Meaning and Features of Contract of law

Filter Course


Meaning and Features of Contract of law

Published by: Anu Poudeli

Published date: 04 Aug 2023

Meaning and Features of Contract of law

A contract is a legally enforceable agreement between two or more parties that establishes the parties' rights and obligations. Contracts are an important component of the legal system since they govern many elements of corporate and personal interactions.

Let's look at the legal definition and characteristics of a contract:

1. Contract Definition:

A contract is a voluntary and legally binding agreement between two or more competent parties. It can be oral or written, however depending on the jurisdiction and the subject matter, certain forms of contracts must be in writing to be legitimate. A contract's fundamental components are as follows:

a. Offer: One party proposes or promises to do or refrain from doing something. This suggestion is known as the "offer."

b. Acceptance: The other party accepts the offer's terms. When an offer is accepted, it becomes a legally binding contract.

c. Consideration: Something of value must be exchanged between the parties, which is known as "consideration." This can take the form of money, commodities, services, or even a commitment to do something in exchange.

d. Intention to establish legal relations: The parties must intend for the agreement to be legally binding. Contracts formed in a social or domestic context with no intention of being legally bound are frequently unenforceable.

e. Legal Capacity: The parties entering into the contract must be of legal age. This implies that individuals must be of sound mind, of legal age, and not under the influence of drugs or alcohol, which could impair their judgment.

f. Legal Purpose: The purpose of the contract must be legal. Contracts involving criminal conduct or that violate public policy are unenforceable.

2. Contract Specifications:

A contract must have the following characteristics in order to be valid and enforceable:

a. Consensus ad idem: This Latin term literally translates as "meeting of the minds." The contract's terms must be agreed upon by both parties without any misunderstanding or misrepresentation.

b. Certainty and completeness: The contract's provisions must be explicit and specific. Ambiguities can lead to disagreements.

c. Legality: As previously stated, the contract's objective must be lawful and not contrary to public policy.

d. Writing (in some cases): While many contracts can be oral, some must be in writing to be enforceable, such as real estate contracts, marriage contracts, or contracts that cannot be completed within a year.

e. Consideration: As previously stated, a contract must include the parties exchanging something of value.

f. Voluntary consent: The contract must be entered into voluntarily by both parties, without duress, fraud, undue influence, or deception.

g. Competent parties: Both parties must be legally capable of entering into the contract.

h. Possibility of performance: The obligations of the contract must be performable. A contract that mandates the performance of an impossible act cannot be enforced.

i. Contracts that are not specifically declared void or illegal: Certain types of contracts, such as those that restrict trade or encourage illegal conduct, may be void or unenforceable.

Overall, a legal and enforceable contract is essential for protecting the rights and obligations of participants in various transactions and agreements. When one party fails to keep their end of the bargain, the other can take legal recourse to enforce the contract or seek damages for the breach.