A promises to deliver his watch to B and, in return, B promises to pay a sum of Rs. 4,000. Is it an agreement or a contract?
Solution:
This is a contract, not just an agreement.
According to Section 2(h) of the Indian Contract Act, 1872, “An agreement enforceable by law is a contract.” Here, A promises to deliver his watch, and B promises to pay Rs. 4,000 in return. This agreement includes:
- Offer and Acceptance – A offers to sell the watch, and B accepts the offer.
- Lawful Consideration – The watch and Rs. 4,000 are exchanged as consideration.
- Intention to Create Legal Relations – Both parties have a business intent, not a social or moral obligation.
- Competent Parties – If both A and B are legally capable (major, of sound mind, etc.), the contract is valid.
Since all essential elements of a valid contract are present, this is a legally enforceable contract under the Indian Contract Act.