By Miss Anika Mardiah Chowdhury
It often leads to confusion to the general people that whether the contract was validly done or not along either there were contract or mere agreement happened. For this reason and to understand the conditions for making a valid contract this paper will cover the essentials of the contract.
Firstly, offer and acceptance where one party makes an offer for an arrangement that another person with his free consent accepts then and offer and acceptance happens and this can be called ‘ad idem’ means a meeting of two or more parties. Whereas an offer means the making of a proposal and acceptance is a final and unqualified of assent to the terms of an offer. As per the Contract Act, the offer must be certain, definite, it should be communicated to the offeree and unambiguous and the acceptance must be absolute and expressed.
Secondly, the capacity of parties section 11 of the Contract Act, 1872 states that a minor person, unsound person and if any person is disqualified by any other law which he is subject is incapable of doing any contract. Therefore a contract by any of those people is absolutely void ab initio also in the case of MohoriBibee vs. DharmodasGhose (1903) 30 Cal(P.C) held that a contract by minor is absolute void not voidable on the basis of section 10,11,0183 and 184 of the Contract Act. Therefore it can be said that if an agreement is made between the parties who are competent to contract then that agreement will become a valid contract.
Thirdly, Genuine and Free Consent where two or more person agrees upon the same thing in the same sense is said to be free constant. Section 14 of the Contract Act, 1872 defined the free consent where the consent is given without coercion, undue influence, fraud, and mistake is called to be free consent. It is to be said that where a person says that the offeree entered into a contract with his free will but the offeree refuses of such than the burden of proof lies to the offeror to prove also can be seen in the case of SrimatiBidhumukhiBassaya vs. SrimatiSaralaSundariDassya& another 6 DLR 97.
Fourthly, Lawful Consideration, if something in return is given or obtained that called Consideration. In every contract, the agreement must be supported by consideration and it must be lawful and real. According to section 2 of the Contract Act 1872 consideration may be classified into three types they are past consideration, present consideration, and future consideration.
Fifthly, Lawful Object a contract is not like only mutual assent of competent parties but also have a lawful object. Therefore the object of a contract should be lawful and must not be illegal or doing with immoral purpose or opposed to public policy. Where the object of a contract is not lawful then the contract is void. In the case of Susmitra Devi vs. SulekhaKundu A.I.R (1976) Cal. 197 held that if the object of which is immoral than the contract is void and it is upon the consideration of the court to decide which is unlawful and immoral.
Lastly, Legal Formalities, the legal formalities for a particular contract is it must be written along registration and they must be followed. It is to be mentioned that written contract is essential in order to effect of any sale, lease, mortgage, gift of immovable property etc and Registration is also required in such cases. For this, the legal formalities should be strictly followed as relevant legislation of those.
In concluding remark it can be said that the above-mentioned conditions or elements should be followed for entering into any valid contract. The validity of a contract is not necessary only for enforcement but also the court will not interfere or will give the right to any party where the contract is not valid.
Also for specific relief of a contract must have to be valid as according to Specific Relief Act, 1877. Finally, registration of a contract partnering to real property ( land and connected asset) is also a necessary and essential part of claiming any relief or right to the court.