A contract will be formed when the parties give objective manifestation of an intent to form the contract. A proposalwhen accepted becomes a promise. In this case a minor executed a mortgage for Rs. Consideration must be real, and not illusory or illegal. Agreements of social or domestic nature do not contemplate legal relations. It may be because of blindness, illiteracy, or servility of the person signing the contract or due to the trick or fraudulent misrepresentation as to the nature of the document. Therefore, an agreement without consideration is void and cannot become a contract.
It is to be noted that only minor's property is liable, minor is not personally liable for necessaries supplied to him. Contract that is immoral or opposed topublic policy are illegal in nature. These special contracts are Indemnity, Guarantee, Bailment, pledge and Agency. However, there are some agreements which are not enforceable in a law court. Contracts have common elements in their construction. This paper is a study of the Element of a Contract detailing the essential elements that constitute a legal binding agreement. In order for any contract to be enforceable, courts generally require three things: mutual assent agreement to the contract terms , a valid offer and acceptance, and consideration.
The term of the offer must be specific and definite. The present Contract Act also does not a ffect particular customs and usages of trade, which are not inconsistent with any of the provisions of la w, for example, usages relating to Hundies as negotiable instruments. The same is the position of B. Not declared to be void. Either we realize it or not, we have make contract from as simple as buying groceries in groceries store or during trading in between two big company. A contract without consideration is void. This 'something' is defined as consideration.
They are not contracts because the parties do not intend that they should be attended by legal consequences. Examples 1 Ainvites Bfor dinner in a restaurant. There is nothing whatever to show what kind of a oil intended. Consent to contract All the parties must have agreed upon the subject matter of the agreement in the same sense. There are various social, religious and moral obligations, e.
If it is vague and not possible to ascertain the meaning, it cannot be enforced. Consideration need not be a benefit to the p romiso r. Business Law: The Ethical, Global and E-Commerce Environment. It can be cash, kind, an act or abstinence. The Agreement must not be Expressly Declared to be Void: The agreements must not have been expressly declared to be void by any law in force in the country. The acceptance of the offer must be absolute and unconditional and conforming to the same terms.
For A, it is excuted contract whereas it is executory contract on the part of B since the price is yet to be paid. Agreement in restraint of Marriage : According to Section 20, every agreement in restraint of the marriage of any person other than a minor is void. It must not be illusory or unsubstantial. Impossibility : Contracts cannot be done for doing things which are impossible at the current level of human knowledge, for example taking a man to Mars, or giving a profit through some magic. There is an implied contract that A will pay the prescribed fare. For example, A contracts to supply certain goods to B on 1 st January.
Voidable contract 2 i :-An agreement is a voidable contract if it is enforceable by Law at the option of one or more ofthe parties thereto i. Just before this date, A informs B that he will not supply those goods. On the appointed day, Bgoes to the restaurant. Consensus-ad-idem: The parties to an agreement must have the mutual consent i. Besides, to make a contract valid not only consent is necessary but the consent must also be free. In the absence of one or more of these elements the agreement is void ab initio right from the beginning.
If the other person accepts the proposal it becomes a valid contract. Quasi-Contracts Under special circumstances, obligations resembling those created by a contract are imposed by law although there is no contract between the parties. All agreements are not studied under the Indian Contract Act, assome of them are not contracts. This cannot be a contract, as what kind, grade or brand of rice is supposed to be sold is not indicated. It is the law of those agreements which create obligations, and those obligations which have their sources inagreements.
Agreement 2 e :-Every promise and set of promises forming the consideration for each other. Thus, a contract consists of two elements, 1. A contract can be defined as an agreement between two or more persons for example, individuals, organizations or government agencies and or business, to do, or to refrain from doing something in exchange for something of value. The Proposal must be made to a Definite Person: By definite person means to a specific individual person or to a definite class of persons or to the world at large. A void contract has no legal effect. In other words, the person should be of the age of majority, should have a sound mind, and must not be disqualified from any law to which they subject.
But this presumption is rebuttable with the help of evidence. Similarly, an acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor but not afterwards. Doctrine of Frustration : A contract, which was capable of being performed at the time, when it was entered into, may subsequently become impossible to perform because of some event or circumstances beyond the control of the parties, as a result of which, the performance becomes impossible or unlawful. An agreement to do an impossible act whether physically or legally, is void. By implies contract means implied by law i. The verbal contract stated that the repair job would be completed within two days and with all essential repairs done to make the automobile operate at peak performance.