Contracts can be categorised by how they are formed:
Express contract: An express contract is one where the terms are explicitly stated, either in writing or verbally, leaving no room for ambiguity.
- Example: Ajay offers to buy Tushar’s laptop for Rs. 50,000. Tushar explicitly agrees by either saying, “I accept your offer,” or providing a written receipt. Their clear terms form an express contract
Implied contract: An implied contract is not expressed verbally or in writing but is inferred from the actions or circumstances of the parties.
- Example: When a person visits a doctor, there is an implied contract that the doctor will provide medical services, and the patient will pay for them, even without an explicit agreement
Types of contract on the basis of consideration
Contracts based on consideration focus on the mutual exchange of promises:
Bilateral contract: A bilateral contract involves mutual promises from both parties. Each party is both a promisor and a promisee.
- Example: A construction company agrees to build a house for a client, and the client agrees to pay Rs. 50 lakh. Both parties are bound to fulfil their commitments
Unilateral contract: A unilateral contract involves a promise made by one party that can be accepted by anyone willing to fulfil the stipulated conditions.
- Example: A company offers a reward for information leading to the recovery of lost property. Only those who provide the information fulfil the contract
Types of contract on the basis of execution
Contracts are further divided based on their execution:
Executed contract: An executed contract is one where the obligations are fully performed by one or both parties.
- Example: Purchasing a product from a store is an executed contract where payment and delivery occur simultaneously
Executory contract: An executory contract is one where the obligations are yet to be performed by one or both parties.
- Example: A publishing company agrees to publish an author’s book in 6 months. The agreement remains executory until the book is published and payment is made
Types of contract on the basis of validity
Contracts can also be classified based on their legal enforceability:
Valid contract: A valid contract satisfies all legal requirements and is enforceable by law.
- Example: Meghna agrees to lease her apartment to Laila for Rs. 24,000 per month for one year. Since the terms are clear and both parties are of legal age, the contract is valid
Void contract: A void contract lacks legal enforceability due to missing critical elements or an illegal purpose.
- Example: An agreement to commit an illegal act, such as a bank robbery, is void
Voidable contract: A voidable contract is initially valid but can be annulled by one party due to specific circumstances like misrepresentation or undue influence.
- Example: Jay is coerced into selling his car to Mayukh for a much lower price. Jay can later void the contract
Unenforceable contract: An unenforceable contract may appear valid but cannot be enforced in a court due to legal deficiencies.
- Example: An oral agreement to sell real estate, which the law typically requires to be in writing, is unenforceable
Types of contracts commonly used in business
Listed below are the types of contracts commonly used in business:
- General business contracts: These cover a range of agreements including partnership agreements, indemnity clauses, non-disclosure agreements (NDAs), and property or equipment leases. While their formats vary, each outlines key terms and responsibilities critical to business relationships.
- Bill of sale: A bill of sale legally transfers ownership of property from one party to another, usually in exchange for money. Commonly used in transactions like equipment sales or vehicle transfers, it's one of the simplest contracts to execute.
- Employment contracts: Used when hiring staff, these agreements define the employee’s role, compensation, responsibilities, and other terms. They help protect both employer and employee by clearly outlining expectations.
- Licensing agreements: These contracts grant one party the right to use a product, service, or intellectual property in exchange for royalties. All terms, including usage rights and payment structure, are spelled out in detail.
- Promissory notes: A promissory note is a written promise by one party to repay a specified amount to another. While repayment is typically due on demand, the lender must provide notice as per the contract terms.
Why it’s important to understand the types of contracts
Understanding the different types of contracts is essential for business owners. It helps you choose the right agreement for each situation and ensures you're not caught off guard when reviewing contracts presented by others. Knowing what to expect in various agreements allows you to make informed decisions, avoid legal pitfalls, and manage your operations more efficiently. It also contributes to smoother business processes and better relationships with customers and partners.
Conclusion
Understanding the different types of contract is essential for businesses and individuals alike. These classifications provide a framework for navigating the complexities of legal agreements and ensuring compliance with the law. For businesses looking to secure a strong financial foundation, a Bajaj Finserv Business Loan can offer the necessary support to meet contractual obligations or expand operations. With quick approvals, competitive business loan interest rates, and flexible repayment options, these loans are ideal for addressing diverse business needs.
Whether forming contracts or exploring financial solutions, a clear understanding of rights and obligations helps businesses thrive. Explore Bajaj Finserv Business Loans today to empower your journey towards success.
