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Definition of Contract

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0% found this document useful (0 votes)
9 views

Definition of Contract

Uploaded by

aliraza6375020
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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.

Definition
of Contract
- **Definition:** A contract is a legally
binding agreement between two or more
parties, creating rights and obligations that can
be enforced by law.
2. Offer and Acceptance:**
- **Offer:** An expression of willingness to
enter into a contract under specific terms.
- **Acceptance:** Agreement to the terms of
the offer.
- **Example:** Alice offers to sell her bicycle
to Bob for $100. Bob agrees to buy it for that
price. Alice's offer and Bob's acceptance create
a contract.
3. Communication:**
- **Communication:** The parties must
express their intentions to each other.
- **Example:** Sarah emails an offer to
purchase a laptop. John replies by email,
accepting the offer.
4. Revocation:**
- **Revocation:** Withdrawal of an offer
before acceptance.
- **Example:** Mike offers to sell his car to
Jenny for $5,000. Before Jenny accepts, Mike
changes his mind and informs her that the offer
is no longer valid.
5. Terms of Contract:**
- **Terms of Contract:** Specific conditions
and provisions agreed upon by the parties.
- **Example:** In a contract for services, the
terms may include the scope of work, payment
terms, and duration of the agreement.
6. Voidable and Void Contracts:**
- **Voidable Contract:** A valid contract that
can be voided by one party due to certain legal
issues.
- **Void Contract:** A contract that is not
legally binding from the beginning.
- **Example:** If a contract is entered into
under duress, it may be voidable. A contract to
perform an illegal activity is void.
7. Essentials of a Valid Contract:**
- **Agreement:** Mutual consent between
parties.
- **Competency:** Legal capacity to enter
into a contract.
Free Consent:** Agreement without
coercion, undue influence, or fraud.
- **Lawful Consideration:** Something of
value exchanged between parties.
- **Lawful Object:** The purpose of the
contract must be legal.
- **Example:** Carol agrees to sell her laptop
to Dave for $500, and Dave agrees to pay this
amount. This contract has the essential
elements.
8. Consideration:**
- **Consideration:** Something of value
exchanged between parties as part of the
agreement.
- **Example:** In a contract to mow the
lawn, the consideration for one party is the
payment, and for the other, it is the mowing
service.
9. Matters Affecting the Validity of a
Contract:**
- **Coercion:** Forcing someone to enter
into a contract against their will.
- **Undue Influence:** Taking unfair
advantage of another person's position of
power.
- **Fraud:** Deliberate deception to induce
someone to enter into a contract.
- **Misrepresentation:** Providing false
information that leads to a contract.
- **Mistake:** Error in understanding the
terms of the contract.
- **Example:** If Sarah threatens to harm
Tom unless he signs a contract, it involves
coercion.
10. Forbidden by Law:**
- **Forbidden by Law:** Contracts that
involve illegal activities.
- **Example:** A contract to sell illegal drugs
is forbidden by law and, therefore, not
enforceable.
Certainly! Let's continue with more definitions
and examples related to the law of contract:

**11. Wagering:**
- **Wagering:** Contracts related to
gambling and betting.
- **Example:** Betting on the outcome of a
football match may involve a wagering
contract.

**12. Performance of Contract:**


- **Modes of Performance:** Different ways
in which parties fulfill their contractual
obligations.
- **Example:** Delivery of goods can be a
mode of performance in a contract for the sale
of goods.

**13. Time and Place of Performance:**


- **Time of Performance:** When the
contractual obligations must be fulfilled.
- **Place of Performance:** Where the
obligations must be fulfilled.
- **Example:** If a contractor agrees to build
a house within six months, the time of
performance is six months, and the place is the
specified construction site.

**14. Performance of Reciprocal:**


- **Reciprocal Performance:** Parties
exchange promises, and each promise is the
consideration for the other.
- **Example:** A promises to sell a car, and B
promises to pay $10,000. Both promises are
part of a reciprocal performance contract.

**15. Manner of Performance:**


- **Manner of Performance:** The specific
way in which contractual obligations should be
carried out.
- **Example:** If a contract requires the
delivery of goods, the manner of performance
may specify the shipping method and
packaging.

**16. Contracts Which Need Not Be


Performed:**
- **Contracts Which Need Not Be
Performed:** Certain contracts may not
require full performance.
- **Example:** If a party agrees to waive the
right to receive payment for a service, the
contract may not need to be fully performed.
**17. Assignment of Contract:**
- **Assignment of Contract:** Transferring
rights or duties under a contract to a third
party.
- **Example:** If Sarah agrees to clean Tom's
house, she may assign that duty to a
professional cleaning service.

**18. Assignment of Liability and Right:**


- **Assignment of Liability and Right:**
Transferring both the benefits and obligations
of a contract to another party.
- **Example:** A software developer may
assign both the rights to their code and the
obligation to provide technical support to a
third party.
**19. Discharge by Agreement:**
- **Discharge by Agreement:** Both parties
agree to end the contract.
- **Example:** If a construction project is
delayed due to unforeseen circumstances, the
parties may agree to discharge the contract
without penalties.

**20. Remission of Performance:**


- **Remission of Performance:** The
voluntary surrender or waiver of a contractual
right.
- **Example:** If a landlord allows a tenant
extra time to pay rent without imposing late
fees, it could be considered a remission of
performance.
**21. Extension of Time:**
- **Extension of Time:** Granting additional
time to fulfill contractual obligations.
- **Example:** A contractor might request an
extension of time to complete a construction
project due to unexpected delays.
Certainly! Let's continue with more definitions
and examples related to the law of contract:

**22. Breach of Contract and Consequences:**


- **Breach of Contract:** Failure to fulfill the
terms of a contract.
- **Consequences:** The non-breaching
party may have legal remedies, such as seeking
damages or specific performance.
- **Example:** If a seller fails to deliver goods
on the agreed-upon date, it constitutes a
breach of contract.

**23. Meaning of Option of the Aggrieved


Party:**
- **Option of the Aggrieved Party:** The non-
breaching party's right to choose a remedy for
a breach.
- **Example:** If a supplier fails to provide
materials on time, the buyer may choose
between seeking damages or specific
performance.

**24. Total and Partial Breach:**


- **Total Breach:** The entire contract is not
fulfilled.
- **Partial Breach:** Some, but not all,
contractual obligations are breached.
- **Example:** If a painter only completes
half of the agreed-upon work, it's a partial
breach; if no work is done, it's a total breach.

**25. Remedies for Breach:**


- **Remedies:** Legal actions available to the
non-breaching party.
- **Damages - General and Special:**
Financial compensation awarded to the non-
breaching party.
- **Example:** If a contractor fails to
complete a project on time, the client may seek
general damages for losses incurred due to the
delay.
**26. Measure of Damages:**
- **Measure of Damages:** The method used
to calculate the amount of compensation.
- **Example:** In a breach of contract
involving the sale of goods, the measure of
damages may be the difference between the
contract price and the market price.

**27. Quasi Contract:**


- **Quasi Contract:** An obligation imposed
by law to prevent unjust enrichment.
- **Rationale:** To avoid unfairness when
one party benefits at the expense of another
without a valid contract.
- **Example:** If a person mistakenly pays
someone else's debt, they may have a quasi-
contractual claim for reimbursement.
**28. Conditions of Liability:**
- **Conditions of Liability:** Requirements
for establishing a quasi-contractual obligation.
- **Example:** For a claim of unjust
enrichment, the non-breaching party must
show that the other party received a benefit,
which would be unjust to retain without
compensation.

**29. Payment Made Under Mistake of Fact


and Voluntary Payments:**
- **Payment Made Under Mistake of Fact:**
Money paid under the mistaken belief of the
facts.
- **Voluntary Payments:** Payments made
without any legal obligation.
- **Example:** If a person pays an invoice
twice by mistake, they may seek recovery for
the payment made under a mistake of fact.
Certainly! Let's continue with more concepts
and examples related to the law of contract:

**30. The Contract Act (IX of 1872):**


- The Contract Act of 1872 is the primary
legislation governing contracts in India,
covering the formation, performance, and
enforcement of contracts.

**31. Anson’s Law of Contract:**


- Anson's Law of Contract is a renowned
textbook written by Sir William Reynell Anson,
providing comprehensive coverage of contract
law principles and case law analysis.
**32. Law of Contract by Avtar Singh:**
- Avtar Singh's Law of Contract is another
authoritative textbook that offers detailed
explanations and analysis of contract law
concepts, specifically tailored to Indian legal
principles.

**33. The Contract Act by D.F. Mullah:**


- D.F. Mullah's book on The Contract Act
provides a comprehensive commentary on the
provisions of the Indian Contract Act, offering
insights into case law and practical applications.

**34. Law of Contract by V.G.


Ramachandran:**
- V.G. Ramachandran's Law of Contract is a
widely used textbook that covers various
aspects of contract law, including formation,
performance, breach, and remedies.

**35. Principles of Contract by Sajid Qureshi:**


- Sajid Qureshi's Principles of Contract offers a
systematic approach to understanding contract
law principles, with clear explanations and
examples.

**36. The Contract Act by M.A. Mannan:**


- M.A. Mannan's book on The Contract Act
provides an in-depth analysis of contract law
principles and their application in Indian
jurispruden.

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