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according to indian contract act can a contract made on oral basis?

2007-01-21 21:11:46 · 14 answers · asked by ekansh g 1 in Politics & Government Law & Ethics

14 answers

No contract cannot be oral.........
it should be in written and signed by both parties
then only it's called as contract..........

2007-01-21 21:39:31 · answer #1 · answered by Anonymous · 0 0

In the United States, a contract can be oral. In fact, a contract can be made without any writing or words at all.

For example, a man picks up an apple from a stand where apples are sold. He looks up at the vendor and the vendor nods. The man bites the apple. There is a enforceable contract for the sale of the apple (from the restatements of contract 2).

Some contracts, have to be in writing to be enforceable, such as contracts for the sale of interest in land,

2007-01-21 22:45:24 · answer #2 · answered by tallthatsme 4 · 0 0

A simple contract is one wherein there is a meeting of the minds between the parties to a contract, whereby one binds himself with respect to the other, to give something or to render service.

In light of the above, YES, there may be an ORAL contract.

In our laws, contracts may be ORAL or WRITTEN. But of course, to be sure, you must consult the Laws of India with regards to Contracts and Obligations.

2007-01-21 21:58:47 · answer #3 · answered by xhaleursoul 1 · 0 0

In order to be a valid contract under the Indian Contract Act a Contract must be in writing. According to Sec 10 of the Act on of the essenials of a valid contract is that it must be in writing.

2007-01-21 21:24:42 · answer #4 · answered by vidhya R 1 · 0 0

Yes, surely a contract can be oral.

It is not unknown to our world. Earlier we only had oral contracts. Later on we had to write them down inorder to avoid litigative expenses. We have Munlti Nationals entering into oral contracts even as I say this.

It is but common sense and a little bit of logic that oral contracts are legally enforceable.

Contracts are nothing but governed by our daily practice and procedures. We enter into invariable oral contracts daily without being concious of the fact. Oral contracts are implied contracts. We can prove them by oral evidence or documentary evidence. Oral evidence would be the persons aware of the facts and circumstances revolving around the oral contract. And we can let in documentary evidence by placing precedents or previous incidents by way of circumstantial documents.

The best example of an oral contract is our system of marriage. Be it a Hindu, Muslim or Christian, all of them enter into oral contracts for marriage. Of course due to the commencement of the Compulsory Registration of Marriages Act, 2003, it is now mandatory to register all marriages.

Gifts are orally made even as on today.

In muslim law divorce/talak is pronounced orally.

Do we have a written contract with our
Paper boy for the newspapers
Milk boy for the milk
likewise conventional groceries store, cable guy and many of them.

I am not able to recollect the day to day oral contracts entered into by companies but I will surely add them and notify them as and when I am able to.

Believe me it is but logic and common sense.

2007-01-21 23:43:11 · answer #5 · answered by thiru 2 · 1 0

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2016-11-26 01:39:39 · answer #6 · answered by Anonymous · 0 0

I don't know. But the best thing is to have a written contract.

2007-01-21 22:00:13 · answer #7 · answered by Avner Eliyahu R 6 · 0 0

No. We have a saying, an oral agreement is only as good as the paper it is written on.

2007-01-21 21:20:24 · answer #8 · answered by Anonymous · 0 0

no, a contract cannot be oral.because oral contract is based on faith,but it does not provide evidence.

2007-01-21 21:18:28 · answer #9 · answered by sweety 1 · 0 1

It is a word of honour! With honourable parties, yes, it is an enforcable contract!

2007-01-21 21:25:31 · answer #10 · answered by swanjarvi 7 · 1 0

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