Contract:
A contract is a legally binding agreement between two or more parties that creates obligations
enforceable by law. It typically involves an offer, acceptance, consideration, and an intention to
create legal relations.
Indian Contract Act:
The Indian Contract Act of 1872 governs contracts in India. It defines what constitutes a valid
contract, its enforceability, and the remedies available in case of breach.
Offer and Acceptance
In the context of the Indian Contract Act, an offer is a proposal made by one party to another
with the intention of creating a legal obligation if accepted. Acceptance is the assent given by
the person to whom the offer is made, agreeing to the terms and conditions of the offer. Once
acceptance is communicated, a contract is formed.
Objects and considerations of Contract:
Offer: A proposal made by one party to another expressing willingness to enter into a contract.
Acceptance: The agreement by the other party to the terms of the [Link]:
Something of value exchanged between parties, often money, goods, or services.
Capacity: The legal ability of parties to enter into a contract, including being of sound mind and
not a minor or disqualified by law.
Legality: The contract's purpose and terms must be lawful and not against public policy.
Free Consent: Parties must enter into the contract willingly and without coercion, undue
influence, fraud, or misrepresentation.
Objects: The subject matter or purpose of the contract must be legal, not immoral, or against
public policy.
Breach of the contract:
Breach of contract occurs when one party fails to fulfill its obligations as outlined in the contract
without a lawful excuse. It can involve failing to perform, performing inadequately, or refusing to
perform altogether.
Free Consent:
Free consent refers to the voluntary agreement of parties to enter into a contract without any
coercion, undue influence, fraud, misrepresentation, or mistake. It ensures that each party has
entered into the contract willingly and without any external pressures or deceit.
Void Contract:
Free consent refers to the voluntary agreement of parties to enter into a contract without any
coercion, undue influence, fraud, misrepresentation, or mistake. It ensures that each party has
entered into the contract willingly and without any external pressures or deceit.
Type of Contract
Contracts can be classified into various types based on their formation, enforceability,
performance, and other factors. Here are some common types of contracts:
1. Express Contract: A contract where the terms are explicitly stated, either orally or in writing.
2. Implied Contract: A contract inferred from the conduct of the parties, rather than explicitly
stated.
3. Bilateral Contract: A contract where both parties exchange promises to perform.
4. Unilateral Contract: A contract where only one party makes a promise, and the other party
performs upon fulfilling the conditions of that promise.
5. Void Contract: A contract that has no legal effect from the beginning.
6. Voidable Contract: A contract that is initially valid but can be voided at the option of one of the
parties due to certain circumstances, such as fraud, undue influence, or misrepresentation.
7. Executed Contract: A contract where both parties have fulfilled their obligations.
8. Executory Contract: A contract where one or both parties have yet to fulfill their obligations.
9. Adhesion Contract: A contract drafted by one party with superior bargaining power, with
terms typically favorable to that party.
10. Unconscionable Contract: A contract that is so one-sided and unfair that it shocks the
conscience and is therefore unenforceable.
Sales of Goods Act
The Sale of Goods Act is a piece of legislation that governs the sale of goods in many countries,
including India and the United Kingdom. It establishes the rights, duties, and remedies of buyers
and sellers in contracts for the sale of goods. It covers various aspects such as the formation of
the contract, conditions and warranties, transfer of ownership, and remedies for breach of
contract.
Conditions and Warranties
Conditions are crucial terms of the contract. Breach allows the aggrieved party to cancel the
contract and claim damages.
Warranties are less crucial terms. Breach only allows the aggrieved party to claim damages, not
cancel the contract.
Unpaid Seller
The Sale of Goods Act provides protections for unpaid sellers in situations where the buyer fails
to pay for the goods. Some key provisions include:
1. Right to Withhold Delivery: If the buyer refuses to pay, the seller has the right to withhold
delivery of the goods.
2. Right to Stoppage in Transit: If the seller discovers that the buyer is insolvent and the goods
are still in transit, the seller can stop the goods from being delivered to the buyer.
3. Right of Resale: If the buyer fails to pay and the seller has not yet transferred the ownership
of the goods to the buyer, the seller may resell the goods and claim damages for any losses
incurred.
4. Right to Sue for the Price: The seller can sue the buyer for the price of the goods if the buyer
refuses to pay, provided that the goods have been delivered and the payment is due.
These provisions help protect the interests of sellers when buyers fail to fulfill their payment
obligations.
Transfer for property goods
The transfer of property in goods refers to the transfer of ownership from the seller to the buyer.
The Sale of Goods Act outlines rules for this transfer, such as passing at the time of contracting,
upon notification, or when the goods are in a deliverable state. These rules ensure clarity and
fairness in sales transactions.
Performance of Transfer of Goods
The performance of a contract of sale involves the seller delivering the goods, transferring
ownership, and fulfilling any warranties, while the buyer pays the price and accepts the goods.