Contract ppt

• Indian Contract Act
• Definition of a contract: Sec. 2(h) :
• "An agreement enforceable by law is a
contract.”
• Flow of the definition:
Contract ---- Agreement ---- Promise
Accepted proposal ----- Proposal/offer

• Definition Of a proposal: Sec. 2(a)
When one person, signifies to another,his
willingness to do or to abstain from doing
anything,
with a view to obtaining the assent of that other
to such act or abstinence,
he is said to make a proposal.

• Rules of a valid proposal:
• It may be express or implied.
• It must contemplate to give rise to legal
relationship.
• Terms must be certain.
• It may be specific or general.

• Rules of a valid proposal:
• Invitation to offer is not an offer.
• Offer must be communicated
• Special terms must be communicated in
a special manner
• Offer should not contain a term the non-
compliance of which would amount to
acceptance.

• Definition Of acceptance: Sec. 2(b)
• When a person to whom the offer is made,
signifies his assent thereto, the offer is said to be
accepted.
Rules of a valid acceptance:
• The person to whom the offer is made must give it.
• It must be absolute and unqualified.

• Rules of a valid acceptance:
• Mental acceptance is ineffectual.
• It must be expressed in the prescribed manner or
in some usual manner.
• It must given within a reasonable time.
• It must succeed the offer.

• 'Every contract is an agreement but
every agreement may not be a contract'
• Essentials of a valid contract:
• Offer and acceptance
• Intention to create legal relationship
• Lawful consideration

• Essentials of a valid contract:
• Capacity of the parties
• Free consent
• Lawful object
• Certainty of terms
• Possibility of performance
• Writing and registration

• Consideration: Sec. 2 (d)
• When,
• at the desire of the promisor, the promisee or any
other person;
• has done or abstained from doing, or does or
abstains from doing, or promises to do or abstain
from doing something,
• such act or abstinence or promise is called as
Consideration for the promise.

• Essentials of valid consideration:
• Consideration must move at the
desire of the promisor
• Consideration may move from the
promisee or any other person
• It may be past, present or future
• It must be something of value

• Competency of parties to a contract:
• Sec.10 states:
“Essential ingredient of a valid contract
is that the contracting parties must be
competent”

• Competency of parties to a contract:
• Sec 11 says:
“Every person is competent to contract;
who is of age of majority according to
the law to which he is subject,
and who is of sound mind,
and is not disqualified from contracting
by any law to which he is subject”

Who is a Minor?
• As per Indian Majority Act:
a person below age of eighteen years under
normal circumstances
and
a person below age of twenty one years in
case of a guardian being appointed for
his person or property

• Effects of agreement with or by a minor
• Usually it is Void – ab - initio
(absolutely void and inoperative)
• No ratification on attaining age of
majority
• No estoppel against a minor

• Sound mind: Sec. 12:
• “A person is said to be of sound mind
for the purpose of making a contract, if,
at the time when he makes it, he is
capable of understanding it and of
forming a rational judgement as to its
effects on his interests”

• Disqualified from contracting:
• Alien enemies
• Foreign sovereigns
• Convicts
• Insolvent
• As per any other law applicable

• Consent = consensus ad-idem
• i.e. 'Agreeing upon the same thing in the
same sense'
• Free Consent: Section 14--
Consent is said to be free when it NOT
caused by any one of the following
• Coercion . Undue influence
• Misrepresentation . Fraud
• Mistake

Coercion: (Sec 15)
" It is
• a) Committing or threatening to commit, any
act forbidden by Indian Penal Code, or
• b) unlawful detaining or threatening to detain
any property,
• to the prejudice of any person whatever,
• with the intention of causing any person to
enter into an agreement"

Coercion: (Sec 15)
• Effect of Coercion:
• Contract is voidable at the option of the
party whose consent was so obtained
• Burden of proof that coercion was used
lies on the aggrieved party.

Undue Influence: Sec 16(1)
"A contract is said to be induced by undue
influence where,
i) the relations subsisting between the parties
are such that one of the parties is in a
position to dominate the will of the other,
and
ii)he uses the position to obtain an unfair
advantage over the other."

Undue Influence: Sec 16(1)
Effects of Undue influence
• Agreement is voidable at the option of the
party whose consent is so caused

Undue Influence
In a position to dominate the will of the
other means:
a) Where he holds a real or apparent
authority over the other, for eg. master
& servant, judge and the accused,
doctor and a patient etc.

In a position to dominate the will of the other
means:
b) where he stands in a fiduciary relation to the other
• (fiduciary relation = relation of mutual trust and
confidence) eg. Father & son, Guru & disciple
c) where he makes a contract with a person whose
mental capacity is temporarily or permanently
affected by reason of age, illness, or mental or
bodily distress.

Misrepresentation: Sec 18—
"It means and includes-
a) the positive assertion in a manner not warranted
by the information of the person making it, of
that which is not true, though he believes it to be
true:
or
b) any breach of duty, which without any intent to
deceive, gains an advantage to the person
committing it, by misleading other person to his
prejudice
or
c) causing, however innocently, a party, to make a
mistake as to the substance of the thing which is
the subject of the agreement

Fraud: Sec 17—
It means and includes any of the following acts
committed by a party to the contract—
i)The suggestion that a fact is true when it is not
true, by the one who does not believe it to be true
ii)The active concealment of a fact by a person who
has knowledge or belief of the fact
iii)A promise made without any intention of
performing it
iv)Any other act fitted to deceive
v)Any such act or omission as the law specially
declares to be fraudulent

• Representation =
• statement of fact made by one party to
another
• either before or at the time of contract
• relating to some matter essential to the
formation of the contract
• with an intention to induce the party to enter
into the contract

An innocent wrong statement
= Misrepresentation
A deliberate or intentional statement to deceive the
other = Fraud

Effects of Misrepresentation
• The aggrieved party has two options
1. He can rescind the contract, treating it as
voidable
2. He may affirm the contract and insist that he shall
be put in a position in which he would have
been, if the statement was true.

• Effects of Fraud:
The aggrieved party has three remedies
1. He can rescind (set aside) the contract, treating it
as voidable
2. He may affirm the contract and insist that he shall
be put in a position in which he would have been,
if the statement were true.
3. He can also sue for damages, if any, because
fraud is a civil wrong and hence compensation is
payable

Mistake= erroneous belief concerning something

Discharge of contract
o by performance- actual or attempted (tender)
o by mutual consent or agreement
o by supervening impossibility
o by lapse of time
o by operation of law
o by breach of contract

• Quasi Contracts:
1. Claim for necessaries supplied to a person
incapable of contracting
2. Reimbursement to a person paying money due
by another in payment of which he is interested
3. Responsibility of finder of goods
4. liability of a person to whom money is paid or
things delivered by mistake or under coercion

• Contract of Indemnity:
It is a contract by which one person promises to
save the other from any loss caused to him by the
conduct of the promisor himself or by conduct of
any other person.
 Indemnity holder or indemnified = one protected
 Indemnfier = one who gives protection

Contract ppt

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Contract ppt