Professional Documents
Culture Documents
ESSENTIALS OF
CONTRACT
All agreements are not contract but all
contracts are agreements
S.10:All agreements
are contracts if they
are made by the free
consent of parties
competent to
contract, for a lawful
consideration and
with a lawful object,
and are not hereby
ESSENTIALS OF A CONTRACT
TYPES OF CONTRACT
VALIDITY FORMATION PERFORMANCE
1
A promise to carry Bs goods free of charge and B
allows A to itcarry
Therefore the same. B does not offer any
can be
consideration
concluded that:towards A. is this a valid contract?
1.CONSIDERATION =
PROMISE/PERFORM
ANCE THAT PARTIES
EXCHANGE WITH
EACH OTHER
2.FORM OF
CONSIDERATION =
SOME BENEFIR,
RIGHT OR PROFIT
TO ONE PARTY/
SOME DETRIMENT,
LOSS OR
TOPICS TO BE COVERED
1.Legal requirements for
consideration
2.Exceptions to consideration
LEGAL RULES FOR
CONSIDERATION
1.
1.AT
ATTHE
THEDESIRE
DESIREOF
OFTHE
THEPROMISOR
PROMISOR
Acts done at
request
Kedar Nath vs Gorie Mohammed,1886 ILR
14 Cal 64
CWT vs Her Highness Vijayaba, (1979) 2
SCC 213
Promises of
Charitable Nature
Unilateral Promises
C. SANKARANARAYAN vs STATE OF
KERALA, AIR 1980 SC 1283
MULAMCHNAD vs STATE OF M.P, AIR
1968 SC 1218
MOTILAL PADAMPAL SUGAR MILLS vs
STATE OF U.P, AIR 1979 SC 621
STATE OF RAJASTHAN vs MAHAVIR OIL
MILLS, AIR 1979 SC 621
POURNAMI OIL MILLS vs STATE OF
KERALA, (1986)
ESTOPPEL OF LICENSEE
CHARGE
Khwaja Muhammad Khan vs
Hussaini Begum, (1910) 37 IA
152
Rana Uma Nath Bakhsh Singh vs
Jang Bahadur., AIR 1938 PC 245
Gregory & Parker vs Williams,
(1817) 36 ER 224
Touche vs Metropolitan Rly
Warehousing Co, (1871) 6 Ch App
TRUST
ACTUAL CONSTRUCTIV
E
FAMILY ARRANGEMENTS
Liability is outstanding on
both the sides
An act which has been
already been, or is in the
procss of being done.
4. such act, abstinence or promise is
4. such act, abstinence or promise is
called
calledconsideration
consideration