Capacity to contract For the validity of contract, the parties to the contract should be competent to contract. Every person is competent to contract (1) who is of the age of majority (2) who is of soundmind (3)who is not disqualified from contracting by any law to which he is subject.
Free Consent
The contract should be entered into with the free consent. The consent is free when it is not caused by (1)coercion (2)Undue influence (3)Fraud (4)Misrepresentation or (5) Mistake.
Legality of object and consideration
It is essential that the consideration and object should be lawful. The same may be lawful unless;It is forbidden by law or Is of such a nature that it would defeat the provision of law, or It is fraudulent, or It involves or implies injury to the person or property of another, or The Court regards it as immoral or opposed to public policy.
Void Agreements
There are certain agreements which have been specifically declared as void by the Act. 1.agreements of which the consideration or the object is not lawful. 2.agreements without consideration. 3.agreements to do an impossible act. 4.agreements in restraint of marriage. 5.agreemnents in restraint of trade. 6.agreemnets in restraint of legal proceedings. 7. agreements which are ambiguous and uncertain. 8. agreements by way of wager.
Contingent Contracts It is a contract to do or not to do something , if some event, colleteral to such contract does or does not happen. All insurance contracts come under this category.
Performance of Contract. Every contract consists of reciprocal promises . The parties to the contract must either perform or offer to perform their respective promises. If a promisor dies before he has performed the contract, the representatives of the such a promisor are bound to perform the contract unless contrary intention appears.
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