How to Draft a Lawyer-Friendly Contract ?
PUBLISHED ON 24.08.2021 BY MS. APARNA JAIN, MS. HARINDER NARVAN, MS. AASHRIKA AHUJA AND MR. DEBANJAN ROY CHOUDHURYINTRODUCTION
In legal parlance, a contract refers to any agreement which can be enforced by law. It includes offer by one party and acceptance of that offer by the other party in exchange of lawful consideration. All agreements are contracts if they are made with the free consent of parties who are competent to contract in exchange of a lawful consideration with a lawful object. The contract is a foundation of any business and the manner in which contract and agreements are drafted between the parties squarely determine the course of action the business will take in the future. At Knowledgentia, which is the best litigation firm in India, we have a competent team where we ensure that contract drafting and goals set by the parties for their businesses are simple, clear and specific. Contract drafting is a practice that involves specific techniques as
well as skill.
THE ESSENTIALS OF A VALID CONTRACT:-
- to be formulated at least between two parties.
- Parties should be competent to contract-free consent.
- Involving a lawful consideration.
At Knowledgentia Consultants being the best corporate international law firm in India, we ensure to include specific details while drafting contracts and agreements for our clients including the details regarding parties to the contract, the date of the contract, the place of arrangement and the addresses of the place of business of the contracting parties. The contract also includes the list of parties expected to be bound, their lawful status, the place of business and the change in party proprietorship. Offering services across borders and global IPR Protection, we ensure that all contracts include declarative statements of facts and intentions. These are essential as they set out the phase of the agreement, giving the essential content, structure and setting of the transaction. All contracts are unique as the parties involved have unique preferences, line of business as well as arrangements between them but we ensure that all contracts that we draft on behalf of our clients express and record each and every term of agreement between the parties.
Few cases are illustrated as below that testify to the fact how our team at Knowledgentia takes into account all nitty gritties involved around contract drafting by keeping ourselves updated about significant legal principles. This is why you need not think twice before consulting with Knowledgentia which is the best law firm in India for drafting as well review of your contracts.
- LALMAN SHUKLA VS. GAURI DUTT  40 ALJ 489
The case between the plaintiff Lalman Shukla and the defendant Gauri Dutt examined the validity of the contract in the absence of prior acceptance. According to the judgement given by the Allahabad high court, a contract without acceptance is void. Therefore, the communication of the proposals means that the party to whom the offer or the proposal is made must come to the knowledge of the other party before accepting the proposal.
- MOHIRI BIBEE VS. DHARMODAS GHOSE ILR (1903) 30 CAL 539
In this case the argument given was that as per sections 64 and 65 of the Indian Contract Act, 1872 if any contract is void or voidable then the benefits received by both parties have to be restored. The Court cancelled this contention and stated that the said sections of the Indian Contract Act, 1872 are not applicable because it states that there has to be a contract and there was no contract as one party was minor.
- UNION OF INDIA V. BHIM SEN WALAITI RAM, (1969), 3 SCC 146
The Court held that acceptance of any offer may be either absolute or conditional. If the acceptance is conditional, offer can be withdrawn at any moment until absolute acceptance has taken place.
Whether it be contract drafting or review of contracts, Knowledgentia can be your trusted partner in all matters concerning efficient and smooth conduct of your business through our expertise in securing your business interests through drafting contracts that are clear and succinct in expression leaving no room for any ambiguity.