Comprehension
A contract is an agreement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others. A contract is an agreement creating and defining obligations between the parties. The Indian Contract Act, 1872 lays down general principles relat- ing to formation and enforceability of contracts; rules governing the provisions of an agreement and offer; the various types of contracts including those of indemnity and guarantee, bailment and pledge and agency. It also contains provisions pertaining to breach of a contract. The Indian Contract Act has defined ”Contract” in Section 2(h) as ”an agreement enforceable by law”. This definition indicates that a contract essentially consists of two distinct parts. First, there must be an agreement. Secondly, such an agreement must be enforceable by law. An agreement gives birth to a contract. As per Section 2(e) of the Indian Contract Act, every promise and every set of promises, forming the consideration for each other, is an agreement. Agree- ments relating to social matters in which the idea of bargain is absent and there is no intention to create legal relations are not contracts. To form a valid contract there must be: an agreement based on the genuine consent of the parties, supported by a lawful consideration made for a lawful object, and between the competent parties. One of the early steps in the formation of a contract lies in arriving at an agreement between the contracting parties by means of an offer and acceptance. When one party (the offeror) makes a definite proposal to another party (the offeree) and the offeree accepts it in its entirety and without any qualification, there is a meeting of the minds of the parties and a contract comes into being, assuming that all other ele- ments are also present.
Question: 1

Agreements relating to social matters are .............

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Remember, for an agreement to be a valid contract, there must be an intention to create legal relations and an agreement made between competent parties.
Updated On: June 02, 2025
  • Valid contract
  • Partially valid contract
  • Voidable contract
  • Not a valid contract
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The Correct Option is D

Approach Solution - 1

Agreements relating to social matters, such as informal agreements between friends or family, do not have the intention to create legal obligations. As these agreements lack the element of intent to create legal relations, they do not qualify as valid contracts under the Indian Contract Act, 1872. Therefore, they are considered "not valid contracts" because the law does not enforce them.
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Approach Solution -2

According to the Indian Contract Act, 1872, a contract is defined under Section 2(h) as "an agreement enforceable by law". This implies that for any agreement to be termed a valid contract, it must fulfill certain legal criteria.

Essentials of a Valid Contract:
To be enforceable by law, an agreement must:
1. Be made between competent parties
2. Be supported by a lawful consideration
3. Be made for a lawful object
4. Involve genuine consent of the parties

Definition of Agreement:
As per Section 2(e) of the Act: "Every promise and every set of promises, forming the consideration for each other, is an agreement." However, not all agreements are contracts.

Why Social Agreements Are Not Contracts:
Agreements that relate to social matters (e.g., inviting a friend for dinner or promising to attend a wedding) generally lack the intention to create legal relations. They are made in a friendly or domestic setting without any intent of legal enforcement.
Because of this absence of legal intent, such agreements are not considered contracts under the law.

Conclusion:
Agreements that are made in social contexts, even if they involve mutual understanding, are not legally enforceable. Therefore, such agreements are not valid contracts under the Indian Contract Act, 1872.

Correct Answer:
Not a valid contract
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Question: 2

What are the various types of contracts in the Indian Contract Act?

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To properly understand contracts under the Indian Contract Act, it's essential to familiarize yourself with the different types like Bailment, Guarantee, and Sale, as these govern key civil agreements.
Updated On: June 02, 2025
  • Bailment and Guarantee
  • Bailment and Mortgage
  • Bailment and Lease
  • Bailment, Guarantee, Sale
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The Correct Option is A

Approach Solution - 1

The Indian Contract Act, 1872 recognizes various types of contracts such as Bailment, Guarantee, Contract of Sale, and others. Specifically, the Act includes contracts such as Bailment (where goods are delivered for a specific purpose) and Guarantee (where one party promises to answer for the debt or default of another). These types of contracts are defined and governed by the Indian Contract Act under various sections, primarily Sections 148 to 171. The other options such as Mortgage, Lease, and Sale, are covered under separate laws.
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Understanding Types of Contracts in the Indian Contract Act, 1872

The Indian Contract Act, 1872 is a comprehensive legislation that governs the law of contracts in India. It lays down the general principles relating to the formation and enforceability of contracts.

Key Provisions and Contract Types
The Act not only defines what constitutes a contract but also elaborates on the various types of contracts that are legally recognized and enforceable. According to the content provided, the Act includes rules governing:
- The formation of agreements and offers
- Provisions for different types of contracts such as:
    - Contracts of indemnity
    - Contracts of guarantee
    - Bailment and pledge
    - Agency contracts

Correct Answer: Bailment and Guarantee
Among the various types mentioned, Bailment and Guarantee are specifically identified in the correct answer. These are explicitly provided for under the Indian Contract Act and are integral to commercial and legal transactions in India.

Explanation:
Contract of Bailment: Defined under Section 148 of the Indian Contract Act, it involves the delivery of goods by one person (the bailor) to another (the bailee) for some purpose, under the condition that the goods shall be returned once the purpose is accomplished.

Contract of Guarantee: Covered under Sections 126 to 147, this contract involves a promise to perform the promise or discharge the liability of a third person in case of their default.

These are enforceable types of contracts recognized by the Act, thus making Bailment and Guarantee the correct and appropriate answer.
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Question: 3

Every promise and every set of promises, forming the consideration for each other is __.

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Remember, a contract is formed when an agreement is made and is legally enforceable under law. Agreements alone are not always contracts unless specific conditions are met.
Updated On: June 02, 2025
  • Agreement
  • Contract
  • Bailment
  • Guarantee
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The Correct Option is A

Solution and Explanation

Concept Overview:
According to Section 2(e) of the Indian Contract Act, 1872, the term "agreement" is defined as:
"Every promise and every set of promises, forming the consideration for each other, is an agreement."

Explanation:
This means that when two or more parties make promises to one another, and these promises are intended to be legally binding and form the consideration for each other, they collectively constitute an agreement.
- A promise is a declaration or assurance that one will do something or that a particular thing will happen.
- Consideration is something of value exchanged between the parties, and it forms the basis for the mutual obligations.

Application to the Question:
The question asks: "Every promise and every set of promises, forming the consideration for each other is __."
As per the Indian Contract Act, the correct term that completes this statement is "agreement".

Final Answer:
The correct answer is: Agreement
This is directly derived from Section 2(e) of the Indian Contract Act, 1872.
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Question: 4

An agreement between two persons to go together to the cinema, is __.

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When studying contract law, remember that agreements made in social contexts, like going to the cinema, are not typically enforceable under law due to the absence of intent to create legal relations.
Updated On: June 02, 2025
  • Partial Contract
  • Enforced under law
  • A valid Contract
  • Not enforceable under law
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The Correct Option is D

Approach Solution - 1

An agreement to go together to the cinema is typically a social agreement, lacking the intention to create legal relations. Therefore, it is not enforceable under the law. In contract law, for an agreement to become enforceable, it must be a legal contract, which requires not only a valid offer and acceptance but also an intention to create legal relations. Social and domestic agreements like this one do not meet these criteria.
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Understanding the Nature of Contracts:
According to Section 2(h) of the Indian Contract Act, 1872, a contract is defined as "an agreement enforceable by law." This implies that not every agreement is a contract — only those agreements that fulfill certain legal requirements and are legally binding can be termed contracts.

Definition of an Agreement:
As per Section 2(e) of the Indian Contract Act, "every promise and every set of promises, forming the consideration for each other, is an agreement."
However, not all agreements are enforceable. For an agreement to become a contract, it must meet certain conditions such as lawful consideration, lawful object, genuine consent, and capacity of the parties involved.

Social Agreements vs. Legal Contracts:
Agreements made in the context of social or domestic relationships, such as planning to go to the cinema together, do not generally involve an intention to create legal obligations. These types of agreements lack the element of enforceability under law because the parties do not intend for legal consequences to follow in case the agreement is not honored.

Application to the Given Case:
An agreement between two persons to go to the cinema is purely social in nature. It does not carry an intention to create legal obligations or consequences. Therefore, even if one party fails to honor the agreement, the other cannot sue them in a court of law for breach of contract.

Conclusion:
The agreement is not enforceable under law because it is a social agreement lacking the legal intent required to constitute a contract.
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Question: 5

What are the essentials of a valid contract?

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For a contract to be valid, remember that consent must be free and not forced or coerced, and both parties must be competent to make the agreement.
Updated On: June 02, 2025
  • Offer, Acceptance, Consideration, Forced Consent and Incompetency of Parties
  • Offer, Acceptance, Social Obligation, Forced Consent and Competency of Parties
  • Offer, Acceptance, Social Obligation, Free Consent and Incompetency of Parties
  • Offer, Acceptance, Consideration, free Consent and competency of Parties
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The Correct Option is D

Approach Solution - 1

The essentials of a valid contract under the Indian Contract Act, 1872, include:
1. Offer: There must be a clear and definite offer made by one party.
2. Acceptance: The offer must be accepted unconditionally by the other party.
3. Consideration: Something of value must be exchanged between the parties.
4. Free Consent: The agreement must be made with the free consent of the parties, meaning it should not be obtained through coercion, undue influence, fraud, misrepresentation, or mistake.
5. Competency of Parties: The parties must be competent, meaning they must be of legal age, sound mind, and not disqualified by law from entering into a contract.
Thus, the correct answer is (4), as it correctly mentions the necessary elements: offer, acceptance, consideration, free consent, and competency of parties.
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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.
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