Articles by Arpita

Fraud is one of the grounds that can make a contract voidable or void under the Indian Contract Act, 1872. But what exactly is fraud and how is it different from other types of misrepresentation or deception? Today, we will explore the definition of fraud, elements and consequences of fraud as per section 17 of the Indian Contract Act, 1872. Let's study fraud as per section 17 of Indian Contract Act 1872.

Undue influence is a concept that deals with the validity of consent in a contract. Section 16 of the Indian Contract Act, 1872 defines it as "A contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other."

Coercion affects the validity and enforceability of contracts. It violates the principle of free will and autonomy of contracting parties. It also undermines the trust and confidence that are essential for fair and lawful transactions. Therefore, it is important to be aware of the meaning and consequences of coercion and to avoid entering into contracts under coercion.

There is no contract without consent. Consent may be free or not free. But only free consent produces a valid contract. Free consent is important because it ensures that the parties enter into a contract voluntarily and willingly, without any pressure or deception. A contract based on free consent reflects the true intention and agreement of the parties.

One of the essential elements of a valid contract is that the parties entering into it must have the legal capacity or competency to do so. The Indian Contract Act 1872 defines the competency of parties in Section 11 as Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

Some point listing for revision on Offer and Acceptance as per Indian Contract Act 1872