indian contract act,1872 presented to:- dr. rajendra mishra presented by:- rajat rekhi (24-mba-07)
TRANSCRIPT
INDIAN CONTRACT ACT,1872INDIAN CONTRACT ACT,1872
Presented To:- Presented To:-
Dr. RAJENDRA MISHRADr. RAJENDRA MISHRAPresented By:-Presented By:-
RAJAT REKHI (24-MBA-07)RAJAT REKHI (24-MBA-07)
INTRODUCTIONINTRODUCTION
HISTORYHISTORY Came into existence on 1Came into existence on 1stst September ,1872 September ,1872 Applicable throughout India Except Jammu Applicable throughout India Except Jammu
and Kashmir.and Kashmir. Concerned with :-Concerned with :-
1)1) Right in Right in Personam.Personam.
2)2) Right in Right in Rem.Rem.
OBJECTIVE OBJECTIVE Rights and Obligations arising out of the Rights and Obligations arising out of the
contract are Honoured.contract are Honoured. Remedies are available to aggrieved persons Remedies are available to aggrieved persons
of contract.of contract.
DEFINITIONDEFINITION
It is an agreement which creates and defines It is an agreement which creates and defines obligation between the parties, will be enforced obligation between the parties, will be enforced by Court of law.by Court of law.
According to HALSBURY;According to HALSBURY; “ “An agreement between two or more persons An agreement between two or more persons
which is intended to be enforceable at law & is which is intended to be enforceable at law & is constituted by the acceptance by one party of an constituted by the acceptance by one party of an offer made to him by the other party to do or to offer made to him by the other party to do or to abstain from doing some act.” abstain from doing some act.”
AGREEMNETLEGAL
OBLIGATION
EXAMPLES OF CONTRACTEXAMPLES OF CONTRACT
PURCHASING MILK PURCHASING GROCERY
BOARDING AND PAYING FARE PURCHASING A NEWSPAPER
COMPONENTS OF CONTRACTCOMPONENTS OF CONTRACT
AGREEMENTAGREEMENTIt come into existence when party offers or make a proposal to the other It come into existence when party offers or make a proposal to the other
party and the other party accepts it, an accepted proposal or a party and the other party accepts it, an accepted proposal or a promise.promise.OFFER OFFER ACCEPTANCEACCEPTANCE AGREEMENT AGREEMENT
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LEGAL OBLIGATIONLEGAL OBLIGATIONIt is an undertaking to do or to abstain from doing some definite act. It is It is an undertaking to do or to abstain from doing some definite act. It is
enforceable by law.enforceable by law.EXAMPLE :- EXAMPLE :- BALFOUR V. BALFOURBALFOUR V. BALFOUR
ESSENTIAL OF VALID CONTRACTESSENTIAL OF VALID CONTRACT
OFFER AND ACCEPTANCE.OFFER AND ACCEPTANCE. LAGAL RELATIONSHIP.LAGAL RELATIONSHIP.
CONSENSUS AD IDEM.CONSENSUS AD IDEM.
COMPETANCY OF PARTIES .COMPETANCY OF PARTIES .
FREE CONSENT.FREE CONSENT.
LAWFUL CONSIDERATION.LAWFUL CONSIDERATION.
LAWFUL OBJECTLAWFUL OBJECT
ESSENTIAL OF VALID CONTRACTESSENTIAL OF VALID CONTRACT NOT DECLARED TO BE VOID.NOT DECLARED TO BE VOID.
CERTAINTY AND POSSIBILITY OF PERFORMANCE.CERTAINTY AND POSSIBILITY OF PERFORMANCE.
LEGAL FORMALITIES.LEGAL FORMALITIES.
CLASSIFICATION OF CONTRACTCLASSIFICATION OF CONTRACT
CONTRACTCONTRACT
ENFORCEABILITYVALID CONTRACTS
VOID CONTRACT VOID AGREEMENTSVOIDABLE CONTRACTSUNFORCEABLE CONTRACTSILLEGAL CONTRACTS
ENFORCEABILITYVALID CONTRACTS
VOID CONTRACT VOID AGREEMENTSVOIDABLE CONTRACTSUNFORCEABLE CONTRACTSILLEGAL CONTRACTS
FORMATIONEXPRESS CONTRACTSIMPLIED CONTRACTSQUASI CONTRACTS
FORMATIONEXPRESS CONTRACTSIMPLIED CONTRACTSQUASI CONTRACTS
PERFORMANCEEXECUTED CONTRACTSEXECUTORY CONTRACTS
ORUNILATERAL CONTARCTSBILATERAL CONTRACTS
PERFORMANCEEXECUTED CONTRACTSEXECUTORY CONTRACTS
ORUNILATERAL CONTARCTSBILATERAL CONTRACTS
PRACTICAL EXAMPLEPRACTICAL EXAMPLEHINDUSTAN COPPER LTD.,KOLKATA
PRACTICAL EXAMPLEPRACTICAL EXAMPLE
PRACTICAL EXAMPLEPRACTICAL EXAMPLE
PRACTICAL EXAMPLEPRACTICAL EXAMPLE
THANK YOU!THANK YOU!