Elements

of
Contract
Ubaid ur Rehman
Advocate High Court, Islamabad
 A contract should contain atleast the following five (5) elements for
becoming enforcable by law.

1) Legal Capacity of parties

2) Free consent

3) Lawful Consideration

4) Lawful Object

5) Not barred by law

There are also some other elements

*) Certainity mentioned by courts, such as certainity. But
as per enacted law. 5 elements are mentioned
in section 10 of the contract act, 1872.
 Legal Capacity

Natural Legal
Person Person

- Major (not a minor) - Person signing is competent authority

- Sound mind as per memorendum of association.
- Owner - Registered as per law
 when two or more persons agree

Free Consent upon the same thing in the same

sense, it is called consent.

Elements effecting
free consent
FRAUD MISREPRESENTATION MISTAKE

UNDUE INFLUENCE COERCION

Lawful Consideration
Consideration is lawful unless

1 forbidden by law

2 Involves injury to person or property

3 Court regards it as immoral, or opposed to public

policy
Lawful Object
Same as consideration
Consideration is lawful
1 unless forbidden by law

2 Involves injury to person or property

3 Court regards it as immoral, or opposed to public

policy
Not expressly Contract Act
Sales of Goods Act

Barred by Companies Registraction

Act
Civil and Criminal Laws

Law Gifts & Wills unders Muslim

Law
 Group Work

Identify elements of the

Contract.
Reflection Time
Thank You

Questions??