Indian Contract Act, 1872 – Essentials & Types
1. Introduction
The Indian Contract Act, 1872 defines and governs contracts in India. It is divided into two
parts: General Principles (Sections 1–75) and Special kinds of contracts (e.g., contract of
indemnity, guarantee).
2. Essentials of a Valid Contract [Section 10]
- Offer and acceptance
- Free consent
- Lawful consideration and object
- Competency of parties
- Not declared void
- Legal relationship intention
3. Offer and Acceptance
- Offer [Section 2(a)]: Proposal made by one party.
- Acceptance [Section 2(b)]: When the offer is accepted.
- Communication rules: Effective when communicated.
4. Types of Contracts
- Valid, Void, Voidable
- Express and Implied
- Executed and Executory
- Unilateral and Bilateral contracts
5. Free Consent [Section 13-19]
Consent is free when not caused by:
- Coercion, Undue Influence, Fraud, Misrepresentation, Mistake.
6. Breach of Contract and Remedies
- Compensation for loss/damages [Section 73]
- Specific performance (under Specific Relief Act)
- Rescission and restitution
7. Important Case Laws
- Carlill v. Carbolic Smoke Ball Co. (1893)
- Lalman Shukla v. Gauri Dutt (1913)
8. Conclusion
Understanding contract law is essential for all legal and commercial dealings.