1. CONTRACTS
& AGREEMENTS

2. CONTRACT- In the words of Pollock, ‘every agreement and promises
enforceable by law is contract’. Section 2(h) of the Indian Contract Act,
1872 states that ‘an agreement enforceable by law is contract’. This
definition gives us two ingredients—an agreement and ‘enforceable by
law’.
E.g. - An agreement to buy certain specific goods at an agreed price lets
say 100 bags at Rs 1430 per bag is a contract becoz it gives rise to a duty
enforceable by law and in case of default on the part of either party an
action for breach of contract could be enforced.
AGREEMENT
An agreement means a promise and a reciprocal set of promises forming
consideration for each other—Section 2(e). All contracts are
agreements but all agreements are not contracts.
CONTRACT = Agreement + Enforceable by
law

3. PROMISE-As per Section 2(b) of the Contract Act, a proposal when
accepted becomes a promise.
PROPOSAL-Section 2(a) states that ‘when one person signifies another
person his willingness to do or abstain from doing anything with a view to
obtaining the assent of that other to such an act or abstinence, he is said to
make a proposal’. A Proposal is also known as an offer. So,
Characteristics Of An Agreement:
Plurality Of
Persons
Consensus-ad-
idem

4. PROMISOR PROMISEE
Promisor: A person making the proposal (offer) is known as a promisor.
He is also known as an offeror. We can also recognize him as a
proposor.
Promisee: A person accepting the proposal (offer) is known as a
promisee. He is also known as an offeree. We can also recognize him as
an acceptor.

5.  There must be two parties
 There should be an Agreement between the
party – offer and acceptance
 Legal Obligations
Example- if ‘X’ agrees to sell his motor cycle
to Y & Mr. Y to pay Rs 5000 for motor cycle.

6. Offer and acceptance
Intention to create legal Relations
Lawful consideration
Capacity of parties
Free consent – shouldn’t b coercion,
undue influence , fraud, misrepresentation
Lawful object
Writing and Registration
Certainty
Possibility Of Performance
Not Expressly declared void

7. On the Basis of
the Mode of
Formation
On the Basis of
Performance
On the Basis of
Validity or
Enforceability
On the basis of
form of contract
Express contract Executed contract Valid contract Formal contract
Implied contract Executory contract Void contract Simple contract
Quasi-contract Unilateral contract Voidable contract
Bilateral contract Illegal agreement
Unenforceable
contract

8. On the basis of formation:
1. Express contract: Where the terms of the contract are expressly agreed
upon in words (written or spoken) at the time of formation, the contract is
said to be express contract.
Example
A says to B ‘Will you purchase my bike for 20,000?’ B says ‘Yes’ to A.
2. Implied contract: An implied contract is one which is inferred from the
acts or conduct of the parties or from the circumstances of the cases. Where
a proposal or acceptance is made otherwise than in words, promise is said to
be implied.
Example
A stops a taxi by waving his hand and boards it. There is an implied contract
that A will pay the prescribed fare on reaching his destination.
Withdrawal of cash from the ATM of a bank.

9. 3. Quasi contract: A quasi contract is created by law. Thus, quasi contracts
are strictly not contracts as there is no intention of parties to enter into a
contract. It is legal obligation which is imposed on a party who is required to
perform it. A quasi contract is based on the principle that a person shall not be
allowed to enrich himself at the expense of another.
For example, Mr. X who is businessman forgot his articles he sell at Mr. Y’s
residence Mr. Y utilized that articles as if owned by himself, here Mr. Y. must
pay to Mr. X for the article. He utilised

10. On the basis of performance:
1. Executed contract: An executed contract is one in which both the parties
have performed their respective obligation.
Example
A sells his car to B for 1 lakh. A delivered the car and B paid the price. This
is an executed contract.
2. Executory contract: An executory contract is one where one or both the
parties to the contract have still to perform their obligations in future.
Thus, a contract which is partially performed or wholly unperformed is
termed as executory contract.
Example
A sells his car to B for 1 lakh. If A is still to deliver the car and B is yet to
pay the price, it is an executory contract.

11. 3. Unilateral contract: A unilateral contract is one in which only one party
has to perform his obligation at the time of the formation of the contract,
the other party having fulfilled his obligation at the time of the contract or
before the contract comes into existence.
Example
Atul promises to pay 1000 to anyone who finds his lost cellphone. Bansi
finds and returns it to Atul. From the time Bansi found the cell phone, the
contract came into existence. Now A has to perform his promise, i.e., the
payment of 1000.
4. Bilateral contract: A bilateral contract is one in which the obligation on
both the parties to the contract is outstanding at the time of the formation
of the contract. Bilateral contracts are also known as contracts with
executory consideration.
Example
A promises to sell his car to B for 1 lakh and agrees to deliver the car on
the receipt of the payment by the end of the week. The contract is bilateral
as both the parties have exchanged a promise to be performed within a
stipulated time.

13. On the basis of validity:
1. Valid contract: An agreement which has all the essential elements of a
contract is called a valid contract. A valid contract can be enforced by law.
2. Void contract[Section 2(g)]: A void contract is a contract which ceases
to be enforceable by law. A contract when originally entered into may be
valid and binding on the parties. It may subsequently become void. – There
are many judgments which have stated that where any crime has been
converted into a "Source of Profit" or if any act to be done under any
contract is opposed to "Public Policy" under any contract—than that contract
itself cannot be enforced under the law-
Reasons:
Supervening Impossibility( marriage)
Subsequent Illegality( wheat-pvt trading)
Repudiation of a voidable contract( lack of free concent)
Uncertain Future event( c dies)

14. 3. Voidable contract[Section 2(i)]: An agreement which is enforceable by
law at the option of one or more of the parties thereto, but not at the
option of other or others, is a voidable contract. If the essential element of
free consent is missing in a contract, the law confers right on the aggrieved
party either to reject the contract or to accept it. However, the contract
continues to be good and enforceable unless it is repudiated by the
aggrieved party. Lack of free consent
4. Illegal contract: A contract is illegal if it is forbidden by law; or is of such
nature that, if permitted, would defeat the provisions of any law or is
fraudulent; or involves or implies injury to a person or property of another,
or court regards it as immoral or opposed to public policy. These agreements
are punishable by law. These are void-ab-initio.
“All illegal agreements are void agreements but all void agreements are not
illegal.”
5. Unenforceable contract: Where a contract is good in substance but
because of some technical defect cannot be enforced by law is called
unenforceable contract. These contracts are neither void nor voidable. Bill
of exchange become unenforceable after three years

15. Matter Void Agreement Illegal Agreement
What Void agreement is
not prohibited by
law.
It is prohibited by
law.
Effect on
collateral
transaction
Any agreement
which is collateral
to the void
agreement is
enforceable.
Any agreement or
transaction which
is collateral to
illegal agreement
is not
enforceable.
Punishment It is not
punishable.
It is punishable.
Void ab initio May not void ab
initio.
Always void ab
initio.

16. Matter Agreement Contract
Definition Every promises and set of
promises forming the
consideration for each other
An Agreement enforceable by
law is contract
Concept Agreement is wider concept
than that of contract
contract is part of Agreement
& it’s a narrower concept
Nature Every contract is an Agreement Every Agreement is not a
contract
Performance Legal Obligation not necessary Legal Obligation is necessary
Legal bindings It Does not create Bindings
between the Parties
It creates Binding between the
parties
Meaning Agreement= Offer + Its
acceptance
Contract = Agreement + its
enforceable by law

17.  Agreement by incompetent parties (Sec11)
 Agreements made under mutual mistake of facts
(Sec 20)
 Unlawful object or consideration (Sec 23)/ Party
unlawful (Sec 24)
 Agreement without the consideration (Sec 25)
 Agreement made in restrain of marriage (Sec 26)
 Agreement made in restrain of trade, business,
Occupation (Sec 27)
 Agreement restrain in of legal proceedings (Sec 28)
 All agreement the meaning of which if not
certain (sec 29)
 Wagering Agreements- Absolute, Contingent
 Impossible events (sec 36)

18.  By performance of contract
 By agreement- By novation, recession, Alteration (sec
62), By remission (sec 62), waiver, By merger, By owing to
the occurrence of an event
 By lapse of time
 By operation of law- death, insolvency, Merger
 By breach made by any party to contract
 By Assignment
 By impossibility of performance
 By material alteration without the consent of
the concerned party

19.  Recession of contract- means revocation or setting aside. If
one party breaks the contract other party may sue & refuse
further performance
 Suit for damages- damages means monetary compensation
payable by the defaulting party to injured party
 Damages for loss of Reputation
-Ordinary Damages
- Special Damages
- Nominal Damages
- vindictive damages- heavy amt dishonor of customer
cheque
- Damages agreed upon in advance in case of breach of
contract
 Quantum of meruit – means as much as earned, right to sue
when contract perform by one party & not by another