General Principles of Contracts Management
The chapter delves into the foundational principles of contract law in India, primarily governed by the Indian Contract Act, 1872. It outlines essential concepts such as contract formation, types of contracts, and key conditions that must be met for enforceability. Additionally, it addresses various contract-related issues including tender processes, changes in contracts, delays, and common malpractices in contracting.
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What we have learnt
- The Indian Contract Act, 1872 forms the basis for contract law in India, outlining the essentials for contract formation and enforceability.
- Contracts can be categorized into various types, including valid, void, voidable, and unenforceable based on specific conditions.
- Understanding contract conditions, specifications, and potential 'red flags' is crucial for effective contract management.
Key Concepts
- -- Offer & Acceptance
- The core components that constitute a contract, where an offer must be definite and accepted unconditionally.
- -- Consideration
- Something of value that is exchanged in a contract; it is required for a contract to be enforceable.
- -- Privity of Contract
- The principle that only parties to a contract can sue or be sued under it.
- -- Force Majeure
- Events beyond a party's control that excuse them from non-performance and may entitle them to time extensions.
- -- Liquidated Damages
- A pre-agreed amount payable for delay or failure to perform under a contract, designed as a genuine estimate of loss.
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