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PROIVISION OF

CONTRACT
Contract:
The term ‘contract’ is defined in Section 2 (h) of the Indian Contract Act, as under:
“An agreement enforceable by law is a contract.”
This means that contract is a combination of an agreement and the enforceability of the
agreement We can say that:
Contract = An agreement + Enforceability.

Agreement:
The definitions of the terms ‘agreement’ and ‘promise’ are relevant to understand the
meaning of contract.
The term ‘agreement’ is defined in Section 2 (e) of the Indian Contract Act, as under:
“Every promise and every set of promises forming the consideration for each other, is an
agreement.”

Promise:
And the term ‘promise’ is defined in Section 2 (b) of the Indian Contract Act, as under: “A
proposal, when accepted, becomes a promise.”
The above two mentioned provisions show that an agreement is an accepted proposal
(offer). Thus, every agreement consists of an offer from one party and its acceptance by the
other. We can say that:
Indian Contract Act, 1872

Imperial Legislative Council

Citation Act No. 9 of 1872

Enacted by Imperial Legislative Council

Enacted 25 April 1872

Commenced 1 September 1872

Status: In force
Development:
1.General Principles of Law of Contract – Sections 01 to 75
2.Contract relating to Sale of Goods – Sections 76 to 123
3.Special Contracts- Indemnity, Guarantee, Bailment & Pledge and Agency – Sections 124 to 238
4.Contracts relating to Partnership – Sections 239 to 266

At present the Indian Contract Act may be divided into two parts:
Part 1: deals with the General Principles of Law of Contract Sections 1 to 75
Part 2: deals with Special kinds of Contracts such a
1.Contract of Indemnity and Guarantee
2.Contract of Bailment and Pledge
3.Contract of Agency
1. Offer 2(a): When one person signifies to another his willingness to do or to abstain from doing anything,
with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
2. Acceptance 2(b): When the person to whom the proposal is made, signifies his assent there to, the
proposal is said to be accepted.
3. Promise 2(b): A Proposal when accepted becomes a promise. In simple words, when an offer is
accepted it becomes promise.
4. Promisor and promisee 2(c):
When the proposal is accepted, the person making the proposal is called as promisor
and the person accepting the proposal is called as promisee.

5. Consideration 2(d):
When at the desire of the promisor, the promisee or any other person has done or
abstained from doing or does or abstains from doing or promises to do or to abstain from
doing something such act or abstinence or promise is called a consideration for the
promise. Price paid by one party for the promise of the other Technical word meaning
QUID-PRO-QUO i.e. something in return.

6. Agreement 2(e):
Every promise and set of promises forming the consideration for each other. In short
CONCLUSION:
Agreement between the parties A contract is concluded if the
parties intend to be legally bound, and they reach a sufficient
Agreement. conclusion o contract with offer and acceptance. A Contract
can be concluded by the acceptance o an offer.
THANK YOU

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