Contract Law - Class Notes
Subject: Law | Topic: Indian Contract Act, 1872
Prepared For: LLB / CLAT / Judiciary Exam Students
1. Introduction to Contract Law:
Contract Law is a branch of civil law which governs agreements enforceable by law.
In India, the Indian Contract Act, 1872 is the primary statute.
- Definition (Sec 2(h)): A contract is an agreement enforceable by law.
- Legal Provisions: Governed by Indian Contract Act, 1872.
- Purpose: To ensure that promises made by parties are legally binding and
enforceable.
2. Essentials of a Valid Contract (Sec 10):
- Offer and Acceptance: Clear proposal and its unambiguous acceptance.
- Intention to Create Legal Relations: Must not be social or domestic.
- Lawful Consideration: Something in return (quid pro quo).
- Capacity of Parties: Major, sound mind, not disqualified.
- Free Consent: No coercion, undue influence, fraud, misrepresentation, or mistake.
- Lawful Object: Purpose of the agreement must be legal.
3. Types of Contracts:
- By Validity: Valid, Void, Voidable, Illegal, Unenforceable.
- By Formation: Express, Implied, Quasi-contracts.
- By Performance: Executed, Executory, Unilateral, Bilateral.
4. Breach of Contract and Remedies:
- Types: Actual Breach and Anticipatory Breach.
- Remedies:
- Damages (General, Special, Nominal, Exemplary)
- Specific Performance
- Injunction
- Rescission
5. Important Sections & Case Laws:
- Sec 2(a–j): Definitions of proposal, acceptance, promise, agreement, contract,
etc.
- Case: Carlill v Carbolic Smoke Ball Co. (1893) – Introduced unilateral contracts.
6. Real-life Examples:
- Buying a mobile phone online (contract of sale).
- Freelance agreement between designer and client.
Note: Always refer to updated Acts and judgments while citing in exams or research.