The Indian Contract Act, 1872 for CA Foundation

When an agreement becomes legally binding: offer, acceptance, consideration, capacity and free consent, with the leading cases examiners love.

Business LawsPaper 213 MCQs2 lessons2 flashcards3 memory tricks

Practise The Indian Contract Act, 1872 free

What you'll learn

  1. What makes a valid contract
    List the essentials of a valid contract under Section 10.
  2. Offer, acceptance and consideration
    Apply the rules on offer, acceptance, communication and consideration.

Concepts explained

Agreement, contract, void and voidable

A contract is an agreement enforceable by law (s.2(h)). An agreement not enforceable is void; a contract enforceable at one party's option is voidable.

What it means

  • Agreement = offer + acceptance (every promise or set of promises forming consideration for each other).
  • Contract = agreement + enforceability by law.
  • Void agreement (s.2(g)): not enforceable from the start, e.g. agreement with a minor, wager.
  • Voidable contract (s.2(i)): enforceable at the option of one party, e.g. consent caused by coercion or fraud.
  • Illegal agreement: forbidden by law; collateral agreements are also void.
Example 1: Minor
  • A 17-year-old mortgages his house for a loan

Answer: Void ab initio (Mohori Bibee v. Dharmodas Ghose)

Example 2: Coercion
  • Consent obtained by threat

Answer: Voidable at the option of the coerced party (s.19)

Related terms

  • Valid contract: has all the essentials of s.10
  • Unenforceable contract: valid but can't be enforced for a technical reason, e.g. lack of stamp

Exam tip: All contracts are agreements, but not all agreements are contracts.

Offer, invitation to offer and acceptance

An offer shows willingness to be bound; an invitation to offer only invites offers. Acceptance must be absolute and unqualified and communicated.

What it means

  • Invitations to offer: goods displayed with prices, catalogues, auctions, tenders, price quotations (Harvey v. Facey).
  • General offer: made to the public and accepted by performing its conditions (Carlill v. Carbolic Smoke Ball Co.).
  • Acceptance must be absolute (s.7); a conditional 'yes' is a counter-offer that ends the original offer.
  • Communication (s.4): complete against the proposer when the acceptance is posted; against the acceptor when it reaches the proposer.
Example 1: Shop display
  • Customer picks up a priced item

Answer: Customer makes the offer; the cashier accepts

Example 2: Counter-offer
  • 'I accept if you cut the price'
  • Seller refuses; buyer then accepts the original price

Answer: No contract: the original offer had ended

Related terms

  • Cross offers: identical offers made in ignorance of each other: no contract
  • Standing offer: an offer to supply as and when ordered

Exam tip: Quote the case name: examiners award marks for Carlill, Harvey v. Facey and Boots in the right place.

Consideration

Consideration is the price for a promise: something given, done or promised at the desire of the promisor (s.2(d)).

What it means

  • It must move at the desire of the promisor.
  • It may move from the promisee or any other person (Chinnaya v. Ramayya).
  • It may be past, present or future, and need not be adequate, but must be real and lawful.
  • No consideration, no contract (s.25), except: natural love and affection (written and registered, near relatives), past voluntary services, written promise to pay a time-barred debt.
Example 1: Third-party consideration
  • A gifts property to her daughter on condition that she pays her uncle an annuity
  • Uncle sues the daughter

Answer: Uncle can recover (Chinnaya v. Ramayya)

Related terms

  • Privity of contract: only parties can sue, with exceptions
  • Inadequate consideration: valid if consent was free

Exam tip: Indian law is wider than English law: consideration can come from a stranger.

Free consent

Consent is free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake (s.14).

What it means

  • Coercion (s.15) and undue influence (s.16): contract voidable.
  • Fraud (s.17) and misrepresentation (s.18): contract voidable.
  • Bilateral mistake of fact (s.20): agreement void. Mistake of Indian law doesn't excuse.
Example 1: Undue influence
  • A spiritual guru persuades a follower to gift property

Answer: Voidable at the follower's option

Related terms

  • Silence: not fraud, unless there is a duty to speak

Exam tip: Voidable for the first four; void for bilateral mistake of fact.

Memory tricks

Essentials of a valid contractOAC CFL VCP: Offer-Acceptance, Consideration, Capacity, Free consent, Lawful object, not Void, Certainty, Possibility.

Section 10 plus the other essentials; list them in this order in descriptive answers.

Free consent vitiators'Can U Find My Mistake?': Coercion, Undue influence, Fraud, Misrepresentation, Mistake.

Sections 15–22. The first four make a contract voidable; a bilateral mistake of fact makes it void.

Section 25 exceptionsLove, Labour, Loan: natural love and affection, past voluntary labour (service), time-barred loan (debt).

An agreement without consideration is void except in these three cases.

Try 3 CA Foundation-style questions

Q1. A husband's promise to pay his wife a monthly allowance, in an ordinary domestic arrangement, is generally not a contract because

  1. there is no intention to create legal relations
  2. there is no offer
  3. the wife is not competent to contract
  4. the object is unlawful
Show answer

Answer: (1) there is no intention to create legal relations

In Balfour v. Balfour, a domestic arrangement between spouses was held not enforceable, as the parties did not intend legal consequences.

Q2. A person who finds goods belonging to another and takes them into custody has the responsibilities of a bailee. This is an example of

  1. a contingent contract
  2. a wagering agreement
  3. a void agreement
  4. a quasi-contract
Show answer

Answer: (4) a quasi-contract

Section 71 imposes bailee-like duties on a finder of goods. Quasi-contracts (ss.68–72) are obligations the law imposes to prevent unjust enrichment.

Q3. Under Section 2(h) of the Indian Contract Act, 1872, a contract is

  1. an agreement enforceable by law
  2. any promise made between two persons
  3. an agreement not enforceable by law
  4. a social or domestic arrangement
Show answer

Answer: (1) an agreement enforceable by law

Section 2(h): an agreement enforceable by law is a contract. So all contracts are agreements, but not all agreements are contracts.

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