Understanding the Essentials of a Valid Contract
As defined in Section 2(h) of the Indian Contract Act, 1872, a contract is “an agreement enforceable by law.” This definition reveals that a contract consists of two essential components:
1. An agreement
2. Enforceability by law
Step 1: Formation of an Agreement
According to Section 2(e), “Every promise and every set of promises forming the consideration for each other is an agreement.” This means that an agreement arises when one party makes a proposal (offer) and the other party accepts it.
Step 2: Essentials of a Valid Contract
For an agreement to be considered a valid contract under the Indian Contract Act, the following elements must be present:
- Offer: One party must make a clear and definite proposal to another.
- Acceptance: The offer must be accepted in its entirety and without conditions.
- Consideration: There must be lawful consideration (something of value exchanged between the parties).
- Free Consent: The parties must enter into the agreement voluntarily, without coercion, undue influence, fraud, misrepresentation, or mistake.
- Competency of Parties: The parties must be legally competent, i.e., of legal age, of sound mind, and not disqualified by law.
- Lawful Object: The object of the agreement must not be illegal or immoral.
- Intention to Create Legal Relations: The parties must intend the agreement to be legally binding.
Conclusion
Therefore, the essentials of a valid contract include: Offer, Acceptance, Consideration, Free Consent, and Competency of Parties. If any of these elements are missing, the agreement may not be enforceable by law and thus cannot be termed a valid contract.