Q 2.4. Discuss the different types of contract.
Answer: –
Different Types of Contracts
Contracts can be classified based on their formation, enforceability, and execution. The Indian Contract Act, 1872, recognizes various types of contracts, including the following:
- Based on Formation:
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- Express Contract – Terms are clearly stated in written or spoken words (e.g., a written agreement to sell goods).
- Implied Contract – Formed through conduct rather than words (e.g., taking a taxi implies agreeing to pay the fare).
- Quasi-Contract – Not a real contract but imposed by law to prevent unjust enrichment (e.g., payment for mistakenly delivered goods).
- E-Contract – Formed electronically through online agreements.
- Based on Enforceability:
- Valid Contract – Legally enforceable as it meets all essential conditions.
- Void Contract – No legal effect due to unlawful object or impossibility.
- Voidable Contract – One party can cancel due to coercion, fraud, or misrepresentation.
- Illegal Contract – Forbidden by law (e.g., contracts for illegal activities).
- Unenforceable Contract – Legally valid but cannot be enforced due to technical defects.
- Based on Performance:
- Executed Contract – Both parties have completed their obligations.
- Executory Contract – Obligations are yet to be fulfilled by one or both parties.
- Unilateral Contract – One party has performed their part, and the other must fulfill theirs.
- Bilateral Contract – Both parties have ongoing obligations.
Thus, contracts vary based on formation, enforceability, and execution.