points things to remember while drafting a contract.

 

Introduction:

In our day to life we get into various agreements even when we buy things from the market or hire a taxi to travel or when we buy train tickets even though these contracts may only be expressed or oral and because of which it’s important we know the basics of the concept and in field of litigation, an advocate must know the basic elements of drafting a contract because when you are from legal background people expect that you must know the basics of a contract.

In the legal profession, contract drafting is very important because the contract is an instrument that basically defines the relationship between the parties and the rights and duties of the parties and there are many judgments providing that a contract must be absolute, and the content of the contract must be clear.

To draft a contract, it’s important that there should be two or more parties that should be competent to contract[1] which is the parties of the contract must not be minor and must be sound by mind and parties must not be disqualified by law.

Object:

Every contract is made with an object which also creates a relationship between the parties, but the question arises where a contract is created with the object to steal something from someone is it a valid contract?

Of course, not because it’s important that the object of the contract must be legal because if the object of the contract is not legal it cannot be enforced by the law and without enforcement it is merely an agreement, so it’s important to make sure that agreement must be enforceable by law and to do that it’s important your object of the contract must be legal.

The object of the contract also sets some obligations for the parties which both parties must fulfill to attain the objective of the contract.

Obligation and Consideration:

To attain the objective of the contract both or all parties must complete some obligation to attain the objective of the contract and it’s important that obligation must be legal too and for such obligation, parties get in return some consideration.

Consideration can be money or in any kind which must be specified in the contract and its important that the consideration must be legal because a contract cannot be enforceable without the legal object and consideration[2].

While drafting a contract its important that the obligation and the consideration of the contract must be specified clearly and must not create any kind of doubts regarding the obligations and consideration of the contract and there should not be any ambiguity in the contract because this may result in creating disputes regarding the contract.

Consent:

The parties of the contract must have the consent to get into the contractual relationship and all the parties of the contract must have free consent and the knowledge of the content of the contract any contract with the intention of fraud or misrepresentation or coercion or undue influence is avoidable[3].

While drafting a contract a person must make sure that the contract must be understandable to both parties and the contract must be drafted with the consent of the parties’ contract must not have any hidden points which is put there just to create an advantage of the one-party over another[4].

Dispute:

The party of the contract will always have a dispute and in case of dispute Court will consume more time and money, so in that scenario, the person who is drafting the contract must consider the possibility of such disputes and make some provisions for the alternative option to resolve the dispute.

There are various alternative options to resolve the dispute and to resolve such dispute the person who is drafting the contract must add a provision for the arbitration and make sure that place of resolving such dispute so that parties know where to address for the redressal of the dispute.

Conclusion:

While drafting a contract it’s important to make sure that we address the parties properly and they have the capacity to be in a contract and clarify the contractual relationship which the parties will share, and the parties and the parties must have mutual consent regarding the contract.

Every contract has its own objective and to attain such an objective both parties have committed some obligation and provide some consideration and the person who is drafting that contract must make sure that that obligation and contract must be clearly mentioned and able to be understandable.

The person who is drafting the contract must never be sure that the contract would be enough to resolve the dispute and put a provision to redress the dispute without going to the Court so it may not arise the crises which consume time and money of the parties over the dispute.