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Contract & Agreement

Indian contract Act 1872

ON DEMAND NEWZ by ON DEMAND NEWZ
December 7, 2023
Reading Time: 4 mins read
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What is contract?
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What is contract?

The Indian Contract Act sets the rules for contracts and deals between different parties. The Contract Act is one of the main rules that govern and keep an eye on all business when there is an agreement or deal. We will learn what a contract is in the next part.

The Indian Contract Act is one of the oldest business rules in the country. It was made law on September 1, 1872. It is the law’s job to make sure that contracts are made and followed in a controlled and planned way. The actions that should be taken if there are any disagreements about the Contracts are set out in these rules and laws. There are 266 parts to the Act, and it covers the whole country except for Jammu and Kashmir.

The Indian Contract Act of 1872 tells us what a contract is. We’ll also look at what the Act says about the words and see what that means. We will figure out all the interesting parts of the Contract Act in these topics. To start, let’s talk about what a contract means.

Let’s look at the most important parts of this Act and the meanings of those parts.

The Indian Contract Act of 1872 spells out the rules for making a legal contract. When there is an understanding or a contract, it is very important. Section 2(h) of the Contract Act says that a “Contract” is “an agreement that is enforceable by law.

There are two main parts to this definition: agreement and binding by law.

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When two or more people agree to do something, they are saying they will do it. This is called an agreement.

  1. Enforceable by law: The Contract is enforceable by law when these promises are upheld in court and both parties are held responsible for keeping their word.
  2. Promise: According to Section 2(b) of the Indian Contract Act, 1872, a promise is made when the person to whom the suggestion is made shows that he agrees with it. When someone accepts your offer, it turns into a promise. A promise to do or not do something turns into an agreement when everyone involved in the agreement comes to terms with it.

What does a deal mean?

When one party makes a promise to another party, this is called a deal. It includes a deal that one person makes and the other person turns it down. When one person makes an offer and another person accepts it, they have reached a deal.  There are at least two sides to it. An deal is only made when all of the necessary conditions are met. There needs to be a thought.

What You Need to Do to Make an Agreement:

  1. Party: An deal can only be made by two or more people.
  2. Give or accept an offer: The offer has to come from one person to the other.
  3. The person or people to whom the suggestion was made must fully understand all of its terms and conditions.
  4. Acceptance: The person who was offered something must accept it and agree to all of its rules.
  5. Promise: If the plan is accepted, it turns into a promise or an accepted proposal. A suggestion is not the same thing as a promise; a promise only happens when the proposal is accepted.
  6. Consideration: When you agree to something, you have to pay something in exchange for it. This is called “consideration.”

Types of contracts

  1. Written agreement: Agreements are made in a certain way, which is called a written agreement. It has some rules and conditions that both sides agree to in exchange for something.
  2. Oral agreement: This is an oral agreement, which is made up of actions and words that are decided upon through spoken language.

In short:

  1. Agreement is when an offer is accepted.
  2. Agreement: a promise that is accepted and can be enforced by law.

What does a contract say?

A contract is a deal that can be enforced by the law. You can’t call a deal a contract until it is backed by the law. An deal that both sides agree to and that the government will enforce is called a contract. It gives everyone involved certain rights and duties that they must carry out. There are different kinds of deals, but all of them are not Contracts.

Types of a contract

  1. Valid Contract: A contract is valid if it has all of the necessary parts.
  2. Void Contract: A contract is void if it was never valid to begin with and cannot be enforced by law. It can’t be enforced.
  3. Voidable contract: It’s not the same thing as a blank contract. A voidable contract is still a contract. The sides can either agree to or disagree with this contract. At first, this contract is valid, but later, both sides will be able to choose whether to go ahead with it or not. If there is a problem with it, anyone can ask for it to be thrown out.

If the issue, terms, or conditions of a contract are not acceptable to society and the contract itself is already illegal, it is said to be illegal.

Breach (Cheating) of contract

When one of the parties to a contract doesn’t follow the terms and conditions agreed upon in the contract, this is called breach of contract. One way this can happen is if certain terms and conditions in the Contract are not met. The breaking of contract can be worked out between the parties, and if that doesn’t work, they can go to court.

Three things must happen for a contract to be broken:

  1. If one person doesn’t meet certain standards within a certain amount of time,
  2. If the party doesn’t follow the Contract,
  3. If the party doesn’t do what they said they would do.

It is a legal wrong to breach a contract. If someone breaks the contract, they could be sued.

ON DEMAND NEWZ

ON DEMAND NEWZ

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