What Makes a Contract Legally Binding in India?

Essential elements every agreement must have

What is a Binding Contract?

A contract is an agreement that is enforceable by law as per the Indian Contract Act, 1872. If any essential element is missing, the contract may become invalid.

1.Offer & Acceptance

1.One party makes a clear offer. 2.Other party accepts without conditions. 3.Mutual understanding is essential.

2.Intention to be Legally Bound

1.Parties must intend the agreement to be legally enforceable. 2.Social agreements usually lack legal intention.

3.Lawful Consideration

1.Something of value must be exchanged. 2.It must not be illegal or immoral.

 4.Capacity to Contract

1.Must be adult 2.Sound mind 3.Not disqualified by law

5.Free Consent

Consent must not be influenced by: * Coercion * Fraud * Undue influence * Misrepresentation

6.Lawful Object

1.Purpose must be legal. 2.Illegal or immoral = void agreement

 7. Certainty & Possibility

Terms must be clear Must be possible to perform

 Is Your Contract Valid?

1.Offer & Acceptance 2.Intention 3.Consideration 4.Capacity 5.Free Consent 6.Lawful Object 7.Certainty 8.Not Void by Law