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Definition of Contract by Pollack

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Definition of Contract by Salmond

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Definition of Contract by Sir William Anson

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Definition of Contract u/s 2(h)

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· ffer and Acceptance ·
awful bject

·
egal bligation · Writing and
·
awful Consideration Registration
· Capacity of Parties · Certainty of Terms
· ree Consent · Possibility of
Performance
· ot expressly declared
void
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‰alid Contract - 
PCAS

·ree Consent
·
egal Relationship
·
egal bject
·n writing if required by
aw
·Possible to Perform
·Consideration
·Capacity of the parties
·Agreement
·ot Expressly declared ‰oid
·Subject Matter
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 |y Conduct

Mean

Silently allow other

|ody
anguage Person to enter into
A contract

Here words &

Written form are not
Shared b/w parties
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 Contract in written

Mandatory ptional

All contracts
may be made by
Purchase of mmovable Property words of mouth
Charter Party Contract except a few
Agreement on the basis of love & affection contracts
Agreement for time barred debt
 Xsefulness of Written Contract

Documentary Easily preserve o party can

Proof or a longer period Easily deny

 
 
As some disputes arises as one party forgets

aw considers Written evidence more powerful than ral

 ral |y Conduct Written

Contract

Purchases Sales Service Rent

Amount/ Goods both are immaterial.

 Size of Amount and Goods
ot important

Amount Goods

Rupee ne Small
Millions
arge
 Contract

Division

ormation Enforceability Performance

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 Contract

Enforceability

‰alid ‰oid-able ‰oid

ully Aggrieved Can not be

Enforceable Party may Enforceable
|y law/ court Make |y Court
Contract as r
aw
 
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According to Enforceability
1. ‰alid Contract
2. ‰oidable Contract
* |urden of Proof
3. ‰oid Contact
*mpossibility of performance
**Subsequent llegality
*** Rejection of a ‰oidable Contract
**** mpossibility of depending Event
4. Xnenforceable Contract
5. llegal Agreement
6. ‰oid Agreement
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 Contract

ormation

Constructive
Expressed Quasi

ral |y Conduct
mplied Contract

Written
 
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· According to ormation
1. Express Contract
2. mplied Contract
3.Quasi Contract
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· According to performance

1. Exectued Contract
2. Executory Contract

· According Parties

1. Xnilateral Contract
2. |ilateral Contract
 Contract

Performance

Executory Executed
 Executed Contract

Delivery Payment
100% on 100% on
Spot Spot
 Executory Contract

Xnilateral

Case-1
Case -1

Delivery Delivery Payment

Payment 100%
Part now Part now
100% now ow
Remaining Remaining
in future in future

ull Delivery ull Payment

in uture in uture
   

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