Offer and acceptance :
For a valid contract,Their must be an offer made by one party and should be accepted from the other party.The offer must be enforceable.Example :
A agrees to sell his Sony Vivo Laptop for rupees 55,000 to B,A has an offer and if B accepts,Its an acceptance given by B.
Legal obligation :
For a valid contract,Both the offerer and offeree must creat legal obligation.Both the parties should fulfil their side of promises,in order to save themselves from breach.Example :
A has offered his Sony Vivo Laptop for rupees 55,000 to B.B agreed.This has created a legal relationship.Both have made a promise.
Lawful consideration :
For a valid contract,consideration may be some benefit to other party.It is a price paid for the promise made by one party to another.contract will be valid when both parties get something.Example:
A agrees to sell his Laptop Rs,55,000 to B.B accepts.Now Rs,55,000 is a consideration for A and the Laptop is a consideration for B.It must be lawful.
Capacity of parties :
A contract is valid only when both parties are normal.They should not be insane or mental.
Example :
A aged 20 has promised to sell his Laptop to B for 55,000.It is a valid contract because A is competent.
Free consent :
A contract is valid only when both the parties agree on the same things in same sense and manner.consent must be free.
Example:
A offers his Laptop for 55,000 to B.B knowing the conditions accepted.This makes the consent free.
Lawful object :
A valid contract also demands that,The object for which contract is being made should not be illegal,immoral and against public.
Example :
A agrees to sell his Laptop to B.B accepts.Now the object is completley legal as A has all the documents of the particular object.
Writing and registration :
A contract may be oral or written.It depends on value of the asset.The more the value,the more chances of getting into a written form.
Example :
As we know,The value of asset consumed by A is 55,000.So,The contract is being made in written form for B.The value is high enough to put the contract in writing.
Certainity of terms :
A valid contract also demands that asset must be specified,Full information should be given.
Example :
A has 2 Laptops of Sony Vivo.he has fully specified that which one out of 2 is offering to B.he has given every detail to B,which then made B to accept.
Ability of performance :
The valid contract must be capable of being performed.
Example :
A agrees to sell his Laptop to B.It is something that can performed.
Essentials of valid contract
Reviewed by Unknown
on
February 05, 2010
Rating:
that was great,i got what i wanted
ReplyDeleteIt is very short and some points missing
ReplyDelete