If these legal formalities are not complied to, the said contract cannot be enforced by the law. It arises when parties know that if one for the failure of a contract. For example, it requires that an agreement to pay a time barred debt must be in writing and an agreement to make a gift for natural love and affection must be in writing and registered Sec. In every contract, there will always be a party who is making the offer and a party who accepts the offer. Possibility of performance: Yet another essential feature of a valid contract is that it must be capable of performance.
It will not be considered valid unless it is able to fulfill the required legal formalities. Consensus-ad-idem: The parties to an agreement must have the mutual consent i. An offeror may attach any terms and conditions to the offer he makes. It is a contract, which can be enforced by either of the parties to the contract. When consent is obtained by unfair means, the contract would be voidable.
Two or more persons are said to consent when they agree upon the same thing in the same sense. Unlawful objects are considered to be something that is forbidden by the law, against any provisions of the law, one that is fraudulent, causes damage to person or property, and if it is deemed immoral or against public policy. An offer to be valid must fulfil certain conditions, such as it must intend to create legal relations, its term, must be certain and unambiguous, it must be communicated to the person to whom it is made, etc. When an offer is made to a specified person or group of persons, it is called specific offer. The offer must be made with the intention of creating legal relations otherwise, there will be no agreement. An agreement is legally enforceable only when each of the parties to it gives something and gets something.
An agreement can also be inferred from correspondence exchanged between the parties. In construction, the contract is generally for producing a building or part of the built environment. It is also essential for the validity of a contract. Thus, it will not be considered as a valid contract. Consideration need not be in cash or in kind.
Consideration — lawful consideration with a lawful object 3. Writing and registration: According to the Indian Contract Act, a contract may be oral or in writing. In the absence of offer and acceptance, then a contract cannot be considered valid. Free consent is obtained when something is not induced, coerced, misrepresented, and influenced by false information or mistakes. Goods must be one which is defined as goods in.
On the dissolution, some goods were divided among all the partners. A contract is legally binding when it enforceable by the law. According to Section 11 of Indian Contract Act, 1872. Now that you know about these classifications, you should be able to identify the type of contract you would be in. The consideration or object of an agreements is unlawful if — 1 2 3 4 5 it is forbidden by law; or is of such a nature that, if permitted it would defeat the provisions of any laws is fraudulent; or involves or implies injury to the person or property of another the court regards it as immoral or opposed to public policy In each of these cases, the consideration or object of an agreement is said to be unlawful. Consideration means something in return.
If the ownership of the goods is transferred for any consideration other than the money, that will not be a sale but an exchange. All valid contracts have genuine consent of both parties. The agreement is void because its object is unlawful. Lawful Object The object of an agreement must be lawful. A promise is often made in return for a promise for example a buyer realizes the goods for the price.
Writing is essential in order to effect a sale, lease, mortgage, gift of immovable property etc. What Are the Advantages of a Contract? In other words, they must be capable of entering into a contract. Agreements of a social or domestic nature which do not contemplate a legal relationship are not contracts. Such a contract of sale is not valid because it is made without consideration. Legal Formalities The agreement must comply with the necessary formalities as to writing, registration, stamping etc.