Essential Elements of a Valid Contract

A contract has been defined in section 2(h) as “an agreement enforceable by law.” To be enforceable by law, an agreement must possess the essential elements of a valid contract as contained in sections 10, 29 and 56. According to section 10, all agreements are contracts if they are made by the free consent of the parties, competent to contract, for a lawful consideration,
with a lawful object, are not expressly declared by the Act to be void, and where necessary, satisfy the requirements of any law as to writing or attention or registration.

The essential elements of a valid contract are as follows:

  1. Offer and acceptance
  2. Intention to create legal relations
  3. Lawful consideration
  4. Capacity of parties
  5. Free consent
  6. Lawful object
  7. Writing and registration
  8. Certainty
  9. Possibility of performance
  10. Not expressly declared void

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