Essential Conditions For valid Contract in India :-

INTRODUCTION :-.

To understand the essential for a valid Contract it is first necessary to know the meaning of contract . Contract is define under section 2(h) of the Indian Contract Act 1872 that “An agreement which is enforceable by law is a contract “. All agreement is not contract but all contract is agreement . Agreement is given under section 2(e) of the Indian Contract Act 1872 that Every promise and every set of promise , forming the consideration for each other is an agreement.

CONDITIONS :-. There are some important conditions for forming a contract and these conditions must be fulfilled at the time of making the contract . Section 10 of the Indian Contract Act 1872 given the essential elements .

1.). OFFER + ACCEPTANCE :-. In a contract there must be offer and acceptance . One party given the offer to another party and then another party accept that offer .

3. ). COMPETENCY :-. In a contract the parties must be competent to forming a contract . According to Section 11 of the Indian Contract Act the parties must be major , sound mind and not disqualified by any law . If parties are not competent then that contract shall be void . Example :-. A’ is a 15 year’s old boy sign an agreement with B ‘ , here this is not a valid Contract because of one party is minor and minor is not eligible to forming a contract.

2.). FREE CONSENT. :-. In a valid Contract there must be free consent of the parties . Consent not taken by the coercion , fraud , undue influence , misrepresentation , mistake etc . If the consent taken by the coercion , fraud , undue influence like that , then that shall be voidable . Example :-. A’ threatened to B’ to sign an agreement . Here is not free consent of B . Then this is not come under the valid Contract .

4. ). LAWFUL CONSIDERATION :-. In a contract the consideration must be lawful if the consideration is unlawful then contract shall be void .

5. ). LAWFUL OBJECT :-. In a contract the object to forming the contract must be lawful and not prohibited by any law . If the object to forming a contract is unlawful then that contract shall be void . Example :-. A ‘ forming a contract to deliver the drugs to B’ then here object is unlawful because of drugs is prohibited .

6. ). Another thing that whatever in the contract not declared void .

At last these conditions must be fulfilled by the parties in making the contract.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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