Concept of Free Consent

Introduction For an agreement to be a valid contract, it should meet the requirements of the same under Section 10 of the Indian Contracts Act, 1872. These requirements include free consent of the parties, lawful consideration with a lawful object, and not expressly declared void. According to Section 10[1], “All agreements are contracts if they are made by free consent.” Thus, if an agreement is made without the free consent of the parties, it cannot be a valid contract, and it would be voidable or void. Meaning of Consent Section…

CAPACITY TO CONTRACT

Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement that is enforceable by law. The ability or eligibility of partners to form a business contract is the most important aspect of a legitimate partnership arrangement. The legal ability of an individual or an entity to enter into a partnership is referred to as “capacity to contract”. Before signing a contract, the partner must be competent and meet the stipulated standards, according to business law. The capacity in contract law is defined under Section 11 of the Indian Contract Act, 1872.…