Agreements Enforceable by Law

1093 Words Feb 24th, 2018 4 Pages
A contract is said to be formed if the parties entering into it is bound together by it and also it must be enforceable against each other. But one must also keep in mind that every agreement is not a contract but every contract is an agreement. Certain agreements like domestic agreements and social agreements cannot be said as contracts because they cannot be enforceable by law. However an agreement can be enforceable by law if it fulfils the following six elements.
• Proposal or offer
• Acceptance
• Proposer or offerer
• Acceptor or offeree
• Consideration
• Intention to create legal relations
• Capacity to contract
• Free consent
Coming to the question, it concentrates more on the revocation of proposal or offer. So we need to see what an offer is first of all. According to section 2(a) of the Contracts Act 1950 a proposal is said to exist “when one person signifies the willingness to do or to abstain from doing anything, with a view to obtain the assent of that other person to the act or the abstinence.” The general rule of an offer states that it must be clear and communicated to the acceptor. The Contracts Act 1950, section 4(a) provides that “the communication of a proposal is complete when the proposal comes to the knowledge of the proposer.”
Therefore in order for the proposal to be valid, it must be clear and communicated. Yatie’s proposal in the question is valid on…
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