Types of contract

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TYPES OF CONTRACT

description

Various types of Contract

Transcript of Types of contract

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TYPES OF CONTRACT

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ON THE BASIS OF VALIDITY1. Valid Contract An agreement enforceable by law

when all the essential features of a valid contract are present.

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2. Voidable Contract A contract becomes voidable when the

consent is not free. Usually a contract becomes voidable

when the consent of one of the parties to the contract is not free.

Eg- A, threatens to shoot B if he does not sell his bike to A. B agrees. This contract is voidable at the option of B

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3. Void Contract A void contract is the contract that has

no legal effect at all.“ A contract which ceases to be

enforceable by law becomes void, when it ceases to be enforceable by law.”

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ON THE BASIS OF FORMATION 1. Express Contract Contracts formed with the words

spoken or written, is an express contract.

Eg- A tells B on phone that he wants to buy his car for Rs 80,000 and B accepts the offer on phone, this is an express contract.

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2. Implied Contract When the offer and acceptance is made

by acts or conducts of the parties, it is an implied contract.

For eg- A, a coolie in uniform takes up the luggage of B at Railway Station and B allows him to do so, then the law implies that B will have to pay for the services of A. This is an implied contract.

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3. Quasi-ContractQuasi-contract doesn’t arise by virtue of

any agreement, but the law infers or recognises these contracts under special circumstances.

For eg- Claims for necessaries supplied to an incapable person.

2. Responsibilities of finder of goods.

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ON THE BASIS OF EXECUTION 1. Executed Contract A contract is said to be executed

contract when both the parties to a contract have performed their obligations.

For eg- When a bookseller sells a book on cash payment, it is an executed contract because both the parties have done what they were to do in a contract.

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2. EXECUTORY CONTRACT When either both the parties to a

contract have still to perform their share of obligation, then it is executory contract.

For eg- A buys a car from B for Rs 100,000. Now, A has made the payment but B has not transferred the contract, it is an executory contract as the parties have to meet the obligation.

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