Latest Indian Contract Act, 1872 MCQ Objective Questions
Indian Contract Act, 1872 MCQ Question 1:
In which of the following cases, the Doctrine of Supervening impossibility will apply?
- Difficulty in performance
- Commercial Impossibility
- Impossibility known to the parties at the time of making of the contract
- Strikes, Locks-outs, and civil disturbances
Answer (Detailed Solution Below)
Option 3 : Impossibility known to the parties at the time of making of the contract
The correct answer is Impossibility known to the parties at the time of making of the contract.
- The Indian Contract Act, 1872 states in Section 56, paragraph 2, that if the doctrine of supervening impossibility applies and a contract becomes impossible or illegal to perform after it is formed, it will be void.
- It's interesting to note that, generally speaking, the inability to perform a contract is not a reason for failing to do so.
- It only applies where this impossibility results from causes outside the parties' control. They can only be released from any additional contract obligations in that scenario.
- Here, Impossibilities are known to the parties at the time of making of the contract that's why it will be applied.
Doctrine of Supervening Impossibility will be applied in following cases:
- Destruction of Subject Matter of Contract: A contract is dismissed if, after it is formed, its subject matter is destroyed without any of the parties' fault.
- Non-existence or non-occurrence of a particular state of things: There are occasions when a contract is made based on the occurrence or existence of a specific condition. However, if the circumstances that formed the contract's very foundation change or cease to exist, the agreement is null and void
- Death or Incapacity of Services: If the performance of a contract depends on a party's qualifications or personal skills and that party's demise, illness, or incapacity renders the contract void, the contract may also be discharged by supervening impossibility. This is true because the contract's implied terms include a man's life.
- Change of law or stepping in of a new law: After the creation of a contract, it is possible that the law changes or that an amendment is made to an ordinance, a special act, or a set of government regulations. The contract is discharged since the change makes it impossible to carry out the terms of the agreement.
- Outbreak of war: When two parties from separate nations sign in to a contract with one another and a war is subsequently declared between the countries, the contract typically becomes void since it cannot be carried out.
- Difficulty in performance: The mere fact that it is now more difficult to carry out a contract due to unforeseen circumstances or delays does not deem it to be fulfilled.
- Commercial Impossibility: A contract is not discharged for these reasons if an anticipation of larger profits is not met, the required raw material becomes available at a very expensive price due to the start of a war, or if a sudden depreciation of currency happens.
- Impossibility due to failure of third party: A contract is also not discharged if it was unable to be carried out because a third party the promisor had depended on defaulted.
- Strikes, lock-outs, and civil disturbances: Events like strikes, lockouts, or public unrest do not discharge a contract unless the parties explicitly consented to such terms at the time the contract was signed.
- Failure of one of the objects: In addition to the aforementioned situations, if a contract is made for a number of purposes, the simple failure of one of those purposes does not cancel the agreement.
Indian Contract Act, 1872 MCQ Question 2:
A general offer of continuing nature is:
- An offer given to a specific person/persons and continues for a long time
- An offer given to any number of people until is retracted
- An offer which is by superseded by another offer
- An offer which can be accepted anytime and is never called off
Answer (Detailed Solution Below)
Option 2 : An offer given to any number of people until is retracted
The correct answer is An offer given to any number of people until is retracted
An offer is defined under Section 2(a) of The Indian Contract Act as:
- "When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal."
- When a general offer is of continuing nature, it can be accepted by a number of people till it is retracted.
- However, when a similar offer requires information regarding a missing thing, it is closed as soon as the first information comes in.
Therefore, the correct answer is Option 2.
Indian Contract Act, 1872 MCQ Question 3:
The status of an agreement where both the parties involved in the contract are under mistake as to the matter of fact is ________.
- Void
- Voidable
- Unenforceable
- Enforceable
Answer (Detailed Solution Below)
Option 1 : Void
The correct answer is Void.
Therefore under Section 20 of the Indian Contract Act, 1872, a contract is said to be void when both the parties to the agreement are under a mistake as to a matter of fact.
Option | Explanation |
Void agreement |
|
Voidable Agreement |
|
Unenforceable agreement |
|
Enforceable agreement |
|
Indian Contract Act, 1872 MCQ Question 4:
In the contract of agency, Implied agency may arise by:
A. Agency by Estoppel
B. Agency of Necessity
C. Agency by Ratification
D. Agency by Holding out
- Both A and B
- A, B and C
- Both B and D
- All of the above
Answer (Detailed Solution Below)
Option 2 : A, B and C
Agent contract
The Agency system is very popular in the current business scenario. There are two parties in the agency system one is the principal and the agent. An agent is a person acting on behalf of his principal. It’s a connecting link between the principal and the third party. Herein we will discuss the creation of an agency under the Indian Contract Act, 1872.
Implied Agency:
Implied agency arises when there is any conduct, the situation of parties, or is necessary for the case. Implied agency includes
1. Agency by estoppel:
- The concept of agency by estoppel arises where one person acts in such a way that the other believes that a third person is authorized to act on his behalf and enters into a transaction with the third person, the person whose act induced him to do so, is liable for that agreement as if the third person acting on his behalf.
- It is based on principles of natural justice and equity.
2. Agency by necessity
- It is a type of legal relationship in which one party can make essential decisions for another party.
- The courts recognize agency by necessity during an emergency or urgent situation under which the beneficiary is unable to provide explicit authorization.
3. Agency by Ratification:
- A confirmation by the principal of an act or contract performed or entered into on his or her behalf by another, who assumed, without authority, to act as his or her agent.
Agency by holding out may be created by “holding out” where a principal allows a nonappointed person to represent himself as his agent to a third party and does not object. Agency may be created by ratification, where an agent acts without authority and the principal ratifies his conduct. Therefore, it's not an implied agency.
Indian Contract Act, 1872 MCQ Question 5:
Statement I: As per Section 125 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other party from loss caused to him.
Statement II: The person who promises to indemnify or make good the loss is called the indemnity holder and the person whose loss is made is called indemnifier.
Which of the above statement (s) is/are true?
- Only I
- Only II
- Both I and II
- None of the above
Answer (Detailed Solution Below)
Option 4 : None of the above
Both statements are incorrect.
An explanation for Statement I:
Section 125: The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promiser-
(1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies;
(2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promiser, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promiser authorized him to bring or defend the suit;
(3) all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promiser, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promiser authorized him to compromise the suit.
However, As per Section 124 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other party from loss caused to him.
An explanation for Statement II:
There are generally two parties in indemnity contracts:
- The Indemnity holder is the one who is protected from any liability.
- The Indemnifier is the one who promises to reimburse the Indemnitee for any claims.
Therefore, the person who promises to indemnify or make good the loss is called the indemnified, and the person whose loss is made is called the indemnity holder.
Top Indian Contract Act, 1872 MCQ Objective Questions
In which of the following cases, the Doctrine of Supervening impossibility will apply?
- Difficulty in performance
- Commercial Impossibility
- Impossibility known to the parties at the time of making of the contract
- Strikes, Locks-outs, and civil disturbances
Answer (Detailed Solution Below)
Option 3 : Impossibility known to the parties at the time of making of the contract
The correct answer is Impossibility known to the parties at the time of making of the contract.
- The Indian Contract Act, 1872 states in Section 56, paragraph 2, that if the doctrine of supervening impossibility applies and a contract becomes impossible or illegal to perform after it is formed, it will be void.
- It's interesting to note that, generally speaking, the inability to perform a contract is not a reason for failing to do so.
- It only applies where this impossibility results from causes outside the parties' control. They can only be released from any additional contract obligations in that scenario.
- Here, Impossibilities are known to the parties at the time of making of the contract that's why it will be applied.
Doctrine of Supervening Impossibility will be applied in following cases:
- Destruction of Subject Matter of Contract: A contract is dismissed if, after it is formed, its subject matter is destroyed without any of the parties' fault.
- Non-existence or non-occurrence of a particular state of things: There are occasions when a contract is made based on the occurrence or existence of a specific condition. However, if the circumstances that formed the contract's very foundation change or cease to exist, the agreement is null and void
- Death or Incapacity of Services: If the performance of a contract depends on a party's qualifications or personal skills and that party's demise, illness, or incapacity renders the contract void, the contract may also be discharged by supervening impossibility. This is true because the contract's implied terms include a man's life.
- Change of law or stepping in of a new law: After the creation of a contract, it is possible that the law changes or that an amendment is made to an ordinance, a special act, or a set of government regulations. The contract is discharged since the change makes it impossible to carry out the terms of the agreement.
- Outbreak of war: When two parties from separate nations sign in to a contract with one another and a war is subsequently declared between the countries, the contract typically becomes void since it cannot be carried out.
- Difficulty in performance: The mere fact that it is now more difficult to carry out a contract due to unforeseen circumstances or delays does not deem it to be fulfilled.
- Commercial Impossibility: A contract is not discharged for these reasons if an anticipation of larger profits is not met, the required raw material becomes available at a very expensive price due to the start of a war, or if a sudden depreciation of currency happens.
- Impossibility due to failure of third party: A contract is also not discharged if it was unable to be carried out because a third party the promisor had depended on defaulted.
- Strikes, lock-outs, and civil disturbances: Events like strikes, lockouts, or public unrest do not discharge a contract unless the parties explicitly consented to such terms at the time the contract was signed.
- Failure of one of the objects: In addition to the aforementioned situations, if a contract is made for a number of purposes, the simple failure of one of those purposes does not cancel the agreement.
Which one of the following is a void contract?
- Unilateral contract
- A contract which ceases to be enforceable by law
- Implied contract
- Express contract
Answer (Detailed Solution Below)
Option 2 : A contract which ceases to be enforceable by law
Void Contract Or Agreement
Section 2(j) of the Act defines a void contract as “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. This makes all those contracts that are not enforceable by a court of law void.
- An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract;
- A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.
Therefore, A contract which ceases to be enforceable by law is a void contract.
1. Unilateral Contract:
- A unilateral contract is a contract agreement in which an offeror promises to pay after the occurrence of a specified act.
- In general, unilateral contracts are most often used when an offeror has an open request in which they are willing to pay for a specified act.
- An example of a unilateral contract is an insurance policy contract, which is usually partially unilateral. In a unilateral contract, the offeror is the only party with a contractual obligation.
2. Implied contract:
- An implied contract is a legally-binding obligation that derives from actions, conduct, or circumstances of one or more parties in an agreement.
- It has the same legal force as an express contract, which is a contract that is voluntarily entered into and agreed on verbally or in writing by two or more parties.
3. Express Contract:
- An express contract is a contract whose terms the parties have explicitly set out. This is also termed as a special contract.
- In an express contract, all the elements would be specifically stated. In an express contract, the agreement of the parties is expressed in words, either in oral or written form.
Which one is the correct sequence implied in the Indian Contract Act 1872?
(A) Offer of proposal
(B) Contract
(C) Promise
(D) Agreement
(E) Acceptance
Choose the correct answer from the options given below:
- (C), (E), (A), (D), (B)
- (D), (B), (C), (A), (E)
- (B), (D), (C), (E), (A)
- (A), (E), (C), (D), (B)
Answer (Detailed Solution Below)
Option 4 : (A), (E), (C), (D), (B)
The Indian Contract Act, 1872:
- The Indian Contract Act, 1872 defines the term Contract under its section 2(h) as "An agreement enforceable by law".
- This Act is based upon the principles of English Common Law.
- All agreements are contracts if they are made by the free consent of parties that are involved in the contract, for a lawful consideration with a lawful object, and are not hereby expressed to be void.
The following are the correct sequence implied in the Indian Contract Act 1872:
1. Offer: According to the Indian Contract Act 1872, the proposal is defined in Section 2 (a) as “when one person will signify to another person his willingness to do or not do something (abstain) with a view to obtain the assent of such person to such an act or abstinence, he is said to make a proposal or an offer.”
2. Acceptance: The Indian Contract Act 1872 defines acceptance in Section 2 (b) as “When the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted. Thus the proposal when accepted becomes a promise.”
3. Promise: Section 2 of the Indian Contract Act of 1872 defines what promises are- When someone expresses his willingness to do (or not to do) something, he is said to make a proposal. When the other person (to whom the proposal is made) accepts the proposal, the proposal becomes a promise.
4. Agreement: An agreement between private parties creating mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. Agreement = Offer + Acceptance.
5. Contract: The Indian Contract Act, 1872 defines the term “Contract” under its section 2 (h) as “An agreement enforceable by law”. In other words, we can say that a contract is anything that is an agreement and enforceable by the law of the land.
The objective of the Contract Act is to ensure that the rights and obligations arising out of a contract are honored and that legal remedies are made available to an aggrieved party against the party failing to honor his part of the agreement.
Therefore, option 4 is the correct answer.
Statement I): Agreement without consideration is always valid.
Statement II): All contracts are agreements but all agreements are not contracts.
In the context of the above two statements, which one of the following codes is correct?
- Statement I and II both are correct
- Both Statements I and II are incorrect
- Statement I is incorrect and Statement II is correct
- Statement I is correct and Statement II is incorrect
Answer (Detailed Solution Below)
Option 3 : Statement I is incorrect and Statement II is correct
Statement I): Agreement without consideration is always valid.
Explanation:
Agreement: In legal parlance, the word ‘agreement’ is used to mean a promise/commitment or a series of reciprocal promises which constitutes consideration for the parties to contract. In an agreement, one person offers or proposes something to another person, who in turn accepts the same. In other words, offer plus acceptance amounts to the agreement, or we can say that an accepted proposal is an agreement.
Therefore, Agreement without consideration is always valid is incorrect.
Statement II): All contracts are agreements but all agreements are not contracts.
Explanation:
Contract Vs. Agreement: An agreement is any understanding or arrangement reached between two or more parties. A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law. Thus, all contracts are agreements but all agreements are not contracts.
Thus, option 3 is the correct answer.
Arrange the following in order of their manifestations:
a) Offer
b) Acceptance
c) Breach of contract
d) Contract
Choose the correct option from the following:
- a, b, c and d
- a, b, d and c
- b, c, a and d
- a, d, c and b
Answer (Detailed Solution Below)
Option 2 : a, b, d and c
The following are listed in order of their manifestations:
1. Offer: According to the Indian Contract Act 1872, proposal is defined in Section 2 (a) as “when one person will signify to another person his willingness to do or not do something (abstain) with a view to obtain the assent of such person to such an act or abstinence, he is said to make a proposal or an offer.”
2. Acceptance: The Indian Contract Act 1872 defines acceptance in Section 2 (b) as “When the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted. Thus the proposal when accepted becomes a promise.”
3. Contract: The Indian Contract Act, 1872 defines the term “Contract” under its section 2 (h) as “An agreement enforceable by law”. In other words, we can say that a contract is anything that is an agreement and enforceable by the law of the land. Agreement = Offer + Acceptance.
4. Breach Of Contract: A breach is a failure by a party to fulfill the obligations under a contract.
First, there will be an offer made by one party to the other. If the other party accepts the offer, it becomes a contract (if enforceable by law). If the other party fails to perform the obligations of the contract, it will be considered as breaching.
Thus, option 2 is the correct answer.
Indian Contract Act, 1872 MCQ Question 11:
In which of the following cases, the Doctrine of Supervening impossibility will apply?
- Difficulty in performance
- Commercial Impossibility
- Impossibility known to the parties at the time of making of the contract
- Strikes, Locks-outs, and civil disturbances
Answer (Detailed Solution Below)
Option 3 : Impossibility known to the parties at the time of making of the contract
The correct answer is Impossibility known to the parties at the time of making of the contract.
- The Indian Contract Act, 1872 states in Section 56, paragraph 2, that if the doctrine of supervening impossibility applies and a contract becomes impossible or illegal to perform after it is formed, it will be void.
- It's interesting to note that, generally speaking, the inability to perform a contract is not a reason for failing to do so.
- It only applies where this impossibility results from causes outside the parties' control. They can only be released from any additional contract obligations in that scenario.
- Here, Impossibilities are known to the parties at the time of making of the contract that's why it will be applied.
Doctrine of Supervening Impossibility will be applied in following cases:
- Destruction of Subject Matter of Contract: A contract is dismissed if, after it is formed, its subject matter is destroyed without any of the parties' fault.
- Non-existence or non-occurrence of a particular state of things: There are occasions when a contract is made based on the occurrence or existence of a specific condition. However, if the circumstances that formed the contract's very foundation change or cease to exist, the agreement is null and void
- Death or Incapacity of Services: If the performance of a contract depends on a party's qualifications or personal skills and that party's demise, illness, or incapacity renders the contract void, the contract may also be discharged by supervening impossibility. This is true because the contract's implied terms include a man's life.
- Change of law or stepping in of a new law: After the creation of a contract, it is possible that the law changes or that an amendment is made to an ordinance, a special act, or a set of government regulations. The contract is discharged since the change makes it impossible to carry out the terms of the agreement.
- Outbreak of war: When two parties from separate nations sign in to a contract with one another and a war is subsequently declared between the countries, the contract typically becomes void since it cannot be carried out.
- Difficulty in performance: The mere fact that it is now more difficult to carry out a contract due to unforeseen circumstances or delays does not deem it to be fulfilled.
- Commercial Impossibility: A contract is not discharged for these reasons if an anticipation of larger profits is not met, the required raw material becomes available at a very expensive price due to the start of a war, or if a sudden depreciation of currency happens.
- Impossibility due to failure of third party: A contract is also not discharged if it was unable to be carried out because a third party the promisor had depended on defaulted.
- Strikes, lock-outs, and civil disturbances: Events like strikes, lockouts, or public unrest do not discharge a contract unless the parties explicitly consented to such terms at the time the contract was signed.
- Failure of one of the objects: In addition to the aforementioned situations, if a contract is made for a number of purposes, the simple failure of one of those purposes does not cancel the agreement.
Indian Contract Act, 1872 MCQ Question 12:
What is consent under the Indian Contract Act, 1872:
- When acceptance of proposal is made by the party to whom the proposal is made
- When the acceptance is made by another person other than the person to whom the proposal is made
- When they agree upon the same thing in the same sense
- When both the parties agree upon a thing in the way it is understood by them
Answer (Detailed Solution Below)
Option 3 : When they agree upon the same thing in the same sense
The Indian Contract Act, 1872:
- The Indian Contract Act, 1872 defines the term Contract under its section 2(h) as "An agreement enforceable by law".
- This Act is based upon the principles of English Common Law.
- All agreements are contracts if they are made by the free consent of parties that are involved in the contract, for a lawful consideration with a lawful object, and are not hereby expressed to be void.
Consent under the Indian Contract Act, 1872:
- According to section 13 of the act, "two or more persons are said to be in consent when they agree upon the same thing in the same sense which is also known as Consensus-ad-idem.
- According to Section 14 of the act, Consent is said to be free when it is not caused by coercion or fraud or misrepresentation or undue influence or mistake.
Therefore, when two or more persons agree upon the same thing in the same sense is consent under the Indian Contract Act, 1872.
Elements of free consent:
- It should be free from coercion.
- The contract should not be done under the pressure of the undue influence of a superior.
- The contract should be done without any intention of fraud.
- The contract should not be made through misrepresentation of data.
- The contract should not be made by mistake.
Indian Contract Act, 1872 MCQ Question 13:
In the contract of agency, Implied agency may arise by:
A. Agency by Estoppel
B. Agency of Necessity
C. Agency by Ratification
D. Agency by Holding out
- Both A and B
- A, B and C
- Both B and D
- All of the above
Answer (Detailed Solution Below)
Option 2 : A, B and C
Agent contract
The Agency system is very popular in the current business scenario. There are two parties in the agency system one is the principal and the agent. An agent is a person acting on behalf of his principal. It’s a connecting link between the principal and the third party. Herein we will discuss the creation of an agency under the Indian Contract Act, 1872.
Implied Agency:
Implied agency arises when there is any conduct, the situation of parties, or is necessary for the case. Implied agency includes
1. Agency by estoppel:
- The concept of agency by estoppel arises where one person acts in such a way that the other believes that a third person is authorized to act on his behalf and enters into a transaction with the third person, the person whose act induced him to do so, is liable for that agreement as if the third person acting on his behalf.
- It is based on principles of natural justice and equity.
2. Agency by necessity
- It is a type of legal relationship in which one party can make essential decisions for another party.
- The courts recognize agency by necessity during an emergency or urgent situation under which the beneficiary is unable to provide explicit authorization.
3. Agency by Ratification:
- A confirmation by the principal of an act or contract performed or entered into on his or her behalf by another, who assumed, without authority, to act as his or her agent.
Agency by holding out may be created by “holding out” where a principal allows a nonappointed person to represent himself as his agent to a third party and does not object. Agency may be created by ratification, where an agent acts without authority and the principal ratifies his conduct. Therefore, it's not an implied agency.
Indian Contract Act, 1872 MCQ Question 14:
Statement I: As per Section 125 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other party from loss caused to him.
Statement II: The person who promises to indemnify or make good the loss is called the indemnity holder and the person whose loss is made is called indemnifier.
Which of the above statement (s) is/are true?
- Only I
- Only II
- Both I and II
- None of the above
Answer (Detailed Solution Below)
Option 4 : None of the above
Both statements are incorrect.
An explanation for Statement I:
Section 125: The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promiser-
(1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies;
(2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promiser, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promiser authorized him to bring or defend the suit;
(3) all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promiser, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promiser authorized him to compromise the suit.
However, As per Section 124 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other party from loss caused to him.
An explanation for Statement II:
There are generally two parties in indemnity contracts:
- The Indemnity holder is the one who is protected from any liability.
- The Indemnifier is the one who promises to reimburse the Indemnitee for any claims.
Therefore, the person who promises to indemnify or make good the loss is called the indemnified, and the person whose loss is made is called the indemnity holder.
Indian Contract Act, 1872 MCQ Question 15:
Which one of the following is a void contract?
- Unilateral contract
- A contract which ceases to be enforceable by law
- Implied contract
- Express contract
Answer (Detailed Solution Below)
Option 2 : A contract which ceases to be enforceable by law
Void Contract Or Agreement
Section 2(j) of the Act defines a void contract as “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. This makes all those contracts that are not enforceable by a court of law void.
- An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract;
- A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.
Therefore, A contract which ceases to be enforceable by law is a void contract.
1. Unilateral Contract:
- A unilateral contract is a contract agreement in which an offeror promises to pay after the occurrence of a specified act.
- In general, unilateral contracts are most often used when an offeror has an open request in which they are willing to pay for a specified act.
- An example of a unilateral contract is an insurance policy contract, which is usually partially unilateral. In a unilateral contract, the offeror is the only party with a contractual obligation.
2. Implied contract:
- An implied contract is a legally-binding obligation that derives from actions, conduct, or circumstances of one or more parties in an agreement.
- It has the same legal force as an express contract, which is a contract that is voluntarily entered into and agreed on verbally or in writing by two or more parties.
3. Express Contract:
- An express contract is a contract whose terms the parties have explicitly set out. This is also termed as a special contract.
- In an express contract, all the elements would be specifically stated. In an express contract, the agreement of the parties is expressed in words, either in oral or written form.