The Indian Contract Act of 1872 can be interpreted as covering all kinds of possible agreements and contracts. However, in some cases, whether or not an agreement is a contract depends on the facts and circumstances. In short, all legally enforceable agreements become contracts. It follows that there may be agreements that are not contracts, but that there can be contracts that are not agreements. As long as the goods or services delivered are legal, any verbal agreement between two parties may constitute a binding legal contract. However, the practical restriction in this regard lies in the fact that only the parties to a written agreement usually have substantial evidence (the written contract itself) to prove the conditions actually expressed at the time of conclusion of the contract. In everyday life, most contracts can and are concluded orally, such as for example. B the purchase of a book or a sandwich. Sometimes written contracts are required either by the parties or by legal law in different jurisdictions, for certain types of agreements, for example when buying a house or land.
There are certain types of contracts that are explicitly declared null and void by the Indian Contracts Act of 1872. Here are some of the agreements that, in the eyes of the law, are not enforceable: EXPRESSLY DECLARED AGREEMENT CANCELLED There are some agreements that are expressly cancelled. They are: (1) Consent of a minor or a person with an unhealthy mind. [Sec.(11)] (2) Agreement the consideration or object of which is unlawful [§23)] para. (3) Agreement concluded as a result of a bilateral factual error in the agreement[§20)] (4) Agreement the consideration or object of which is partially unlawful and the illegal part cannot be dissociated from the legal part [§24)] (5) Agreement concluded. Without consideration. [Sec.(25)] (6) Agreement to Restrict Marriage [§26]] (7) Agreement to Restrict Trade [§27)] (8) Agreement on the Limitation of Judicial Proceedings [§28]] (9) Agreements; ] (10) Paris Agreements [§30]] (11) Agreements that depend on impossible events [§36]] (12) Agreements on impossible acts [§56]Betting contract: In the Bombay Presidency, betting contracts are illegal by law; and corrupt security transactions invalidate subjects. In the rest of India, betting contracts are void and therefore warranty contracts are not affected. This article was written by Anjali Dhingra, IInd Jahr Student, B.B.A.
LL.B, Symbiosis Law School, NOIDA. In this article, the author discusses the contract and agreements and the difference between the two. The article also discusses agreements that are contracts and what is not. The concept of countervailable contracts: there are certain agreements that can be implemented by one party, but not to the extent possible by other parties. It is for that party to decide whether it is prepared to enforce the treaty or to render it unenforceable, that is, . . .