The Indian Contract Act of 1872 is an important piece of legislation in India that governs contracts in the country. It was enacted on 25th April 1872 and is based on the principles of English common law. The act defines and regulates the rights and obligations of parties entering into a contract and provides remedies for breach of contract.
Key provisions of the Indian Contract Act 1872 include:
Section 2(e): Definition of Contract: It defines a contract as an agreement enforceable by law.
Section 10: Essential Elements of a Valid Contract: According to this section, for a contract to be valid, it must have certain essential elements, including the presence of lawful offer and acceptance, lawful consideration, capacity of parties to contract, free consent, lawful object, and certainty.
Section 13: Consent: Consent is considered free when it is not obtained through coercion, undue influence, fraud, misrepresentation, or mistake.
Section 14: Free Consent: Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake.
Section 18: Misrepresentation: A contract can be voidable if one party has made a false statement of fact, which induced the other party to enter into the contract.
Section 23: Consideration: Every contract must be supported by consideration, which means something of value exchanged between the parties.
Section 25: Agreement without Consideration: Certain agreements are considered valid even without consideration, such as agreements made out of natural love and affection, promise to compensate for past voluntary services, etc.
Section 56: Doctrine of Frustration: A contract becomes void if it becomes impossible to perform due to an unforeseen event or change in circumstances.
Section 73: Compensation for Breach of Contract: It provides for the payment of compensation for any loss or damage suffered due to the breach of contract.
Section 74: Penalty and Liquidated Damages: Parties can agree on a predetermined amount of compensation in case of a breach of contract, known as liquidated damages. However, if the amount agreed upon is extravagant or unconscionable, it may be considered a penalty and not enforceable.
These are some of the important provisions of the Indian Contract Act 1872. The act provides a legal framework for the formation, performance, and enforcement of contracts in India, ensuring fairness and protecting the rights of the parties involved.
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