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 S. 2 (e) Every Promise and every set of

promises, forming the consideration for
agreement
each other is an agreement
 3
 of a
Agreeme

. Val  Agreeme

2. Vo  Agreeme

. E
forceable Agreeme

. Vo able Agreeme

. U
e
forceable Agreeme

. Illegal Agreeme

 

a

1. Offer and acceptance
2. Consideration lawful consideration with lawful
object
3. Capacity of the parties
4. Free and genuine consent
5. An agreement must not be expressly declared to
be void.
6. Writing and Registration, if so required by law.
7. Legal relationship
8. Certainty
9. Possibility of performance
10. Enforceable by law





D  S. 2 (a) When one person signifies to another his willingness
to do or to abstain from doing anything, with a view to obtaining the
assent of that other to such act or abstinence, he is said to make a
proposal.
D 

   

2. Beyond expression of willingness, there must be something in the nature
of a request
2. Proposer cannot dictate terms.
3. An offer must be intended to create and capable of creating legal
relations.
4. A mere statement of intention does not constitute a binding promise.
5. The words used must apply to definite persons to create legal relations
6. The terms of offer must be certain and unambiguous
7. An offer can be express or implied from the circumstances
8. An offer must be communicated to an offeree.
9. An offer may be conditional but the conditions must be clearly
communicated
2 . The person making it should intend to be bound by it as soon as it is
accepted by the other





D 


S.2 (b) when the person to whom the proposal is
made signifies his assent thereto, the proposal is said to be
accepted becomes a promise.
D 

 



2. Acceptance must be absolute and unqualified.
2. Acceptance must be expressed in some usual and reasonable
manner.
3. Mental acceptance is not sufficient in law
4. Acceptance must be communicated
5. Acceptance of the proposal: (absolute)
6. Acceptance of the proposal need not always be expressed in
words
7. Acceptance must be by a certain person
8. If the act is done in ignorance of the proposal, it is no acceptance
of the proposal
9. Acceptance must be given within a reasonable time.
2 . Acceptance must be given before the offer lapses or is revoked
or is withdrawn.
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|ssentials of a valid consideration

2. Consideration must move at the desire of the promisor
2. Consideration may move from the promisee or any other
person stranger
3. Consideration may be past, present, or future
4. Consideration may be an act of doing or abstaining from
doing something or it may be an act of forbearance or
abstinence.
5. Consideration need not be adequate
6. Consideration must be real and not illusory
7. Consideration must not be unlawful, illegal or immoral or
opposed to public policy
8. Performance of existing obligation is no consideration
9. Forbearance to sue is a good consideration
 a

  



 


|xceptions to the rule No consideration no

contract
2. An agreement made on account of natural
love and affection
2. Promise to compensate for past voluntary
services
3. Promise to pay time barred debts
4. Gifts
 
 



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2
inors contract is void ab initio (absolutely void) 
ohori
Bibi v/s Dharmodas Ghosh(2
Ghosh(2 Cal )]
2 pecific performance of a minors contract
contract
 atification to the minors contract
4 alse representation by a minor
5 Estoppel is a rule of evidence When a man has by words,
Estoppel
spoken or written, or by conduct, induced another to
believe that certain state of things exists, he will not be
allowed to deny the existence of that state of things This
rule does not apply to minor
6
iability of a third person
7 nsolvency
8
inors marriage valid on ground of community custom
 ervice contracts
 Contract by persons of unsound
mind
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Coercion Coercion is committing, or
threatening to commit any act forbidden
by Indian Penal Code, or an unlawful
detaining, or threatening to detain any
property, to the prejudice of any person
whatever, with the intention of causing
any person to enter in to an agreement
  
 
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 An erroneous belief about
something is called mistake.
When an agreement is entered into
under a mistake, consent is not
free
 Mistake is of two kinds
(i) Mistake of fact
(ii) Mistake of law
 
  

 2. Bilateral or mutual
mistake
 2. Unilateral mistake
 Mistake as to identity of a
person
 Mistake as to subject matter
 


 


 Any person who has received any
advantage under the agreement is
bound to restore it, or to make
compensation for it to the person
whom he received it
 A person to whom money has been
paid or anything delivered by
mistake must repay or return it
An agreement must not be
expressly declared to be void
* Expressly declared Void Agreements
1. Agreements in restraint of marriage
2. Agreements in restraint of trade
3. Agreements in restraint of Legal proceedings
4. Agreements, the meaning of which is uncertain
5. Agreements by way of wager
6. Agreements contingenet to an uncertain future event if the
event becomes impossible
7. Agreement contingent to an impossible event
8. Agreements to do impossible act
9. Agreements to do an act which is subsequently
immpossible
  






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