Contract

Specific type of Agreement mentioning terms and conditions and is legally binding as well as enforceable in court of law. Section 2 (h) of Indian Contract Act 1872 defines Contract as “An Agreement enforceable by law.”

“Agreement” under Contract Act 1872 of Section 2 (e) is defined as, “every promise and set of promises, forming consideration for each other.”

1. Mutual Assent

Parties must enter into a contract with their own free will and shall agree on the same terms with equal knowledge and understanding.

2. Offer and Acceptance

One party has something to offer and the other party is accepting the same.

3. Consideration

This means the value is exchanged by both parties. In case the value is not exchanged then it is considered a gift.

4. Capacity to contract

Each party shall be competent to sign the contract i.e. party should not be minor, unsound mind or under the influence of drugs or alcohol.

5. Legality to contract

The contract shall mention the valid subject matter i.e. it should not contain anything which is against public law or other policies formulated by the state or center.

1. On the basis of the formation

1. Implied Contracts:

These contracts do not involve any conversation or expression specifically but imply the duty of both the Parties.

2. Express Contracts:

These types of contracts specifically mention offer and acceptance and any expressions are clearly stated in that.

3. Quasi Contracts
         
There will be no offer and acceptance and no contractual relationship between parties but are created by virtue of law.

2. On the basis of consideration

1. Bilateral Contracts:

These contracts involve the exchange of consideration. One party delivers the goods or services and the other party pays consideration for that.

2. Unilateral Contracts:

In these contracts, an offer is made from one party that has to be accepted, and consideration is given in one direction.
 

3. On the basis of execution

1. Executed Contracts:

This means the task has been already completed and has been done in a lawful manner.

2. Executory Contracts:

This means that the task has not yet been performed but will be completed in the near future in a legal manner.
 

4. On the basis of validity

1.Valid Contracts:

These are contracts which are enforceable in court of law and shall fulfill all the prerequisites of the contract.

2. Void Contracts:

These are the contracts in which one or more than one prerequisite of the contract is missing.

3. Voidable Contracts:

These are contracts in which free consent of the party is missing and is made under some threat, coercion or pressure. These can become valid or void at any future incident at the option of the suffering party.

4. Illegal Contracts:

If the subject matter of the contract is illegal i.e. the object is not legal then the contract is illegal from the initiation.
 

“All Contracts are Agreements but all Agreements are not Contracts.”
 

LILA has a wide range of lawyers having expertise in contract drafting. We have a team of lawyers who are well versed with laws, proficient in negotiating with the clauses, and reaching amicable solutions.

Lead India has a panel of lawyers who are skilled and have expertise in drafting the contract as per client requirements keeping in mind the rights and obligations of both parties.

Lawyers here are trustworthy and respect the privacy of the clients and they ensure that legal document is structured properly. Every line is vetted accurately and effectively. Here lawyers draft flawless legal documents.