Essentials Of A Valid Agreement

Pollock – “Any agreement and promise are enforceable by law.” In order to give a complete picture of what constitutes a valid contract, this entry covers two important areas of contract law: (A) the essential elements of the contract and (B) contractual practice. There are more aspects to a valid treaty than accepting a few conditions and signing a sheet of paper. Indeed, a valid contract consists of several elements and, if one of the necessary elements is neglected, the contract could be considered null and void. Section 10 provides the conditions necessary for the validity of a contract. if a person tells another person that he or she is willing to do or not to do anything to obtain the consent of such a person to such an act or abstinence, he or she is told that he or she is making a proposal or offer.¬†As a general rule, when one party indicates to another party its intention to obtain the agreement of another party, the offer of conditions is whether or not to do so. To establish a legitimate contract, it must be communicated, Section 4 of the Act stipulates that if the proposal is submitted with the knowledge of a person for whom it is made, such a proposal is communicated. The social invitation is not considered an offer, because such an invitation does not create any legal relationship. Acceptance of an offer must result in a valid contract and such acceptance gives rise to a legal relationship. The offer must be clear and unequivocal. Illustration: A B offer to buy your car is an offer. In Carlill v. Carbolic Smoke Balls Company[2], it was found that Ms. Carlill was entitled to the reward, as the advertisement constituted a general offer of a unilateral contract by fulfilling the conditions set out in the offer she accepted.

In Felthouse v. Bindley[3] Offer cannot indicate silent mode as a mode of acceptance. In the contract, after the acceptance of the offer should be there by the party to form the contract. Section 2 (b) of the Act defines acceptance when the person to whom the proposal is submitted makes such an offer and the offer must be accepted. The offer should be accepted unconditionally by the bidder to whom the offer is made, it will be accepted. If the offer is accepted, it becomes a commitment and constitutes an agreement. There must be consensus-ad-idem (meeting of minds), that is, that the promises and promises must think of the same thing in the same direction, while proposing and adopting the proposal. Acceptance can be made in the express or implied form. If the parties negotiate or discuss the agreement, it is not said that it will be accepted. Adoption must take place within a reasonable time and must be communicated to the supplier, but silence is not an assumption. Section 4 of the Act stipulates that the adoption must be completed.

Acceptance must be complete when it has entered the supplier`s knowledge. Before the acceptance communication closes, the commitment may revoke the acceptance, but not at the end of the notification of that acceptance. Illustration: A wants to sell his house to B for 70 points. B accepts the offer, but makes his condition that he buy the house for Rs 50 Lakhs, it is not just to accept the offer, because this assumption also has the condition. Acceptance must be exempt from any conditions. In Lalman Shukla v. Gauri Dutt, it was found that the hypothesis had to be communicated in order to convey to the mere knowledge of such a presumption that this does not constitute acceptance.

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