Lawful object

The object of an agreement must be lawful

Free consent

An agreement must be made by free consent and not by coercion, undue influence, fraud, mistake, and
misrepresentation.

Fraud

When one party actively makes an effort to deceive the other

Enforceability

A agreement creating a legal obligation is said to be enforceable by law.

Unlawful Consideration

Agreement must be supported by lawful consideration.

Implied contract or Negative affirmation

If an offer is not accepted within a specific time period, it will be presumed accepted

Absolute and unconditional

An offer should be accepted without any condition, if any condition is imposed, then it will turn out to
be a counter offer instead of acceptance.

Competency of parties

The parties to an agreement must be competent in order to enter into a contract.

Unilateral mistake

When one party to an agreement is under a mistake. Void only in the cases relating to identity and to
the nature of contract

Bilateral mistake

When both parties to an agreement are under a mistake.

Silence as a fraud

Masla pta ho or wo communicate/disclose na kre to the other party is also fraud

Undue influence

Relation b/w the parties is such that one of the party is in dominant position over the other which grants
the party an unfair advantage.

Empty promise

Promise made without the intention to performing it.

Equitable remedy

Court ordered action which directs the parties to do or not to do something. Specialized circumstances
where money damages are considered inadequate compensation.

Actual breach of contract

Refuses or fails to perform his/her part of contract at the fixed time of performance

Injunction

An order from the court to abstain from wrong doing, especially in the cases related to anticipatory
breach.

Discharge by impossibility of performance or Supervening impossibility

When the performance was possible before the formation of contract but it became impossible after the
formation of contract.

Common law remedy ordinary charges

Damages and action for the price are common law remedies. Damages which are naturally in the usual
course of things from the breach itself

Legal relationship

A contract in order to be valid must have a legal relationship. Parties do not intend to create legal
relationship in case of social or domestic agreements, but in business/commercial agreements parties
intend to create legal relationship.

Stifling prosecution

Criminal should be prosecuted and punished, hence such agreements are illegal.

Agreement in restraint of legal proceedings

Duty in case of emergency

The obligation of partners to act in the best interests of the partnership and its stakeholders when facing
unexpected and critical situations.

Duty to act within authority

Responsibility of individuals to make decisions and take actions that are consistent with their designated
roles and the authority granted to them by the partnership agreement

Mutual agency

Each partner is both an agent and a principal in the partnership

General duties
Obligations and responsibilities that partners owe to the partnership, each other, and sometimes to
third parties.

Qualified duties

Obligations and responsibilities that can be subject to conditions, exceptions, or limitations as specified
in the partnership agreement

Duty to be liable jointly and severally

Each partner in a partnership is collectively and individually responsible for the partnership's obligations
and debts

Duty to indemnify for willful neglect

Means that partners are obligated to compensate or reimburse the partnership or other partners for
losses or damages resulting from their willful or intentional neglect or misconduct.

Liability to account for profit of competing business

Partners have a fiduciary duty to account for and potentially share profits derived from a competing
business that they engage in outside of the partnership

Duty to perform duties diligently

Each partner is obligated to carry out their roles and responsibilities within the partnership with the
level of care, skill, and attention

Duty to be faithful

Duty of loyalty.