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CMA Foundation · Fundamentals of Business Laws and Business Communication · Void and Voidable Agreements, No Consideration No Contract

Under Section 10 of the Indian Contract Act, 1872, which one of the following is among the conditions that make an agreement a contract?

Free consent of parties competent to contract is a stated condition under Section 10. The section also requires lawful consideration and a lawful object. Writing, registration and witnesses are required only where a separate law demands them, and court approval is never a general requirement.

  1. AIt must be made by the free consent of parties competent to contractCorrect
  2. BIt must always be made in writing and registered
  3. CIt must be witnessed by at least two persons
  4. DIt must be approved by a court before it is acted upon

Explanation

Section 10 says all agreements are contracts if made by free consent of competent parties, for a lawful consideration and with a lawful object, and not expressly declared void. Writing, registration or witnesses are needed only where some other law requires them. Court approval is not a condition at all.

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