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What is the definition of a contract according to the Indian Contract Act, 1872?
What is the definition of a contract according to the Indian Contract Act, 1872?
- An agreement enforceable by law (correct)
- An agreement maintained by the government
- An agreement backed by authority and power of the state
- An agreement with exacted laws
Which of the following is not considered an essential element of a contract?
Which of the following is not considered an essential element of a contract?
- Performance of contract (correct)
- Offer and acceptance
- Free consent
- Legality of object
Under the Indian Contract Act, 1872, what is the significance of contractual capacity?
Under the Indian Contract Act, 1872, what is the significance of contractual capacity?
- It refers to the capacity to negotiate the terms of the contract
- It refers to the capacity of the government to enforce contracts
- It refers to the financial capacity of the parties involved
- It refers to the mental capacity of the parties to enter into a contract (correct)
Which branch of law is not dealt with under the Indian Contract Act, 1872?
Which branch of law is not dealt with under the Indian Contract Act, 1872?
What is the scope of the Indian Contract Act, 1872 in terms of geographical coverage?
What is the scope of the Indian Contract Act, 1872 in terms of geographical coverage?
Flashcards
Definition of a contract (Indian Contract Act, 1872)
Definition of a contract (Indian Contract Act, 1872)
An agreement enforceable by law.
Contractual capacity
Contractual capacity
The mental capacity of parties to enter into a contract.
Branch of law not covered
Branch of law not covered
The Indian Contract Act, 1872 does not deal with criminal law.
Geographical coverage of the Indian Contract Act, 1872
Geographical coverage of the Indian Contract Act, 1872
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Not an essential element of a contract
Not an essential element of a contract
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Study Notes
Definition of a Contract
- A contract is an agreement enforceable by law, consisting of mutual promises between two or more parties to do or refrain from doing something.
Essential Elements of a Contract
- The essential elements of a contract include offer, acceptance, consideration, legal capacity, free consent, lawful object, and certainty.
- An informal agreement lacking these elements is not considered a contract under the Indian Contract Act, 1872.
Significance of Contractual Capacity
- Contractual capacity refers to the legal ability of parties to enter into a contract.
- Individuals must be of sound mind, of legal age (generally above 18 years), and not disqualified by law to ensure they can create binding agreements.
- Contracts made by those who lack capacity, such as minors or mentally unsound individuals, are generally voidable.
Branches of Law Not Dealt With
- The Indian Contract Act, 1872 does not cover tort law, which addresses civil wrongs not arising from contractual obligations.
- Other areas such as property law, employment law, and specific commercial contracts are also outside its scope.
Geographical Coverage of the Indian Contract Act
- The Act applies across India, including all Union Territories, but excludes the state of Jammu and Kashmir (now under Union Territory governance).
- It governs contracts formed within these regions, regardless of the nationality of the parties involved.
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