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CA Foundation · Business Laws + Business Correspondence

Indian Contract Act, 1872 — General Principles

Chapter 1 · 0 formulas · 5 exam-critical pointers

Core concepts

  1. 01Contract = Agreement + Enforceability by law (Sec 2(h)).
  2. 02Essentials: offer, acceptance, consideration, capacity, free consent, lawful object, not declared void.
  3. 03Offer (Sec 2(a)): proposal made with intent to obtain assent.
  4. 04Acceptance (Sec 2(b)): must be absolute, unqualified, communicated.
  5. 05Consideration (Sec 2(d)): something in return; past, present or future; need not be adequate.

Flowchart

Offer ---> Acceptance ---> Promise | v Consideration | v Agreement | (Lawful + Capacity + Free Consent) | v CONTRACT

Exam-critical pointers

  • Stranger to contract cannot sue (privity); exceptions: trust, marriage settlement, family arrangement.
  • Communication of offer complete when it comes to knowledge of offeree.
  • Free consent: NOT caused by coercion, undue influence, fraud, misrepresentation, mistake (Sec 14).
  • Agreement with minor is void ab initio (Mohori Bibee v. Dharmodas Ghose).
  • Quasi-contract under Secs 68-72 — obligation without agreement.

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