Making a Move and Types of Contracts Involved

by Abha Kashyap Managing Patner

A right move is the key to turn a court order or judgment in your favor. Therefore, it is important to put your best foot forward when submitting your application related to order or a rule, or to seek their interference in a case or a legal matter. The process of making a legal move comprises a set of necessary actions to be employed by a litigant concerning a court order directing the relief sought.

Here is a checklist / types of contracts that the litigant must consider before making a legal move:

Take cue from other trials.

Before making your move in the court, it is important to study similar cases and consider what worked for them what didn’t. This will enable you to strategize what information and resources you will need while presenting your case in the court.

Come prepared

Make sure you have done your homework. You should have a clear idea of what to expect and what not. Interview your witnesses and make sure they are available to be testified in the court. Keep a checklist of the necessary documents you will need in the court and make sure you have all those copies in the court. Keep a trial notebook that contains a complete record of the proceedings of the case.

Keep your argument convincing and back them up with evidences

Develop a consistent, convincing and compelling theme for your case. At the same time, it is important you have all the necessary evidences to back your theory and claims. Also, the evidence you are planning to strengthen your case should be admissible in the court.

Keep a room for negotiations and settlement

Sometimes it’s good to go for settlements. Therefore, keep a detail of the points you would like to consider while making a negotiation so that you have an advantage with settlement rather than fighting a long and futile battle in the courtroom.

Now that you know the intricacies of making a move, let’s be aware of different types of contracts involved in this legal process so that you make a watertight case for you:

Valid Contract

Under Section 10 of the Indian Contract, 1872, a contract is enforceable if it satisfies the following requirements:

Their object is lawful.
There is some consideration for it.
Their consent is free.
The parties are competent to contract.

Voidable Contract

A voidable contract comes under Section 2 (i) of the Act. Free consent is the important requirement of this contract. ‘Free consent’ refers to the consent which is not caused by undue influence, fraud, coercion, or misrepresentation. A voidable contract is valid until the party who has made the contract rescinded it.

Void Contract

A void contract does not enforce any obligation or right as there is no law to cover it. Void agreements are categorized under Sections 24-30 of the Act. Here are the agreements that are declared to be void:

Agreements unlawful in part (Section 24)
Agreements without consideration (Section 25)
Agreements in restraint of marriage (Section 26)
Agreements in restraint of trade (Section 27)
Agreements in restraint of legal proceedings (Section 28)
Unmeaning agreements (Section 29)
Wagering agreements (Section 30)

Unenforceable Contract

Unenforceable contracts are good in substance but some technical defect can lead to suing of both the parties. These defects may include the absence of registration, writing and/or time-barred by the law of limitation among others.

Illegal/unlawful Contract

The object or consideration of these agreements is forbidden by law. However, they are different from void contracts in the sense that all illegal contracts are considered void but all void contracts are not illegal as the law may state their existence but they are unenforceable by law.

Originally posted on www.kpalegal.com on 21st April 2020