types of contract.pptx its about the various types of contract

this presentation discusses variety of types of contracts

1. TYPES OF CONTRACTS Prepared by Showkat Hossain

2. According to Sec 2 (h) of the Contract Act , 1872, the term contract is defined as ‘An agreement enforceable by law’.

3. Contract Enforceable by law Agreement

4. Types of Contracts

5. Based on Formation Expressed Contracts: The terms of the contract are expressly agreed upon (whether orally or in writing) at the time of formation. Ex: Oral offer and acceptance

6. Written contract

7. Implied contract: An implied contract is one which is inferred from the acts or conduct of the parties or from the circumstances of the cases. Words are not the only medium of expression. Ex: Ordering in a restaurant Boarding a public bus , A bid at an auction , consuming foods at a self serving restaurant, Upton Rural district council vs Powel1944- The fire case. Ship chartered for loading steel billets, Ramij Dewala and sons vs invest import 1981 ADR clause in Paris .

8. Tacit contract: Ex: Sale by fall of hammer of an auction scale by a third party Promissory estoppel

9. Quasi Contract: Created by law. It doesn’t arise by virtue of any agreement but the law infers or recognizes these contracts under special circumstances. No intention of parties to enter into a contract. It is based on the principle that a person shall not be allowed to enrich himself at the expense of another.

10. Examples: Claims for necessaries supplied to an incapable person. (Sec. 68) supplying necessaries to lunatics. Payment of Interested person. (Sec. 69) Khazna paid by the leasee Payment of non-gracious act. (Sec .70) leaving property mistakenly/ saving things from fire. Liability of finder of goods. (Sec. 71) Payment of delivery by mistake or under coercion. (Sec. 72) a and b jointly owes 1 crores to c

11. E-Contract: E-Contract is the one which is entered between the parties via internet. One of the most common ways of contract in current scenario.

12. The offer and acceptance of the parties do not happen in person but over the information highway (Internet) Three main methods : E-mail contract Website contract Online or click to agree contracts

13. Based on Validity Valid Contract: An agreement enforceable by law is a valid contract. Contract that has all essential elements of contract. Both the parties to the contract can enforce the contract.

14. Voidable contract: Contract which is acceptable by law at the option of one party but not at other. Ex: Entering into a contract by coercion

15. More Examples S ection 15 defined coercion as threat to commit any forbidden act mentioned in the penal code or by unlawfully detaining or threatening to detain any property. S igning stamps, acquiring cheques, cinema, threat of suicide? ( chikham amiraju vs chikham sheshama, 1900, threatening to file case? Detention of property, bondhok, Government no tpaying bill to contractors, gail gas case. C onract can be voidable when the consent is obtained through coercion, fraud, undue influence, misrepresentation.

16. U ndue influence Humayn Ahmed. D evotee gifted all his property to the peer, mayun Ahmed case, undue influence is a subtle form of fraud. W hen one party dominates the will of the others by dint of his appar e nt authority. W here one party lacks sufficient mental or physical strength

17. Void Contract: A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. A valid contract becomes void under the following circumstances: Destruction of subject matter Contract becoming unlawful Death of parties Parties becoming unlawful

18. Illegal contract: Contracts which are forbidden by law. “All illegal agreements are void agreements but all void agreements are not illegal.”

19. Unenforceable Contract: Contract is good in substance but because of some technical defect it cannot be enforced by law.

20. Based on Execution / Performance Executed Contract: An executed contract is one in which both the parties have performed their respective obligation. Ex: Husain agrees to paint a painting to Arjun for Rs.5000.He paints the painting and Arjun pays Rs.5000 to him

21. Executory contract: Contract in which one or both the parties to the contract have still to perform their obligations in future. Partially performed or wholly unperformed is termed as executory contract.  Ex: If Husain painted the painting, Arjun didn’t pay Rs.5000 yet.

22. Based on Liability Unilateral Contract: A unilateral contract is one in which only one party has to perform his obligation at the time of the formation of the contract, the other party having fulfilled his obligation at the time of the contract or before the contract comes into existence. Ex: Reward of $100 for lost dog

23. Bilateral contract: A bilateral contract is one in which the obligation on both the parties to the contract is outstanding at the time of the formation of the contract. Bilateral contracts are also known as contracts with executory consideration. Similar to executory contract.

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