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Basics of Contract Law Video Lecture | Crash Course for CLAT (English)

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FAQs on Basics of Contract Law Video Lecture - Crash Course for CLAT (English)

1. What is contract law and why is it important?
Ans. Contract law is a branch of law that governs the creation and enforcement of agreements between two or more parties. It sets out the rights and obligations of the parties involved in a contract. Contract law is important because it provides a legal framework for individuals and businesses to enter into agreements with confidence, knowing that there are legal remedies available if one party fails to fulfill their obligations.
2. What are the essential elements of a valid contract?
Ans. To be considered a valid contract, certain elements must be present. These include: 1. Offer: There must be a clear and specific proposal made by one party to another. 2. Acceptance: The other party must accept the offer made, without any modifications or conditions. 3. Consideration: Both parties must exchange something of value, such as money, goods, or services. 4. Intention to create legal relations: The parties must intend for their agreement to be legally binding. 5. Capacity: The parties must have the legal capacity to enter into a contract, which generally means they must be of sound mind and of a certain age.
3. What happens if one party breaches a contract?
Ans. If one party fails to fulfill their obligations under a contract, it is considered a breach of contract. The non-breaching party may be entitled to certain remedies, depending on the circumstances. These remedies may include: 1. Damages: The non-breaching party may be awarded compensation to cover any financial losses suffered as a result of the breach. 2. Specific performance: In some cases, a court may order the breaching party to fulfill their obligations as outlined in the contract. 3. Rescission: The contract may be canceled, and both parties may be released from their obligations. 4. Restitution: The non-breaching party may be entitled to recover any benefits or payments already made under the contract.
4. Are oral contracts legally enforceable?
Ans. Yes, oral contracts can be legally enforceable in certain circumstances. However, it can be more challenging to prove the terms of an oral contract compared to a written contract. In some jurisdictions, certain types of contracts must be in writing to be enforceable, such as contracts involving real estate or contracts that cannot be performed within one year. It is generally advisable to have contracts in writing to avoid misunderstandings and to have clear evidence of the agreed-upon terms.
5. Can a contract be modified or terminated?
Ans. Yes, a contract can be modified or terminated if both parties agree to the changes. This is typically done through a written agreement known as an amendment or a contract addendum. The modification should clearly state the changes being made and be signed by both parties. Similarly, a contract can be terminated by mutual agreement, where both parties agree to end the contract. It is important to note that modifying or terminating a contract without the consent of both parties may result in a breach of contract.
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