Essentials of A Valid Contract

Essentials of a valid contract.
What is a contract?
A contract is an agreement that can be enforceable by law. An agreement is an offer and
its acceptance. An agreement which can be enforceable by law must have some essential
elements. According to Section 10 "All agreements are contracts if they are made by the
free consent of the parties competent to contract, for a lawful consideration and with a
lawful object, and are not hereby expressly declared to be void" As per the above section, a
contract must have the following elements.
1. Intention to create legal relationship.
2. Lawful object
3. Agreement not expressly declared void
4. Proper offer and it s acceptance
5. Free Consent
6. Capacity of parties to contract
7. Certainty of meaning.
8. Possibility of performance.
9. Lawful consideration
10. Legal formalities
Intention to create legal relationship: The parties entering into a contract must have an
intention to create a legal relationship. If there is no intention to create a legal relationship,
that agreement cannot be treated as a valid contract. Generally there is no intention to
create a legal relationship in social and domestic agreements. Invitation for lunch does not
create a legal relationship. Certain agreements and obligation between father and daughter,
mother and son and husband and wife does not create a legal relationship. An agreement
wherein it is clearly mentioned that "This agreement is not intended to create formal or legal
agreement and shall not be subject to legal jurisdiction in the law of courts." cannot be
treated as a contract and not valid.
Lawful Object: The objective of the agreement must be lawful. Any act prohibited by law
will not be valid and such agreements cannot be treated as a valid contract. A rents out his
house for the business of prostitution or for making bomb, the acts performing there are
unlawful. Hence such agreement cannot be treated as a valid contract. Therefore the
consideration as well as the object of the agreement should be lawful.
Agreement not expressly declared void: Section 24 to 30 specify certain types of
agreement which have been expressly declared void. For example Restraint of marriage
which has been expressly declared void under Section 26. If John promises to pay $50 to
Mary if she does not marry throughout her life and Mary promise not to marry at all. But this
agreement cannot be treated as a valid contract owing to the fact that, under section 26
restraint of marriage expressly declared void. Some of the agreement which have been
expressly declared void are agreement in restraint of legal proceedings, agreement in
restraint of trade, agreement in restraint of marriage and agreement by way of wager.
Proper offer and it s acceptance: To create a valid contract, there must be two or more
parties. One who makes the offer and the other who accepts the offer. One person cannot
make an offer and accept it. There must be at least two persons. Also the offer must be
clear and properly communicated to the other party. Similarly acceptance must be
communicated to the other party and the proper and unconditional acceptance must be
communicated to the offerer. Proper offer and proper acceptance should be there to treat
the agreement as a contract which is enforceable by law.
Free Consent: According to section 14, consent is said to be free when it is not caused by

(i) coercion, (ii) undue influence (iii) fraud, (iv) misrepresentation, or (v) mistake. If the
contract made by any of the above four reason, at the option of the aggrieved party it could
be treated as a void contract. If the agreement induced by mutual mistake the agreement
would stand void or canceled. An agreement can be treated as a valid contract when the
consent of the parties are free and not under any undue influence, fear or pressure etc. The
consent of the parties must be genuine and free consent.
Capacity of parties to contract: Parties entering into an agreement must be competent
and capable of entering into a contract. If "A" agrees to sell a Government property to B and
B agrees to buy that property, it could not treated as a valid agreement as A is not
authorized or owner of the property. If any of the party is not competent or capable of
entering into the agreement, that agreement cannot be treated as a valid contract.
According to Section 11 of the Act which says that every person is competent to contract
who is of the age of majority according to the law to which he is subject and who is of sound
mind, and is not disqualified from contracting by any law to which he is subject. So it is clear
that the party must be of sound mind and of age to enter into a valid agreement which can
be treated as a valid contract.
Certainty of meaning: Wording of the agreement must be clear and not uncertain or

vague. Suppose John agrees to sell 500 tones of oil to Mathew. But, what kind of oil is not
mentioned clearly. So on the ground of uncertainty, this agreement stands void. If the
meaning of the agreement can be made certain by the circumstances, it could be treated as
a valid contract. For example, if John and Mathew are sole trader of coconut oil, the
meaning of the agreement can be made certain by the circumstance and in that case, the
agreement can be treated as a valid contract. According to Section 29 of the Contract Act
says that Agreements, the meaning of which is not certain or capable of being made
certain, are void.
Possibility of performance: As per section 56, if the act is impossible of performance,
physically or legally, the agreement cannot be enforced by law. There must be possibility of
performance of the agreement. Impossible agreements like one claims to run at a speed of
1000km/hour or Jump to a height of 100feet etc. would not create a valid agreement. All
such acts which are impossible of performance would not create a valid contract and cannot
treated as a valid contract. In essence, there must be possibility of performance must be
there to create a valid contract.
Lawful consideration: An agreement must be supported by a consideration of something

in return. That is, the agreement must be supported by some type of service or goods in
return of money or goods. However, it is not necessary the price should be always in terms
of money. It could be a service or another goods. Suppose X agrees to buy books from Y
for $50. Here the consideration of X is books and the consideration of Y is $50. It can be a
promise to act (doing something) or forbearance (not doing something). The consideration
may be present, future or can be past. But the consideration must be real. For example If
John agrees to sell his car of $ 50000 to Peter for $20000. This is a valid contract if John
agrees to sell his car not under any influence or force. It can be valid only if the
consideration of John is free. An agreement is valid only when the acts are legal. Illegal
works like killing another for money, or immoral works or illegal acts are cannot be treated
as a valid agreement. So, illegal works will not come under the contract act.
Legal formalities: The contract act does not insist that the agreement must be in writing, it
could be oral. But, in some cases the law strictly insist that the agreement must be in writing
like agreement to sell immovable property must be in writing and should be registered under
the Transfer of Property Act, 1882. These agreement are valid only when they fulfill the
formalities like writing, registration, signing by the both the parties are completed. If these
legal formalities are not completed, it cannot be treated as a valid contract.
Most important essentials of a valid contract are mentioned above. These elements should
be present in a contract to make it a valid contract. If any one of them is missing we cannot
treat that agreement as a valid contract.

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Essentials of a valid contract.

1. Intention to create legal relationship.

2. Lawful object

3. Agreement not expressly declared void

4. Proper offer and it s acceptance

5. Free Consent

6. Capacity of parties to contract

7. Certainty of meaning.

8. Possibility of performance.

9. Lawful consideration

10. Legal formalities

Free Consent: According to section 14, consent is said to be free when it is not caused by

Certainty of meaning: Wording of the agreement must be clear and not uncertain or

Lawful consideration: An agreement must be supported by a consideration of something

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