Introduction: The Indian Contract Act 1872
The Indian Contract Act came into effect on 1st September 1872 and is one of the oldest mercantile laws of the country. This law provides guidelines that help in the formation and compliance of Contracts in a regulated and organised manner. These rules and regulations provide the framework for the course of Action to be followed in case of any disputes arising from the Contracts. The Act has 266 sections and is applicable to the entire country except for Jammu and Kashmir. An agreement in contract law is a mutual understanding or arrangement between two or more parties that is legally binding and enforceable by law, provided it meets the essential elements such as offer, acceptance, consideration, intention to create legal relations, and the competence of the parties involved.
Let’s understand the key elements of this Act and the definitions of its important features.
The Indian Contract Act, 1872 provides the guidelines for forming a valid Contract. It plays an important role wherever there is an agreement or a Contract. The Contract Act defines the term ‘Contract’ under its section 2 (h) as ‘An agreement enforceable by law’.
This definition has two key elements: agreement and enforceable by law.
Agreement- An agreement is every promise or the set of promises that form the consideration for each other.
Enforceable by law- When these promises are held valid in the court of law and the parties of the Contract can be held liable to complete their promises, the Contract is enforceable by law.
Promise- Section 2(b) of the Indian Contract Act, 1872 defines a promise as: ‘when the person to whom the proposal is made signifies his assent thereto, the proposal becomes an accepted proposal. A proposal when accepted, becomes a promise’. A promise to do or abstain from doing something becomes an agreement when it is accepted by all the parties involved in the agreement.
Also Read: Overview of the Indian Contract Act, 1872
What is an Agreement?
An agreement is a promise or commitment given by one party to another party. It includes an offer that is made by one person and accepted by the other person. In simple words, an agreement happens when an offer is made by one person and accepted by another person. It consists of two or more parties. It becomes an agreement only if the essential ingredients are fulfilled. There must be a consideration.
Essentials of Forming an Agreement:
Parties - There must be two or more parties to form an agreement.
Offer or proposal - The proposal must be made by one party to the other.
The person(s) to whom the proposal has been made must clearly understand all the aspects and terms of the proposal
Acceptance - The offeree or the person to whom the offer has been made, must accept the proposal and give his assent to all its terms
Promise - When the proposal is accepted it becomes an accepted proposal or a promise. A proposal is not synonymous to a promise but becomes one only after its acceptance
Consideration - An agreement is accepted with a consideration which is the price for the promise made to be paid as a consideration.
Types of Agreement
Written Agreement - Agreements are done by writing in a special layout called written agreement. It contains certain terms and conditions which are accepted by the parties with consideration.
Oral Agreement - An agreement that has a set of gestures and terms agreed via spoken or by spoken communication.
To Sum it Up:
Offer + Acceptance= Agreement
Agreement / Accepted Promise +Enforceable by Law= Contract
What is Agreement in Business Law?
To define agreement in business law, It is an agreement is a mutual understanding or arrangement between two or more parties that outlines their rights and obligations. It can be either written or oral and is formed when there is an offer, acceptance, and consideration (something of value exchanged). For the agreement to be legally enforceable, it must meet certain conditions, including the intention to create legal relations, the competence of the parties, and the lawfulness of the subject matter.
What is a Contract?
An agreement enforceable by law is called a Contract. An agreement cannot be said as a Contract unless and until it is enforced by law. A Contract is an agreement that is accepted by both parties and is enforceable by law. It gives certain rights to all the parties involved and also bestows on them certain obligations that they must fulfill. A Contract is an agreement but not all agreements are Contracts.
Also Check: Indian Contract Act: Classes of Agents
Essentials of a Valid Contract
For a Contract to be valid, it must be enforceable by law and must include the following essentials given under Section 10 of the Indian Contract Act.
Two Parties- A valid Contract must include a minimum of two parties; one that makes the offer and the other to whom the offer has been made and who must accept the proposal for it to become enforceable.
Legal Obligation- The parties entering into a Contract must have the intention of entering into a legal obligation. Social agreements and obligations are not considered a Contract as they do not create any legal obligations on any party.
Certain Terms- A legal Contract must have certainty of meaning.
Example- A agrees to buy B’s house for a reasonable amount. A valid Contract must define the exAct amount that A intends to pay B for buying his house.
Possibility of Performance- A Contract is considered valid only when it does not involve the performance of an impossible Act.
Example- A enters into a Contract with B to bring back to life B’s father for ten thousand rupees. Since the Contract involves the performance of an impossible Act, it is not a valid Contract
Free Consent- The parties entering into a Contract must give their free consent to the Contract.
Competency- The parties must be legally competent to enter into a Contract. According to Section 11 of the Indian Contract Act, people who are considered competent to enter into a Contract include: a person who is of the age of majority as per law, of sound mind, and not disqualified by law from entering into a Contract (this includes convicts, alien enemy, foreign national, etc)
Consideration- The Contract must involve consideration as per the principle of ‘quid pro quo’ or something in return. A valid Contract must include a consideration that must be something of value.
Legal Consideration- Section 23 of the Contract Act defines a legal consideration as something not forbidden by law.
Types of Contract
Valid Contract - A Contract is said to be a valid Contract when the Contract has all the essential ingredients present in it.
Void Contract - A Contract is said to be void when a Contract is void from the beginning when it was made, and which cannot be enforceable by law. It lacks enforceability.
Voidable Contract - A voidable Contract is a Contract, not a void Contract. This contAct can be affirmed or rejected by the parties. This Contract starts as valid but later there will be an option for the parties to move forward with it or deny it. It can be declared invalid at the request of any party because of any defect.
Illegal Contracts - When the subject matter or the terms or conditions are not accepted by society and it is already unlawful then it becomes an illegal Contract.
Breach of Contract
Breach of Contract occurs when one of the parties fails to abide by the terms and conditions accepted in the Contract. It can happen by the non-performance of certain terms and conditions as mentioned in the Contract. The breach of Contract can be resolved among the parties and if it is still not resolved then they can approach the court.
There are Three Conditions to Breach of Contract -
If party fail to deliver certain conditions in a certain duration of time
If the party does not meet the terms of the Contract
If the party fails to perform.
Breach of Contract is a civil wrong. One who breaches the Contract may face legal Actions.
Importance of Indian Contract Act 1872
Clear Rules for Contracts: The Act sets out clear rules for making and following contracts, so everyone knows what is expected of them.
Protection of Rights: It protects the rights of both parties in a contract, ensuring fairness and preventing exploitation.
Solving Disputes: If there’s a problem or breach in a contract, the Act helps resolve the issue by providing legal solutions like compensation.
Encourages Business: It creates a safe legal environment for business deals, helping the economy grow and encouraging trade.
Prevents Fraud: The Act stops dishonest actions like lying or tricking people into contracts, protecting individuals and businesses from fraud.
Key Provisions of the Indian Contract Act, 1872: A Brief Overview
Section 10 of Indian Contract Act – What Agreements are Contracts:
For an agreement to be a valid contract, it must be made with free consent.
The parties must be competent to contract (i.e., of sound mind, and above the age of 18).
The object and consideration must be lawful.
The contract should not be void or illegal.
Section 23 of Indian Contract Act – What Considerations and Objects are Lawful, and What are Not:
The consideration or object of a contract must be lawful.
If the consideration or object is illegal, immoral, or forbidden by law, the contract is void.
It ensures that contracts do not involve unlawful activities.
Section 25 of Indian Contract Act – Agreement Without Consideration:
A contract without consideration is void.
Exceptions to this rule include:
Natural love and affection.
A promise to pay a time-barred debt.
These agreements are valid even without consideration.
Section 27 of Indian Contract Act – Restraint of Trade:
Any agreement that restrains a person’s right to trade or work is void.
Such agreements are not enforceable unless the restraint is reasonable and protects the legitimate interest of the parties involved.
Section 28 of Indian Contract Act – Agreement in Restraint of Legal Proceedings:
Any agreement that completely restricts legal proceedings is void.
This includes contracts that prevent one party from filing lawsuits or limit the time period for legal action.
Contracts that limit access to the courts or legal remedies are unenforceable.
Section 73 of Indian Contract Act – Compensation for Loss or Damage Caused by Breach of Contract:
If a contract is breached, the aggrieved party can claim compensation.
The compensation should cover the loss or damage caused by the breach.
The loss must be foreseeable at the time the contract was made.
Solved Questions on the Indian Contract Act, 1872
1. A Agrees to Buy B’s House for a Sum of Fifty Lakh Rupees. Is this a Valid Contract?
Ans: It will be a valid Contract only if:
B has been made a party to this Contract
Since the statement says that A ‘agrees’ to buy the house, it denotes that an offer has been made to A and if he accepts the offer he must communicate his acceptance to B.
2. James Puts an Advertisement Outside His House for Selling it for One Lakh Rupees. Jack Sees the Advertisement and Agrees to Buy the House but James Refuses to Sell the House to Him. Can Jack Sue James for Breach of Contract?
Ans: The advertisement was only an invitation to offer and not an offer by itself. Since James had not accepted Jack’s offer or bid of purchase there was no Contract between them. Acceptance is an integral part of a valid Contract. Hence Jack cannot sue James for a breach of Contract.
3. Sarah places an advertisement in the newspaper offering her car for sale at Rs. 50,000. Mark sees the ad and immediately agrees to buy the car at the stated price. However, Sarah refuses to sell the car to Mark. Can Mark sue Sarah for breach of contract?
Answer: No, Mark cannot sue Sarah for breach of contract. An advertisement is generally considered an invitation to treat, not an offer. This means Sarah’s ad is an invitation for Mark to make an offer, which Sarah can accept or reject. Until Sarah accepts Mark's offer, no binding contract exists.
4. Tom posts an ad on social media offering his laptop for sale at Rs. 30,000. Alice contacts him, agreeing to buy the laptop at the specified price. However, Tom later refuses to sell the laptop to Alice. Can Alice take legal action against Tom for breach of contract?
Answer: No, Alice cannot sue Tom for breach of contract. Like the previous example, an advertisement is typically an invitation to treat, not an offer. Even though Alice agrees to the price, Tom has not formally accepted her offer. Therefore, no contract is formed, and Tom is not legally bound to sell the laptop.
5. Emily advertises her house for rent at Rs. 15,000 per month. John sees the advertisement and agrees to rent the house at the advertised rate. Emily, however, refuses to rent the house to John. Can John sue Emily for breach of contract?
Answer: No, John cannot sue Emily for breach of contract. The advertisement is considered an invitation to treat, meaning it is not a binding offer. For a contract to exist, Emily must accept John’s offer to rent the house. Since no formal acceptance occurs, no legal contract is formed between them.
FAQs on Indian Contract Act 1872 Overview: What is Agreement in Law?
1. What is the summary of Indian Contract Act, 1872?
The Indian Contract Act, 1872, is foundational legislation for contract law in India. Part I of the Act defines what constitutes a contract and explains the essential elements needed for an agreement to be legally valid. It covers topics such as proposal and acceptance, consideration, free consent, and the capacity of parties. The Act also lays out the rules for the formation, performance, and enforcement of contracts. In summary, the Indian Contract Act, 1872, provides a uniform legal framework that governs how business and personal contracts are created and enforced in India. This ensures predictability and fairness in contractual relationships.
2. What is the main purpose of the contract Act 1872?
The main purpose of the Indian Contract Act, 1872, is to provide a clear set of rules for making and enforcing contracts in India. By establishing legal standards, it ensures that agreements between parties are lawful, fair, and enforceable in court. The Act is crucial for business and personal transactions as it defines rights, duties, and remedies in case of breaches. It promotes commercial certainty and protects both parties in a contract. Ultimately, this Act underpins commercial dealings by ensuring that contracts are honoured and disputes are resolved with justice.
3. What is section 2 i of the Indian Contract Act?
Section 2(i) of the Indian Contract Act, 1872, defines a voidable contract. According to the Act, a voidable contract is an agreement that is enforceable by law at the option of one or more parties but not at the option of the other parties. This usually happens when consent to the agreement is obtained by coercion, undue influence, fraud, misrepresentation, or mistake. Therefore, the affected party can choose to enforce or cancel such a contract. Section 2(i) thus distinguishes between valid, void, and voidable contracts for legal clarity.
4. What is the Indian Contract Act, 1872 specific contract?
The Indian Contract Act, 1872 also covers 'specific contracts', which refer to particular types of agreements like indemnity, guarantee, bailment, pledge, and agency. While Part I focuses on general contractual principles, later sections address these special contracts with distinct rules.
- Contracts of indemnity and guarantee provide security for losses or debts.
- Bailment and pledge involve the transfer of goods for a specific purpose.
- Agency defines relationships where one person represents another.
5. What are the essential elements of a valid contract under the Indian Contract Act, 1872?
For any contract to be legally valid under the Indian Contract Act, 1872, certain essential elements must be present. These requirements ensure the agreement is enforceable in a court of law.
- Offer and acceptance – There must be a lawful offer by one party and acceptance by another.
- Lawful consideration – An exchange of value must occur.
- Free consent – All parties must agree without coercion, fraud, or undue influence.
- Capacity of parties – Parties must be legally competent.
- Lawful object – The contract's purpose must be legal.
6. What is the difference between a void and voidable contract under the Indian Contract Act, 1872?
Under the Indian Contract Act, 1872, a void contract is an agreement not enforceable by law, while a voidable contract is enforceable at the choice of one party but not the other. A void contract has no legal effect from the start, often due to unlawful object or impossibility. A voidable contract, on the other hand, remains valid unless the aggrieved party chooses to void it due to issues like misrepresentation or coercion. Understanding this distinction is crucial, as it affects the rights and remedies available to parties involved in a contract dispute.
7. What is meant by 'free consent' under the Indian Contract Act, 1872?
Free consent is a crucial concept under the Indian Contract Act, 1872. It refers to an agreement where all parties willingly agree to the same thing, in the same sense, without force, fraud, misrepresentation, undue influence, or mistake. If consent is not free, the agreement may be voidable at the option of the affected party. Free consent ensures the fairness and enforceability of contracts, reflecting the true intent of the parties involved. Without free consent, the legal validity of a contract is jeopardized.
8. Who are competent to contract under the Indian Contract Act, 1872?
According to Section 11 of the Indian Contract Act, 1872, a person is competent to contract if they meet certain conditions.
- Age of majority – The person must be at least 18 years old.
- Sound mind – The individual must be capable of understanding the contract and making a rational judgment.
- Not disqualified by law – Those declared incapable by law (such as bankrupts or convicts) cannot contract.
9. What happens if a contract’s object is unlawful according to the Indian Contract Act, 1872?
If a contract’s object is unlawful under the Indian Contract Act, 1872, the agreement is considered void and cannot be enforced by law. Unlawful objects include anything forbidden by law or defeating the purpose of the law, or those that are fraudulent, cause injury to others, or are immoral. When a contract involves such activities, it is declared void from the outset. This safeguard ensures that contracts do not encourage illegal or unethical behaviour and maintains the integrity of legal transactions in India.
10. What are the remedies for breach of contract under the Indian Contract Act, 1872?
When a breach of contract occurs under the Indian Contract Act, 1872, the aggrieved party is entitled to certain remedies to address their loss. Common remedies include:
- Damages – Monetary compensation for loss suffered.
- Specific performance – Court order requiring the defaulting party to fulfil contractual duties.
- Injunction – Court prevents a party from performing an act.
- Rescission – Cancellation of the contract and restoration of parties to original positions.
11. How does the Indian Contract Act, 1872 define 'consideration'?
Consideration, as defined in Section 2(d) of the Indian Contract Act, 1872, is something of value exchanged between parties to form a contract. It can be a benefit to one party or a loss or detriment suffered by the other. Consideration is essential for making an agreement enforceable. Without it, a promise is generally not legally binding unless it falls under exceptions provided by the Act. This principle ensures that both parties to a contract have a stake or interest in fulfilling their obligations.
12. What agreements are not contracts under the Indian Contract Act, 1872?
Not all agreements are contracts under the Indian Contract Act, 1872. Only agreements that are enforceable by law become contracts. Agreements lacking essential elements—like lawful consideration, competent parties, free consent, or lawful object—are not considered contracts. Similarly, agreements that are expressly declared void by the Act, such as wagering agreements or those made without consideration, are not enforceable. This distinction ensures that only legal, fair, and mutually agreed-upon transactions attain the status of contracts under Indian law.
