Document Drafting

Contract & Agreement

 A contract is a legally binding agreement between two or more parties that outlines the rights and obligations of each party.
 Contracts can be written or verbal, ranging from simple tasks to complex corporate mergers.

To be legally enforceable, contracts must include certain key elements, such as mutual assent, consideration, capacity, genuine consent, and legality of terms.

If a contract is breached, the innocent party is entitled to claim damages to compensate for their loss. The goal of damages is to restore the innocent party to the position they would have been in if the contract had been fulfilled. 

Classification of Contracts:
In terms of Formation: Express contracts, implied contracts, quasi-contracts, and E-contracts. 
In terms of Performance: Executed contracts, unilateral contracts, executory contracts, and bilateral contracts.

In terms of Special contracts: Indemnity, guarantee, bailment, pledge, and agency. 

In terms of Validity: Valid contracts, void contracts, voidable contracts, illegal contracts, and enforceable contracts. 

 

Kinds of Contract & its usage:

  •     Implied contracts

A legally binding obligation that results from the actions, behavior, or circumstances of one or more parties.

  •     Express contracts

All of the terms have been agreed upon by the parties at the moment the agreement was made.

  •     Quasi-contracts

A contract between two parties that is retrospective in nature and created by a judge.

  •     E-contracts

Contracts that are created using electronic, cyber, or electronic data exchange methods.

  •    Section 26

Agreements that restrain a person from doing something that is his right or obligation are void, except permissible by law. 

  • Unilateral Contracts:

Unilateral contract, one party makes a promise in exchange for a specific action or performance by the other party. Once the action is completed, the contract is considered binding.

  •  Bilateral Contracts:

Bilateral contracts involve mutual promises between two parties. Both parties agree to perform certain obligations in exchange for something of value.


Common Contract Terms:
Contracts often contain specific terms and clauses to protect the parties involved. Some common contract terms include:

 

  • Payment Terms: Specifies how and when payments will be made.
  • Scope of Work: Defines the responsibilities and deliverables of each party.
  • Confidentiality Clause: Protects sensitive information from being disclosed to third parties.
  • Termination Clause: Outlines the conditions under which the contract can be terminated.
  • Indemnification: protects one party at the expense of the other. 
  • Consideration: defines the reason, how agreement binds a person. 
  • Dispute resolution: explains how either party can resolve the dispute raised between them
  • Liability: defines how to compensate for a failure to perform according to the contract.
  • Warranties and disclaimers: Protects any promises about the quality of the product or service. 
  • Force majeure: Unforeseen external circumstances or events, such as natural disasters, may make it impossible for you to fulfill your obligations 
  • Assignment: An assignment provision usually limits the ability of a party to a contract to sell, or otherwise transfer, his/her contract rights to a third 
  • severability clause: ensures that the legal clauses in a contract are still enforceable by law if a portion of a contract (one or more clauses) is/are removed, an invalid, or unenforceable etc
  • Amendment: The amendment clause sets forth the modus operandi if a condition of a contract needs to be changed.

Consultation and Drafting of CONTRACT & AGREEMENT

Fees are negotiable as per Discussion.

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