Conditions for
contract Agreement Consideration Enforceable by law
How is a contract made?
How is a contract made?
Proposer makes an unconditional offer to the other party. The other party accepts
the proposal and the proposal becomes a promise and the parties are now legally
promisor and promise The promise should have consideration; if the promise does
not have consideration then it is not enforceable by law Promise
What is a promise?
You can say in simple words
that promise is an accepted proposal.
When does the proposal become a
promise?
Proposal becomes a promise when
the proposal is accepted by the promise. If the proposal is accepted a contract
is made, but if the proposal is not made then the there is no contract.
Example:
Mr. A proposes to Mr. B that he
will teach him Economics and charge Rs 5000. There will be a contract if the
Mr. B accepts his proposal. If Mr. B refuses then Mr. A cannot ask for the Rs
5000 as the proposal was never accepted and it did not become a promise.
Proposal
Proposal is made
by the proposer and if this proposal is accepted by the other party it becomes
a promise and after this acceptance the conditions of the contract are binding
a on both parties. A mere proposal cannot give birth to a contract because the
proposal has to be accepted by the other party to form a contract.
Void
contact
Void contact A contract which
ceases to enforceable by lay becomes void when it ceases to be enforceable.
Voidable contract
Voidable contract An agreement
which is enforceable by at the option or on or more of the parties thereto, but
not at the option of the other or others, is a voidable contract
Contract
Contract An agreement
enforceable by law is a contract.
Void
agreement
Void agreement An agreement not
enforceable by law is a contract.
Reciprocal promises
Reciprocal promises Promises
which form the consideration or part of consideration for each other, is an
agreement.
Agreement
Agreement Every promise and
every set of promises, forming the consideration for each other, is an
agreement.
Consideration
When, at the desire of the
promisor, the promise or any other has done or abstained from doing or does or
abstains from doing, or promises to do or abstain from doing, something, such
act or abstinence or promise is called consideration for the promise.
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