Indian Contract Act 1872 Flashcards
(12 cards)
Offer/Proposal
Sec 2 (a), When a person signifies his willingness to another to do or abstrain from doing something to obtaining the assent of the other to such act or abstinence he is said to made a proposal
Promise
Sec 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.
Agreement
Sec 2(e), Every promise and every set of promises forming consideration for each other is an agreement
Contract
Sec 2(h), An agreement with enforceability is a contract
Parties
Sec 2(c), Promisor- Maker of proposal
Promisee- Accepter of proposal
Consideration
Sec 2(d), When at the desire of the promisor, Promisee or any other person has done or abstraned from doing, does or abstains from doing, promises to do or abstain from doing something, such act or abstinence is consideration to a promise
Essential elements of a valid Contract
2 parties
Proper offer and proper acceptance with ITCLR
Lawful consideration and lawful object
Capacity to contract
Free consent
Certainty of Meaning
Possibility of performance
Agreement not declared void/ illegal
Necessary legal formalities
Classification of Contract
Validity
> Valid contact
> Void Contract
> Void Agreement
> Voidable Contract
> Illegal Agreement
>Unenforceable Contract
Formation
>express (by words)
>implied (without words)
Tacit - Conduct
Quasi- Operated by law
Performance
> Executed (done)
> Executory (to do)
Essentials of a valid Offer