Concept of Contract Law

Jul 3, 2024

Legal Studies - Concept of Contract Law

Previous Class Recap

  • Practiced questions (25-30) on:
    • Structure of Indian Judiciary
    • Concept of Tort Laws
  • Important question practice from examination point of view

Today's Topic: Concept of Contract Law

  • Understanding the term Contract Law
  • Importance and relevance in daily life

Coverage of Contract Law Syllabus:

  1. What is a Contract?

    • Definition and Importance
    • Real-life examples (e.g., buying a car, house)
    • Purpose: Ensures mutual rights and obligations
    • Gives rise to claims in case of breach
  2. How is a Contract Formed?

    • Conditions to form a contract
    • Steps involved in formation
  3. Intention to Enter into a Contract

    • Significance of intention
    • Legal Binding Relationships
    • Case law example for understanding
  4. Agreement vs Contract

    • Difference between agreement and contract
    • Definitions: Agreement (Section 2(e)), Contract (Section 2(h))
  5. Offer, Proposal, and Acceptance

    • Importance of offer and acceptance in contract formation
    • Types of offers: General, Specific, Counter-offer
    • Examples to understand the concept
    • Offer and acceptance should be definite and communicated
    • Legal significance of communication in offer/acceptance

Essential Elements of a Valid Contract

  1. Offer and Acceptance

    • Defined under Section 2(a) and Section 2(b) respectively
    • Must be communicated and accepted without condition
  2. Consideration

    • Something in return (gives rise to an agreement)
    • Definition and example
  3. Enforceability

    • Agreement becomes a contract when enforceable by law
    • Case examples and scenarios

Practice Questions

  1. Required for Formation of a Valid Contract

    • Offer and acceptance must be definite and certain
    • Must be communicated
    • No conditions on acceptance
  2. Case Laws to Refer

    • Balfour vs Balfour
    • Carlill vs Carbolic Smoke Ball Company

Homework Questions

  1. Give examples of general offers.
  2. Is a counter-offer binding on the person who made the original offer? Explain why or why not.

Closing Notes

  • Recap key points: importance of contracts, formation steps
  • Significance of contract law in business and personal transactions
  • Encouragement to review NCERT book for deeper understanding
  • Read ahead topics for next class: free consent, consideration

Thank you, see you in the next class!