CPT NOTES
MERCANTILE LAW
INDIAN CONTRACT ACT
- Its comes into existence on 1st September 1872.
- passed by Parliament
- Applicable to whole India except Jammu and Kashmir.
- OFFER (when accepted) become PROMISE (when provide consideration) become AGREEMENT (when enforceable by law) become CONTRACT
- TYPES OF CONTRACT-
- valid contract-legally perfect contract.
- void contract- it is not enforceable by law.
- voidable contract-the contract become void by the option of defective party
- wagering contract-it is an agreement involving payment a sum of money upon the determination of uncertain events.
- contingent contract-contract is depends upon the happening and non happening of another event
- quasi contract-it is not an actual contract but it resembles to a contract.it is one sided contract.
- expressed contract-contract that is expressed in written or oral
- implied contract-contract that not need to express.it is implied to follow.
- unenforceable contract-contract which is valid itself but is not capable of enforcibility of law because of some technical defects.
- tacit contract-contract in which one person make contract with another indirectly through machines of another unspoken way
- executed contract-when both parties to the contract have completely performed their share of obligation is called executed contract
- executory contract-in this both the obligations are remain outstanding
- unilateral contract-when one party's obligation is remain outstanding.
- ESSENTIAL ELEMENTS OFA VALID CONTRACT
- Proper offer and acceptance.
- lawful consideration
- capacity of parties
- free consents
- lawful objects
- possibilities of performance
- not declare void
- necessary legal formalities.
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