Section 10 The Indian Contract Act, 1872
Here is a detailed explanation of Section 10 of The Indian Contract Act, 1872:
📘 Section 10 – What agreements are contracts
Text (as per bare Act):
All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
✅ Essential Ingredients of a Valid Contract (as per Section 10):
For an agreement to become a valid contract, the following conditions must be fulfilled:
Free Consent
– The parties must agree to the same thing in the same sense.
– Consent should be free from coercion, undue influence, fraud, misrepresentation, or mistake (see Sections 13–19).
Competent Parties
– As per Section 11, parties must:
Be of the age of majority (18 years),
Be of sound mind,
Not be disqualified by any law.
Lawful Consideration
– Something of value must be exchanged (money, goods, services, etc.).
– It must not be illegal, immoral, or opposed to public policy.
Lawful Object
– The purpose of the contract must be legal and not defeat any law.
Not Expressly Declared Void
– The agreement should not fall under categories of void agreements (like agreements in restraint of trade, marriage, or legal proceedings).
🧠Summary:
An agreement becomes a contract only when it meets the essential conditions of free consent, competency, lawful consideration and object, and is not void.
📌 Example:
If A agrees to sell his bike to B for ₹20,000, and:
Both agree freely,
Both are major and mentally sound,
The object is legal (sale of a bike),
The price is fair and lawful,
✅ It is a valid contract under Section 10.
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