contract act 1872

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Page 1: Contract Act 1872
Page 2: Contract Act 1872

University Of Central Punjab

Punjab Group Of Colleges Kamoke

Corporate law

Presented By: Marvell League

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Page 3: Contract Act 1872

Con

trac

t &

Det

ails

Essentials of

contract

Performance of contract

Types of

contract

Page 4: Contract Act 1872

What is law?

COMMON

SENSE

Is

justLaw

Page 5: Contract Act 1872

Agreement

Enforceability

Contract

What is

Contract?

Relevant provision Section 2h

Page 6: Contract Act 1872

Agreement and Promise

Promise Consideration Agreement

Offer Acceptance Promise

Sec 2b

Sec 2e

Page 7: Contract Act 1872

Formation of contractOffer

Communication

Acceptance

Promise

Consideration

Agreement

Enforceability

Contract

Contract’sformation

Page 8: Contract Act 1872

Difference between

Agreement & Contract

AgreementOffer and its acceptance constitute an agreement

An agreement may or may not create a legal obligation

Every agreement need not necessarily be a contract

Agreement is not concluded or binding

ContractAgreement and its enforceability constitute a

contract

A contract necessarily create a legal obligation

All contracts are necessarily agreements.

Contract is concluded and binding on the concerned parties

Page 9: Contract Act 1872

Essentials of contract

Valid offer & acceptance

Oral or written

Parties’ competency

Legal Consideration

Legal relationship

Free consent of parties

Lawful objective

Legally and physically possible

Clarity of terms

Not declared to be void

Sec 10

Page 10: Contract Act 1872

Cont.……

Valid offer & acceptanceOral or writte

n

Minor

Mentally

unstable

Intoxicated

 Person

disqualified

by any law

Parties’ competency

Sec 11

Page 11: Contract Act 1872

Cont.……

Legal consideration

Something in return

Sec 23

Lawful objective

Not forbidden by

law

Not fraudulent

Not involves injury

Not immoral

Not opposed to

public policy

Sec 23

Legal relationship

Clarity of terms

Page 12: Contract Act 1872

Cont.……

Free consent of parties

Coercion (Sec 15)

Undue influence (Sec 16)

Mistake (Sec 20, 21, 22)

Mispresentation (Sec 18)

Fraud (Sec 17)

Sec 13 & 14

Legally and physically possible

Not declared to be void

Wagering contract

Contract with enemy

country

Smuggling

Sec 56

Page 13: Contract Act 1872

Performance of contract

Performance of contract

Refusal to perform promise

Refusal to accept offer

Page 14: Contract Act 1872

Cont.……

Actual performance

Attempted performance

All liabilities have been

performed by promisor

Agreement is due and promisee

refuses the performance by

promisor

Page 15: Contract Act 1872

Types of contractTypes of

contract

On basis of validity

On basis of formation

On basis of liability

On basis of performanc

e

Valid contract

Void contract

Void ab-initio

Voidable

Un-enforceable

Express

Implied

Quasi

Unilateral

Bi-lateral

Executed

Executory

Page 16: Contract Act 1872

Valid contract

Void contract

Void ab-initio

Voidable

Un-enforceable

On basis of validity

Cont.……All essential of contract are

fulfilled

Cannot be enforced by law

At first valid but becomes void due to certain reasons

Void from its very initial stage

Valid but cannot be enforced due to technical defect

Page 17: Contract Act 1872

Cont.……

On basis of formation

Express

Implied

Quasi

May be oral or written

Finder of lost goods

Not expressed but intentions show contract exists

Page 18: Contract Act 1872

Cont.……

On basis of

liability

On basis of performance

Unilateral

Bi-lateral

Executed

Executory

Obligation lies with one party

Obligation lies with both parties

Both parties have performed their promise

Promise is yet to performed by one party

Page 19: Contract Act 1872

Case lawLALMAN SHUKLA VS. GAURIDUTT

Gauridutt sent his servant Lalman to find his lost nephew. when the servant had left, Gauridutt announced reward to anyone, who will trace the boy. Lalman found the boy and brought him home . When Lalman came to know he claimed for reward.

Facts of case

Page 20: Contract Act 1872

Lalman’s plea was cancelled on the grounds that he can not accept the offer unless he is not aware of it.

Decision in this case

Cont.……

Offer was not communicated to the person demanding reward.

Page 21: Contract Act 1872

Case lawHARRISON VS. NICKERSON

An auctioneer advertised in a newspaper that a sale of office furniture would be held. A broker came from a distant place to attend that auction, but all the furniture was withdrawn. The broker thereupon sued the auctioneer for his loss of time and expenses.

Facts of case

Page 22: Contract Act 1872

Cont.……Decision in this case

A declaration of intention to do a thing did not create a binding contract with those who acted upon it, so that the broker could not recover.

Intentions do not result in formation of contract.

Page 23: Contract Act 1872

Thank you