Discuss the Various Kinds of Contract in Indian Contract Act 1872
The Indian Contract Act of 1872 governs the legal framework for contracts in India. It defines a contract as an agreement enforceable by law between two or more parties. The act lays down various types of contracts that can be formed. In this article, we will discuss the different kinds of contracts in the Indian Contract Act of 1872.
1. Express Contract:
An Express Contract is a type of contract in which the terms and conditions of the agreement are clearly stated by the parties involved. Such contracts can be verbal or written, but in case of a dispute, written contracts are considered more reliable.
2. Implied Contract:
An Implied Contract is a contract where the terms and conditions of the agreement are not explicitly stated by the parties, but they can be inferred from their actions and conduct. For instance, a person hiring a taxi to drop them to the airport implies that they will pay the fare for the service provided.
3. The Executed Contract:
An Executed Contract is a contract in which the parties have performed their obligations, i.e., the terms and conditions have been fulfilled. For example, if a person purchases a new phone, pays for it, and receives it, the contract is fulfilled.
4. The Executory Contract:
An Executory Contract is a contract where the terms and conditions have not been fully executed by the parties in the agreement. For instance, when a person orders a cake from a bakery, the contract is not executed until the bakery delivers the cake.
5. Unilateral Contract:
A Unilateral Contract is a contract where only one party makes a promise, and the other party is not obliged to do anything. For example, if a company offers a reward to anyone who finds a lost item, the person who finds the lost item is not legally bound to claim the reward.
6. Bilateral Contract:
A Bilateral Contract is a contract where both parties promise to do something. In such contracts, the obligation to perform or fulfill the agreement is mutual, i.e., if one party fails to fulfill their promise, the other party is no longer bound to fulfill theirs.
In conclusion, the Indian Contract Act of 1872 defines various types of contracts that can be formed between two or more parties. It is important for individuals and organizations to understand the type of contract they are entering to ensure that their rights and obligations are clearly stated and enforced. Understanding the different types of contracts is also essential for legal professionals such as lawyers and copy editors as it helps them to ensure the accuracy and legality of the documents they work on.