What Makes An Agreement Enforceable By Law

Expression of absolute and unconditional agreement to all the conditions set out in the offer. It can be oral or written. The acceptance must correspond exactly to the initial offer. From the examples above, it is therefore clear that not all agreements are contractually agreed. Only these agreements are contracts that comply with the terms of section 10 of the Indian Contracts Act. An agreement between private parties that creates mutual obligations that are legally enforceable. The basic elements necessary for the agreement to be a legally enforceable contract are: mutual consent, expressed through a valid offer and acceptance; appropriate review; capacity; and legality. In some States, the consideration element may be filled in with a valid replacement. Possible remedies in the event of a breach of contract are general damages, indirect damages, damages of trust and certain services. To be enforceable, a contract must not be contrary to public policy. But public policy can be postponed.

Traditionally, many States have refused to pay gambling debts incurred in other jurisdictions on grounds of public policy. However, as more and more states have allowed gambling within their own borders, this policy has been largely abandoned and gambling debts of legal companies are now generally enforceable. According to § 10, all agreements are contracts if they are concluded with the free consent of the contracting parties, in exchange for legal consideration and with a legitimate aim and are not declared null and void. § 2 (g) – An agreement that is not legally enforceable is void. Similarly, an agreement whose consideration or object is fraud is illegal. [10] If the object of the contract is illegal, no one can perform it. A contract for the sale of illicit drugs is contrary to public policy and unenforceable. [6] One party receives only what the other party was already obliged to do. To be enforceable, the action provided for in the contract must be performed.

For example, if the bidder pays the BDT 30lac purchase price, he can perform the contract to demand delivery of the car. However, unless the contract provides that delivery must be made prior to payment, the bidder may not be able to perform the contract if it does not comply with BDT 30lac. Similarly, depending on the terms of the contract, the supplier may not be able to perform the contract without first delivering the car. In a typical « breach of contract », the party claiming the breach will claim that it has fulfilled all of its obligations under the contract while the other party has not fulfilled its duties or obligations. .