Preview

Legal Aspects Of Business: Indian Contracts Act 1872

Good Essays
Open Document
Open Document
3474 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Legal Aspects Of Business: Indian Contracts Act 1872
Legal Aspects Of Business –
Indian Contracts Act 1872
Indian Contract Act 1872 is the main source of law regulating contracts in Indian law.
Citation Act No. 9 of 1872
Enacted by Parliament of India
Date enacted 25 April 1872
Date commenced 1 September 1872

The law relating to contracts in India is contained in Indian Contract Act, 1872. The Act was passed by British India and is based on the principles of English Common Law. It is applicable to the All States of India except the State of Jammu & Kashmir. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties in India.
History
The Indian Contract Act came into force on 1 September 1872. It Was Enacted Mainly With a View To ensure Reasonable Fulfillment of Expectation Created By the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.The Third Law commission of British India formed in 1861 under the stewardship of chairman Sir John Romilly, with initial members as Sir Edward Ryan, R. Lowe, J.M. Macleod, Sir W. Erle (succeeded by Sir. W.M. James) and Justice Wills (succeeded by J. Henderson), had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25 April 1872 and the Indian Contract Act, 1872 came into force with effect from 1 September 1872.
Before the enactment of the Indian Contract Act, 1872, there was no codified law for contract in India. In the Presidency Towns of Madras, Bombay and Calcutta law relating to contract was dealt with the Charter granted in 1726 by King George I to the East India Company. Thereafter in 1781, in the Presidency Towns, Act of Settlement passed by

You May Also Find These Documents Helpful

  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Kachwaha, S. (2015, April 26). India: Doing Business in India - A Legal Overview. Retrieved from Mondaq:…

    • 1003 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Tort law as a concept came to India around the late 1800’s when Sir Henry Maine and Sir James Stephen stressed the need of a tort code in India. It was noted that the presence of torts in India would be a huge blessing as it would aid the legislature curtailing a lot of provisions of the Indian Penal Code.…

    • 2111 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    provisions of the Contracts Act 1950 „in so far as they are not inconsistent with the express provision of this Act‰.…

    • 6022 Words
    • 25 Pages
    Powerful Essays
  • Good Essays

    Indian Contract Act 1872

    • 849 Words
    • 4 Pages

    We enter into contracts day after day. The Law of Contract is comboided in the Indian Contract Act, 1872. The contract act incorporates many features of English Law.…

    • 849 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Maxis Marketing Plan

    • 719 Words
    • 3 Pages

    The general rule is that persons entering into a contract must have contractual capacity.Section 10 Contracts Act states that ‘all agreements are contracts if they are made by the free consent of the parties competent to contract.…

    • 719 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Negotiable Instruments

    • 2384 Words
    • 10 Pages

    The history of the present Act is a long one. The Act was originally drafted in 1866 by the 3rd India Law Commission and introduced in December, 1867 in the Council and it was referred to a Select Committee. Objections were raised by the mercantile community to the numerous deviations from the English Law which it contained. The Bill had to be redrafted in 1877. After the lapse of a sufficient period for criticism by the Local Governments, the High Courts and the chambers of commerce, the Bill was revised by a Select Committee. In spite of this Bill could not reach the final stage. In 1880 by the Order of the Secretary of State, the Bill had to be referred to a new Law Commission. On the recommendation of the new Law Commission the Bill was re-drafted and again it was sent to a Select Committee which adopted most of the additions recommended by the new Law Commission. The draft thus prepared for the fourth time was introduced in the Council and was passed into law in 1881 being the Negotiable Instruments Act, 1881 (Act No.26 of 1881)[1]…

    • 2384 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    This report will serve as just a basic guide on the Indian Legal Environment, for the foreign companies. It covers some key point and risks related to the laws and policies applicable to doing business in India.…

    • 3828 Words
    • 16 Pages
    Powerful Essays
  • Powerful Essays

    Consensus Ad Idem

    • 1462 Words
    • 6 Pages

    The word contract is derived from the Latin “contractum”, meaning “drawn together”. It, therefore, denotes a drawing together of two or more minds to form a common intention giving rise to an agreement which is intended to be enforceable by law and which may have elements in writing, though contracts can be made orally. Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement enforceable by law. Section 2(e) defines agreement as “every promise and every set of promises forming consideration for each other.” Section 2(b) defines promise in these words: “When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.…

    • 1462 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    The history of the development of Indian corporate laws has been marked by interesting contrasts. At independence, India inherited one of the world's poorest economies but one which had a factory sector accounting for a tenth of the national product. In terms of corporate laws and financial system, therefore, India emerged far better endowed than most other colonies. The 1956 Companies Act as well as other laws governing the…

    • 2908 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Sections 68 to 72 deals with "certain relations resembling those created by contract" under Indian contract act, 1872…

    • 2749 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Indian Contract Act

    • 13037 Words
    • 53 Pages

    The Indian Contract Act 1872 sections 1-75 came into force on 1 September 1872. It applies to the whole of India except the state of Jammu and Kashmir. It is not a complete and exhaustive law on all types of contracts.…

    • 13037 Words
    • 53 Pages
    Powerful Essays
  • Better Essays

    Contracts

    • 3586 Words
    • 15 Pages

    The Indian Contract Act 1872 sections 1-75 came into force on 1st September 1872. It applies to the whole of India except the state of Jammu and Kashmir. It is not a complete and exhaustive law on all types of contracts.…

    • 3586 Words
    • 15 Pages
    Better Essays
  • Good Essays

    The Law of Contract is that branch of law which determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties.…

    • 2212 Words
    • 9 Pages
    Good Essays
  • Powerful Essays

    The law of contracts touches equally upon the lives of ordinary persons and the activities of small and big business. This branch of law deals with law relating to promises, their formation, performance and enforceability. It is scattered over several legislations. There are special legislations dealing with particular contractual relationships, e.g. The Sale of Goods Act, 1930, The Partnership Act, 1932. This paper will include a study of general principles of contracts spelt out in sections 1-75 of the Indian Contract Act, 1872. The remaining provisions of this Act will be covered separately in two papers of LL.B. III/IV Term - Business Association – I (Partnership and Agency) and Commercial Transactions (Sale of Goods, Hire Purchase and Bailments) and one paper of LL.B. VI Term - Negotiable Instruments, Banking and Insurance. The statutory provisions would be supplemented with judicial pronouncements. Prescribed Legislations: (a) The Indian Contract Act, 1872 (b) The Specific Relief Act, 1963 (c) The Indian Majority Act, 1875 Prescribed Books: (a) Nilima Bhadbhade, Pollock & Mulla, Indian Contract & Specific Relief Acts (13th ed., 2006) (b) J. Beatson, Anson’s Law of Contract (28th ed., 2002) (c) H.K. Saharay, Dutt on Contract – The Indian Contract Act, 1872 (10th ed., 2006) (d) Avtar Singh, Law of Contract and Specific Relief (10th ed., 2008) Recommended Book: M.P.Furmston, Cheshire, Fifoot and Furmston’s Law of Contract (15th ed., 2007) Topic 1 : General Introduction – History and Nature of Contractual Obligations Topic 2 : Formation of an Agreement Intention to create legal relationship; offer and invitation to treat; kinds of offer, communication, acceptance and revocation of offer and acceptance; modes of revocation of offer - Indian Contract Act, 1872, sections 2 – 10 Carlill v. Carbolic Smoke Ball Co. (1891-4) All ER Rep.127 1 1. 2. Pharmaceutical Society of Great Britain v. Boots Cash Chemist…

    • 3711 Words
    • 15 Pages
    Powerful Essays