History of VINURUDHA
Under the Indian Contract Act, 1872, a contract is defined as:
“An agreement enforceable by law.”
— Section 2(h), Indian Contract Act, 1872
A contract arises when two or more parties make an agreement that creates legal obligations between them.
So, every contract is an agreement, but every agreement is not a contract — only those agreements which are legally enforceable become contracts.
| Basis | Agreement | Contract |
|---|---|---|
| Definition | Every promise or set of promises forming consideration for each other | Agreement enforceable by law |
| Legal enforceability | Not necessarily enforceable | Must be enforceable by law |
| Scope | Wider — includes social and moral agreements | Narrower — includes only legal agreements |
| Example | Promise to go for dinner | Promise to sell goods for money |
For an agreement to become a valid contract, it must satisfy the following conditions (as per Sections 10–30 of the Act):
| No. | Essential Element | |
|---|---|---|
| 1. Offer and Acceptance | There must be a lawful offer by one party and a lawful acceptance by the other, creating mutual consent. | |
| 2. Intention to Create Legal Relationship | The parties must intend that their agreement should be legally binding, not merely social or domestic. | |
| 3. Lawful Consideration | There must be something of value (money, goods, service, etc.) exchanged between the parties. It must be lawful. | |
| 4. Capacity of Parties | The parties must be competent to contract — i.e., of sound mind, major (18 years or above), and not disqualified by law. | |
| 5. Free Consent | Consent must be free and genuine, not caused by coercion, undue influence, fraud, misrepresentation, or mistake. | |
| 6. Lawful Object | The object or purpose of the contract must be lawful, not illegal, immoral, or against public policy. | |
| 7. Possibility of Performance | The terms of the agreement must be capable of being performed; impossible acts cannot form a valid contract. | |
| 8. Certainty and Clarity | The terms must be certain, not vague or ambiguous. | |
| 9. Legal Formalities | If any law requires certain contracts to be in writing, registered, or stamped, those formalities must be fulfilled. |
If A agrees to sell his car to B for ₹2,00,000 and B accepts the offer —
✅ Offer and acceptance
✅ Legal intention
✅ Lawful consideration and object
✅ Competent parties
✅ Free consent
→ This is a valid contract.
But if A agrees to kill someone for ₹50,000 — the object is illegal, ❌ so it is not a valid contract.
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