Nature and Formation of Contract – (06.07.2020)

Q. “All contracts are agreements, but all agreements are not contracts”.
Explain.

Answer Approach:

Introduction: Give a brief introduction about Section 2(h) and Section 10 of ICA.

• Main body: Explain the different ingredients that need to be fulfilled for an agreement to be enforceable as a contract. Mention some extra ingredients too, apart from what is already mentioned under Section 10. 

• Conclusion: Conclude by drawing an inference based on the explanations in the answer and state how all those ingredients are conjunctive and not disjunctive. 

• Tip for students: This question seems to be a simple question but try to adopt an analytical approach while attempting such questions and draw appropriate linkages throughout the answer in order to maximise your score in this answer. 

Students please note: 

  • You need to upload your answers in the Comments section under the questions. Students are advised to upload clear photos of handwritten answers.
  • To maximise your benefit from this free answer writing exercise, try to read other students’ answers and jot down important pointers. This way you shall not only learn from the good aspects of others’ answers but also from their mistakes. You are encouraged to review each other’s answers for mutual benefit and help in building a supportive Law Optional Preparation Community.

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