationship.
As per the terms of this agreement, both Alice and
Bob are obligated to fulfil their respective duties. If one party fails to meet
their obligations, the other party may seek legal remedies. This uncomplicated
transaction exemplifies the fundamental components of a contract and establishes
a legally binding agreement between Alice and Bob.
Essential Elements of a Valid Contract:The essential elements of a valid contract as outlined in section 10 of the
Indian Contract Act, 1872 are as follows:
- Two Parties: To form a contract, it is imperative to have a minimum of two parties involved. One party presents a proposal while the other party accepts it. It is crucial that both parties are legally capable of entering into a contract.
- Offer and Acceptance: The process of offer and acceptance is an essential element in a contractual agreement. It entails one party confidently presenting a clear and unambiguous proposal to the other, who, in turn, wholeheartedly embraces and acknowledges the offer without any reservations or conditions.
- Free Consent: The crucial aspect of a contract is the presence of free and genuine consent from both parties involved. If consent is coerced, influenced unduly, or misrepresented in any way, it cannot be considered as free consent. It is essential that the parties are in agreement with each other, sharing the same mindset, understanding, and timing.
- Capacity of Parties: The capacity of parties involved in a contract holds great importance. According to section 12 of the Act, it is stated that every individual who is of the age of majority, in accordance with the Indian Majority Act of 1875, and possesses a sound mind, is considered competent to enter into a contract. However, it is crucial to note that minors are not allowed to engage in a contract. Additionally, it is essential for individuals not to be disqualified from entering into contracts by any applicable laws.
- Lawful Consideration: One important aspect to consider in a contract is the legality of the consideration involved. The consideration can take various forms, such as cash or goods, and it can be related to past or present actions. It can either involve performing a specific task or refraining from doing something. However, it is crucial that the consideration offered or asked for is within the boundaries of the law.
- Lawful Object: The object of the contract should be deemed lawful, without any hint of illegality, immorality, or opposition to public policy.
- Legal Relationship: The parties involved in the contract must possess the intent to establish a legal relationship between them. This intent should go beyond mere moral considerations and must encompass the realm of legality.
- Certainty: The contract must possess the quality of certainty and should not be characterized by vagueness. A contract that lacks clarity or is uncertain in its possibilities cannot be enforced.
- Capable of Performance: The terms of the contract must possess the ability to be carried out. If a contract entails an action that is deemed unfeasible, it cannot be enforced.
- Express or Implied: A contract can take on two forms: express or implied. An express contract is one that is made through spoken or written words, while an implied contract arises from the actions and behaviors of the parties involved.
When it comes to a written contract, it falls under the category of an express contract, where all terms and conditions are explicitly stated. On the other hand, when a person boards a metro train, there exists an implied contract between them and the metro rail authorities, which is based on their conduct and the expectations that come with using their services.
- Registration: The contract must be registered if any law of the land requires it to be registered.
- Stamp Duty: When any contract is required by law to be stamped, it must be properly and adequately stamped, thus incurring a fee known as Stamp Duty.
- Not against Public Policy: A contract ought not to be in opposition to the principles of public policy. If a contract aims to influence a judicial officer to act with bias, it is deemed null and void as it goes against the established norms of public policy.
- Should not be Illegal: An illegal contract, as its name suggests, is a contract that violates the law. There are certain actions that undeniably involve criminal behavior or have a negative impact on moral principles, which makes them illegal.
Essentially, any contract that involves such actions goes against legal and
ethical standards, making it not allowed according to the law. It is crucial to
maintain the honesty of contracts by ensuring that they adhere to legal and
moral standards in order to promote a fair and ethical business environment.
All Contracts are Agreements but all Agreements are not Contracts:
If an agreement satisfies all the criteria mentioned above, it transforms into a
contract; otherwise, it does not. This implies that every contract is an
agreement, but not all agreements can be considered contracts.
The difference between agreements and contracts can be found in their ability to
be enforced by the law. An agreement is a more general term that includes any
mutual understanding between parties, regardless of whether it can be legally
enforced. On the contrary, a contract is a specific kind of agreement that meets
certain legal requirements, like having an offer, acceptance, consideration, and
an intention to create legal relationships.
For example, if friends decide to meet for dinner, it would be considered a
non-legal agreement. But, if one friend decides to sell a car to another friend
at a mutually agreed price, and both friends have the intention of being legally
obligated by the agreement, it transforms into a contract. In this manner, all
contracts are agreements, but all agreements are not contracts according to the