Showing posts from July, 2016

Consent and Free Consent

Free Consent
Introduction: Sec 10 of contract act states "All agreements are contracts, if they are made by the free consent of parties".In order to make a valid contract it is necessary that there should be (a) Consent and (b) Free Consent. For the formation of a contract the parties should either have assented, or be deemed to have assented, to the same thing in the same sense. it is called consensus ad idem.
Free consent is one of the essentials of valid contract you can read other Essentials of contract here
Relevant Provisions:Sec 13 and 14 of the contract define "consent" and "free consent" respectively.
Meaning of consent: The term consent has been defined by many imminent scholars some definitions are as under:

(a) Webster's College Dictionary:
Consent means “to agree or to be willing to do something."
(b) Black's Law Dictionary:
Consent is "a concurrence (cooperation, union in action, agreement in opinion) of wills. It is "vo…

Essentials of valid contract

Contract and It's Essentials
Introduction: Contract is simply an agreement between two or more persons to do something.It is a legal relationship consisting of the rights and duties of the contracting parties; a promise or set of promises constituting an agreement between the parties that gives each a legal duty to the other and also the right to seek a remedy for the breach of those duties.Contract Act 1872 contains the law relating to contracts.It provides the rules relating to commercial transactions and determines the circumstances in which promises made by the parties to a contract shall be legally binding on them.It is a very important branch of mercantile law.
Meaning and Definition of Contract: 1. Salmond: Contract is "an agreement creating and defining obligations between the parties". 2. William Anson: A contract is an agreement enforceable at law, made between two or more persons. 3. Sir Chitty: Contract is an agreement giving rise to obligations which are enfor…