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    Presentation1 (1) Sakin

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    Presentation1 (1) Sakin

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    Presentation1[1] sakin

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    5 views7 pages

    Presentation1 (1) Sakin

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    Essentials of Valid

    Contract
    NAME:
    Mehrajun Sakin

    Registration No:
    23111038

    Faculty:
    Nazia Wahab
    Offer and acceptance are fundamental concepts in contract law. An offer is a promise by one party
    to do something or refrain from doing something in exchange for something of value from another
    party. Acceptance occurs when the party to whom the offer is made agrees to the terms of the offer.

    Illustration: Wasit offers to sell his bicycle to Nishita for $100.


    Nishita agrees to buy wasit's bicycle for $100.
    In this scenario, Wasit’s offer to sell the bicycle constitutes the offer, and Nishita’s agreement to
    represents acceptance. Once Nishita accepts the offer, a contract is formed between Wasit and
    by its terms.

    ‘Related section: Section 2(A) of Contract Act ,1872’


    In order for a contract to be enforceable, the parties involved must have a mutual
    intention to enter into a legally binding agreement. This, means that both parties must
    intend for their agreement to create legal rights & obligations that can be enforced by a
    court of law.

    Illustration: If two friends (Afia & Nila) agree to meet for coffee, there is usually no
    intention to create legal relations because it's a social arrangement rather than a

    Related section: Section 10 of Contract Act ,1872


    Consideration is something of value
    (e.g..,money, goods, services, a promise to do or not to do something) that is
    exchanged between parties to a contact. It should be a lawful consideration.

    Illustration: Wasit agrees to sell his bicycle to Nishita for $100. In return, Nishita
    agrees to pay Wasit $ 100 for the bicycle. Here, the bicycle is the subject matter of
    exchange money from Nishita to Wasit & the transfer of the bicycle from Wasit to
    consideration.

    ‘Related section: Section 2 (D) of Contract Act 1872’


    Capacity of the parties refers to their legal ability or competency to enter into a contract.
    Under contract law, certain individuals of entities may lack the capacity to enter into a
    binding agreement, either due to their age, mental condition or status.

    Illustration: Emma, who has been declared mentally incompetent by a court, agrees to
    sell her car to Michael. Since Emma lacks the mental capacity to understand the nature
    contract, the contract may be voidable at Emma's opinion.

    ‘Related section: Section 11 of Contract Act 1872’


    Free consent, in legal terms, refers to the voluntary agreement of parties to a contract, without
    any undue influence, coercion, misrepresentation, or fraud. It means that each party enters into
    the contract willingly and with a clear understanding of its terms and implications.

    Illustration: If someone signs a contract under threat of physical harm, their consent is not free
    because it was obtained through coercion.

    ‘Related section: Section 13 & Section 14 of Contract Act, 1872’


    Facts: The case involved a husband, Mr. Balfour, promising to pay his wife, Mrs. Balfour, a monthly
    allowance while she remained in England while he worked in Ceylon (now Sri Lanka). However, when
    stopped making the payments.

    Issues raised:

    i) Whether it was a valid contract or not ?


    ii) Domestic under the scope of contract?

    Judgement: it's a void contract.

    Reasoning: The court's reasoning behind the judgment in Balfour v. Balfour was primarily based on the
    concept of domestic agreements lacking the necessary intention to create legal relations. In other words,
    within a domestic or social context, there is often a presumption that they do not intend for those
    It didn't become a valid contract because one of the essential elements for a valid contract, 'intention to
    According to section 10 of Contract Act, 1872.

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