Question

Which one of the following is essential for an agreement to become a contract?

• A. without consideration
• B. legal enforceability
• C. religious obligation
• D. conditional consent

Hint:

Always remember the simple formula: \( \text{Agreement} + \text{Legal Enforceability} = \text{Contract} \).
This is defined under Section 2(h) of the Indian Contract Act, 1872.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks for the critical element required to elevate an agreement into a contract.
We need to refer to the statutory definitions and essential conditions outlined in the Indian Contract Act.


Step 2: Detailed Explanation:

• Section 2(h) of the Indian Contract Act, 1872 explicitly defines a contract as: "An agreement enforceable by law is a contract."

• This means that every contract is an agreement, but only those agreements that can be enforced in a court of law become contracts.

• For an agreement to have legal enforceability, it must satisfy the requirements of Section 10 of the Act.

• These requirements include free consent of the parties, competence of the parties to contract, lawful consideration, and a lawful object.

• An agreement "without consideration" is generally void under Section 25, subject to certain exceptions, making Option (A) incorrect.

• Religious or moral obligations do not carry legal enforceability and thus do not create binding contracts under civil law, making Option (C) incorrect.

• Free and absolute consent, rather than conditional consent, is required for a standard contract, making Option (D) incorrect.



Step 3: Final Answer:
Legal enforceability is the essential element required for an agreement to become a contract, as per Option (B).