How to Draft Excellent Contracts: Best Practices, Procedure, Principles, Important Cases

Author-Aman Tyagi, University Five Year Law College, University of Rajasthan

INTRODUCTION-

In this comprehensive article, my primary aim is to thoroughly explain the fundamental aspects of a contract, aiming to provide clear and concise definitions accessible to both lay individuals and legal professionals alike. Throughout the discussion, I have precisely outlined the crucial components inherent in contracts, with a dedicated focus on examining pertinent precedents and case laws to enhance understanding.

Diving further, we have delved into the foundational element’s integral to the art of drafting, offering insights on streamlining the process by diligently considering essential factors. To conclude, I’ve exactly crafted a detailed, step-by-step guide to empower you in the creation of excellent contracts. Additionally, I’ve included a collection of supplementary tips, ideally placed to be helpful factors during the detailed task of creating contracts.

What is a contract?

Let’s start with defining contract in the most laymen’s terms “A contract is a legally binding agreement at least between two parties to create mutual obligations that businesses and individuals use to protect their business or personal interests. They also aim to outline the engagement for a transaction. They can also dictate legal consequences if a party tries to break the agreement.”[1]

Contracts can be written or verbal. Generally, most businesses favor written contracts as they can easily be referred to in future matters. Written contracts are also less ambiguous, hence eliminating any future enforcement problems.

After defining it in simple terms let’s also define it in the Lawmen language don’t worry this won’t mean that it can’t be understood in this language but it requires you to use more of your legal aptitude. To define it legally Sir William Anson defines a contract as “a legally enforceable agreement between two persons wherein two or more persons get a legal right and some have to fulfil corresponding legal responsibilities”[2]. To put it simply a contract is an agreement that interprets the obligations of various parties involved in it.

Henceforth a contract is an agreement between two or more competent parties based on mutual promises, to do or refrain from doing a particular that is neither illegal nor impossible.

Taking into consideration the perspective of India let’s also define contracts according to Indian Contracts Act 1872, ICA 1872 Section 2(h) defines a contract as an “agreement enforceable by law”[3]. This denotes that there are two main ingredients of a contract: an agreement and enforceability. Only a valid contract is enforceable by law and a contract must fulfil certain conditions to be valid.

After reading the above-discussed definitions a doubt might have arisen in your mind whether contracts and agreements are the same. To clear this let’s, distinguish between the two and take into consideration relevant examples to help us understand this fully.

Contracts and Agreements distinguished?

The terms contracts and agreements are often used interchangeably but in the legal landscape differences though minor are important to be taken into consideration to avoid any future legal hassle. They can be distinguished on the following grounds:-

Features	Agreement	Contract
Definition	An arrangement (usually informal and unwritten) between two or more parties that is not enforceable by law.	A formal arrangement between two or more parties(usually written) that, by its terms and elements, is enforceable by law.
Does it need to be in writing?	An agreement is not required to be written.	A contract also doesn’t necessarily require to be written however in some cases it’s a legal necessity for them to be written for enforceability.   These are often referred to as “statute of frauds” requirements.   Examples of contracts that typically fall under the statute of fraud and must be in writing include: Contracts involving the sale or transfer of real estate, Contracts that cannot be performed within one year from the date of formation, Contracts to pay the debt of another person, etc.
Consideration requirements	An agreement doesn’t require consideration.	A contract requires the presence of consideration in a contractual agreement.
Relevant examples	You agree with your friend to buy their car for Rs 5,00,000. This is a mutual understanding or arrangement between you and your friend, but it might not be legally binding if it lacks essential elements or if it’s merely a casual conversation.	You and your friend draft a written agreement specifying the terms of the car sale, including the price, payment method, and any conditions. Both parties sign the document. Now, it has become a legally binding contract.

 

Hence these were the differences that might have aided you in understanding though minor but important differences between contracts and agreements. Concluding our discussion about the differences between the two, it’s a legally accepted principle that “While every contract is an agreement, every agreement is not a contract.”[4] This statement has been propagated by Anson.

Moving forward in the discussion of contracts we must know the essentials of contracts and also its essential requirements to make a legally comprehensive enforceable contract.

Essentials of Contracts – 

To make an agreement a validly enforceable contract in law certain essentials are needed to be satisfied. Henceforth let’s delve into the explanation of the required essentials for a contract along with some decided case laws to understand them holistically.

The essentials of a contractual agreement(as per ICA 1872) are as follows: –

1. Offer and Acceptance – “There must be a clear offer by one party and a corresponding acceptance by the other party. Generally, the written contract only unfolds when the other party accepts the offer by one party and is definite in all senses. The offer or agreement must be clear and complete in all senses. Both parties should communicate to ensure there is no lapse in the contract act. Both the offer and acceptance must be “consensus ad idem”, meaning( meeting of the minds), to put it simply both parties must comply with the same thing.” [5]

Mere silence is not constituted as acceptance of to offer. An offeree is not generally obligated to respond to an offer and their silence does not imply agreement.

One more important thing to consider is that an invitation to offer is not an offer in itself. Taking an example of decided case law in “Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953): Goods displayed on shelves in a store are an invitation to customers to make an offer to purchase.”[6]

Some Relevant case laws on offer and acceptance  –

Carlill v. Carbolic Smoke Ball Company (1893)-

• Facts: The Carbolic Smoke Ball Company advertised a product that they claimed could prevent influenza. They offered a reward to anyone who used the smoke ball according to the instructions and still got the flu.
• Legal Issue: Was the advertisement a valid offer, and was Mrs Carlill entitled to the reward for using the product as directed and still contracting influenza?
• Judgement: The court held that the advertisement was an offer, and Mrs. Carlill was entitled to the reward as she had accepted the offer by using the product as instructed and suffering from influenza.”[7]

Felthouse v Bindley (1862)-

• Facts: Felthouse wanted to purchase a horse from his nephew. He wrote to his nephew, stating, “If I hear no more about him, I consider the horse mine at £30.” The nephew intended to sell the horse but failed to respond to the letter.
• Legal Issue: Did the nephew’s silence amount to acceptance of the offer, and was a contract formed?
• Judgement: The court held that there was no contract. Silence does not constitute acceptance unless there is a prior agreement that silence would amount to acceptance. In this case, the nephew’s failure to respond meant that there was no acceptance, and therefore, no contract was formed.” [8]

2. Intention to Create a Legal Relationship- “To bind, both parties should have a specific intention that can create a legal relationship, resulting in an agreement. Agreements of a social or household nature are not contracts because parties do not intend to build legal relationships.” [9]

Relevant case law on this essential is as follows:

Balfour v. Balfour (1919)-

• Facts: Mr Balfour promised to pay his wife a monthly allowance while he was working abroad, but the relationship later turned sour, and the payments ceased.
• Legal Issue: Did the parties intend for their agreement to have legal consequences, or was it a domestic arrangement without legal intent?
• Judgement: The court held that in domestic agreements, there’s a presumption against legal intent. In this case, there was no intention to create a legal relationship, and the agreement was a domestic arrangement.” [10]

3. The Intent of Legal Obligations- “One of the essential elements of a valid offer is that both parties subject to a contract must be clear with the intent to create a legal relationship. This also means that agreements that are not enforceable by the law like agreements between relatives are enforceable in the court of law.”[11]

Relevant case law on this essential is as follows:

Merritt v. Merritt (1970)-

• Facts: Mr and Mrs Merritt, who were separated, made an agreement in writing regarding the transfer of the family home to Mrs Merritt.
• Legal Issue: Was there an intention to create legal obligations in their written agreement, despite being separated?
• Judgement: The court held that in this case, there was an intention to create legal relations. The written agreement, made during the separation, indicated a clear intention to be legally bound, and Mrs. Merritt was entitled to enforce the agreement.”[12]

4. Possibility of Performance of Agreement- “An agreement should be possible to perform for example suppose two people decide to undergo an agreement where person A agrees to bring person B’s dead relative back to life, this will not fall under the legal contract act because bringing back the deceased person alive is an impossible task. Thus, the agreement does not stand valid.”[13]

Relevant case law on this essential is as follows:

Taylor v. Caldwell (1863)-

• Facts: Caldwell hired Taylor’s hall for musical performances, but the hall was later destroyed by fire before the event.
• Legal Issue: Was it possible for Taylor to perform the contract when the hall was destroyed through no fault of either party?
• Judgement: The court held that the contract was frustrated due to the unforeseen event of the hall’s destruction. Since performance became impossible, the contract was discharged.” [14]

5. Legal Formalities- “In a contractual agreement, if there is any uncertainty and both parties are not capable of finding the right path, then it is deemed void. As a part of the essentials of a valid consideration, the terms and conditions of the contract should be concrete”[15]. Any contract, that is uncertain in any sense, can be termed void. The terms mentioned in the agreement should be capable of performing specific actions or obligations.

Relevant case law on this essential is as follows:

Smith v. Hughes (1871)-

• Facts: Smith sold oats to Hughes, who inspected them without noticing they were of a lower quality. Smith argued that the contract was void because Hughes did not inspect the oats as required by the Sale of Goods Act.
• Legal Issue: Did the failure to inspect the goods in the prescribed manner render the contract void?
• Judgement: The court held that the contract was valid. The legal formality of inspection was not essential to the agreement, and Hughes’ actions indicated acceptance, making the contract binding”[16].

6. Consideration- “Consideration means the moral value given for the performance of the promise. It should not be only limited to money, but there should be some value to what has been agreed upon”[17]. One of the essentials of valid consideration is that it should not be adequate, but should carry some value in the eyes of law.

Relevant case law on this essential is as follows:

Ward v. Byham (1956)-

• Facts: “ Byham promised to send her child regularly to live with Mr. Ward, who was the child’s father. In return, Mr. Ward promised to take good care of the child and provide a suitable home.
• Legal Issue: Was there valid consideration for Ms. Byham’s promise to send the child to live with Mr. Ward?
• Judgement: The court held that there was valid consideration. The mother derived a benefit from the promise that the child would be well cared for, and the father derived a benefit from having the child live with him. The mutual promises constituted valid consideration.”[18]

Henceforth, these are the required essentials and relevant case laws that might have helped you understand the intricacies of contract law in much more detail. Moving on, we must understand the nitty-gritty of contract drafting and how we can draft an excellent contract by keeping in mind the universal best practices.

Essential elements and drafting of a contractual agreement –

Sometimes it looks like the whole world revolves around contracts. They are a crucial part of how all companies interact and how individuals engage in business relations yet drafting can be a daunting task if not done efficiently.

In this segment, I have tried covering minor though important things to consider while drafting a contract so that it is holistic, makes sense, and is even legally enforceable.

You might be wondering if anyone can write a contract. Honestly speaking, there are no specific requirements for you to be a legal practitioner to draft a contract, so you can stop losing sleep now. As we discussed earlier, a contract is simply a written agreement between two or more people.

So, why do people and firms invest so much in consulting counsels for help in drafting contracts? This is because some legal experience and consultancy are beneficial if you want to create a contract that is future-proofed and sealed. Therefore, it is advisable for firms and individuals to seek legal help when drafting a contractual agreement.

Non-negotiable elements of a contract –

1. Agreement – “Contracts are not merely written for the sake of it; they all carry significance. This is why the most crucial element of any contract is the agreement.”[19] Essentially, the agreement is what defines the contract. For instance, in a contract between a seller and a manufacturer, there would be an agreement stating that the seller has committed to purchasing goods from the manufacturer/seller.

It’s important to emphasize that the placement of this information doesn’t affect its importance; what matters is its inclusion in the document. Additionally, it’s crucial to express the contractual agreement as clearly as possible to prevent any potential legal complications or ambiguity in interpretation.

2. The parties- Including the parties in the agreement is essential for a legally enforceable contract. In the case of an agreement between a buyer and a seller, it is crucial to include the names and addresses of the respective parties. This inclusion facilitates the identification of the contracting parties and enables one party to contact the other in case of any future legal issues.
3. Consideration- Sometimes people mistake consideration to be something of monetary value and proportionate in nature however section 2(d) of the ICA 1872 defines consideration as “where the Promisor or anyone else has done or promised not to do or do anything. Such restriction or promise is called a consideration.” [20] It is based on the term “quid-pro-quo” which means “something in exchange”.Two essentials are needed to be satisfied for a valid consideration:
4. “Consideration must move in the direction of the promisor’s desire: In a contract, the promisor promises something to the promisor in exchange for a subsequent act or restraint. As a result, the promisee must only perform his part of the promise at the ‘will’ of the promisor.
5. Consideration on the promisee’s or anyone else’s behalf: If the counterparty has any objections, or if the promisor has any. It can also be transferred to a non-contracting third party. Under Indian law, the consideration does not have to be given solely by the promisee; it can be given by the promisee or any other person.”[21]

Looking at the definition and its interpretation it’s clear that a consideration need not be of some monetary value or proportional to the consideration by the other party rather it should be lawful in the eyes of the law and agreed by both the parties to fall under the category of a valid consideration. “Therefore insertion of consideration into the contract is crucial if you want to make sure that the paying party will be legally bound to make payments.”[22]

4. Terms and conditions – This is typically the segment that proves most tiresome to draft and read. Nevertheless, it is a pivotal section that makes it clear what the parties are agreeing to. Therefore, the incorporation of this section into our contractual agreement is significant, as it aids in outlining the party’s obligations and rights comprehensively.
5. Acknowledgement of parties’ competence to contract – For an agreement to be legally valid, all of the individuals who signed the agreement must have “contractual capacity to enter into contracts”[23]. Contractual capacity is a legal term that refers to the minimum mental capacity which is required to enter into a contractual agreement. In other words, we can say that individuals who lack contractual capacity are presumed to not know what they are doing and they can set aside the contract if required. For your contract to be legally valid your document must include a statement recognizing that each party has the capacity to sign the contract.
6. Space for date and signature- “A contract without a signature isn’t worth the paper it’s printed on.”[24]  To put it simply a contractual agreement becomes legally enforceable only with the signature of each party involved in the agreement. Hence you shouldn’t forget to include space for every party to sign on the contracting document. “As well as a lot of contracts essentially require to be dated .”[25]  This is important to avoid any issues in the future between the contracting parties.

How to draft a contract between two parties: A step-by-step guide –

Till now you might be clear about what you need to include in a contract, now it is time we shed some light on drafting.

Follow the step-by-step guide mentioned below to aid you in drafting a contract with confidence:

1. Check out the parties – “The parties to a contract are the most important element; without them to enact the terms of the agreement, there’s no point in even writing the contract.” [26]  If you are drafting a contract on behalf of parties you must know the intention of the contracting parties inside out and accordingly draft an agreement keeping their intention in your mind. For example – You can make sure whether they are competent to participate or not such as if they are over 18 (the minimum age for entering into a contract) and not under the influence of alcohol while entering the agreement.
2. Negotiate and Finalize Terms- Start your contract with clear and direct language. This makes managing the contract down the line easier and simplifies the drafting process. Ensure everyone’s on the same page before putting pen to paper. If needed, gather the parties for a face-to-face agreement. Yet, for straightforward contracts,  written intentions from all parties would suffice.
3. Define the Duration of the Agreement- Imagine I promised to clean your car, and I did just that, spending the entire day to make it shine. Seems fair, right?

But if someone were really into legal battles, they might argue that I never specified when I’d finish washing your car – technically, I could be stuck in your driveway forever.

While this may sound far-fetched, it highlights why it’s crucial to set a clear endpoint in the contract once you’ve laid out the terms. Many contracts involve ongoing tasks, yet even these should have a termination clause, providing the same could also be used by parties to end a contract prematurely.

4. Clearly specify the consequences – “Contracts are an expression of good faith – however, not everything goes exactly to plan.”[27] After you have completed drafting and defining the duration of your contractual agreement your next task should involve making the parties clear about the consequences they might face in case of a breach.

“The specifics will vary based on the type of contract you’re creating. For a rental agreement, for example, you’ll likely need to outline what happens if a tenant doesn’t pay rent on time or causes damage to the property.”[28]  Without these sorts of mentions the value of the contractual agreement becomes futile.

5. Establish the framework for Dispute Resolution – It is inevitable that despite the inclusion of penalty clauses in the commercial agreement parties will disagree on failures to enact the obligations of the contractual agreement.

It is advised by legal counsels that apart from the inclusion of civil litigation, parties should also include methods of ADR(Alternative dispute resolutions) such as mediation, arbitration, etc as a mode for speedy and inexpensive dispute resolution. Putting this into our agreement will ensure that every dispute will be treated fairly and it will be easy to resolve.

6. Respecting confidentiality of parties – At times, the contract contents must be kept confidential, as they may involve sensitive personal data or company secrets. “If this is the case you should insert a confidentiality clause into the agreement .”[29] Henceforth breaching of the confidentiality clause is in itself equivalent to a breach of contract.
7. Keeping check of the contract’s legality- To be sure that your contract is legally valid and enforceable it is crucial that it should be within the local laws or regulations and if there seems to be a breach of the same there should be an according reformation of the same.
8. Open it up for negotiation – Finally after taking into consideration all the above-stated steps in mind the contracting parties might ask you to reframe or scrap something completely from the agreement hence your contract should be open to negotiations before it is signed by both the parties. This will ensure that everyone is happy and content when it ultimately comes to signing the final agreement.

Some final Tips to make your contract make sense:

1. Keep it simple – “A legal agreement is not the place to pull out your best Shakespeare impression”[30] Therefore it is advisable to keep it simple and use plain English throughout avoiding unnecessary use of complex vocabulary, legalese, or jargon as that will only make things difficult for you.
2. Use modals wisely – “Verbs like ‘may’, ‘shall’, and ‘will’ need to be handled carefully when you’re drafting a contract.”[31]As they all might carry different meanings being a little more vigilant with them will ensure a hassle-free contractual agreement.
3. Avoid using Synonyms- “Usually, we try to mix up our vocabulary when writing; however, it’s better to stick to the same old words and phrases throughout a contract.”[32] This ensures that the meaning of your contractual terms is clear, you should try defining them at the start of the contract.
4. Divide and triumph – While drafting contracts your main aim should be ease and clarity of contractual terms. “Dividing the contract into multiple sections and subsections will help you simplify the agreement.”[33] It is advisable to avoid large blocks of text and use bullet points or sub-points whenever possible.

CONCLUSION & COMMENTS:

Contracts are essential to business relations and personal dealings. As highlighted throughout this article a valid enforceable contract requires specific essential elements like competent parties, contractual relations, consideration, concrete and clear terms and conditions, and the presence of signature and dates on the contractual document to make it legally valid.

While contract drafting might seem, a complex task following certain basic guidelines on the same including clearly defined duties, rights, dispute resolution processes, and respecting party confidentiality can create balanced, legally binding agreements between parties. Ensuring agreements comply with policy regulations and allowing room for negotiations can also lead to the formation of mutually beneficial contracts.

To conclude, I would say contracts, in itself, is a huge subject. A single article on the web can’t provide a comprehensive understanding of such a vast topic. Henceforth, I recommend you to surf the web and explore additional articles/blogs on the subject to gain a clearer and more comprehensive understanding. My piece is just a bucket in the vast ocean, so get going before settling on this one.

REFERENCES :

• Online Articles / Sources Referred –

1. Ownr Blog (2023) “How to Build a Contract for Your Small Business.”
2. Indian Legal Solution (2020) “Definition and types of contracts.”
3. Legal Katta (2021) “‘All Contracts Are Agreements but All Agreements Are Not Contracts.'”
4. Legal Service India (Date not provided) “Essentials of a valid contract under the Indian Contract Act, 1872: A Comprehensive Analysis.”
5. Laws Study (2021) “Define Consideration and its Essential Elements ICA 1872.”
6. Svitlana Omelia Blog (2023) “A comprehensive guide on how to draft a contract.”

• Cases Referred-

1. Great Britain v Boots Cash Chemists (1953) 1 QB 401
2. Carlill v Carbolic Smoke Ball Company ([1893] 1 QB 256), (legalservicesindia.com)
3. Balfour v Balfour [1919] 2 KB 571
4. Merritt v Merritt [1970] 2 All ER 760
5. Taylor v Caldwell (1863) 3 B & S 826, LawLex.Org
6. Smith v Hughes (1871) LR 6 QB 597
7. Ward v Byham [1956] 1 WLR 496

• Statutes Referred-

1. Section 2(h) in The Indian Contract Act, 1872

1. Section 2(d) in The Indian Contract Act, 1872

[1]  Team, O. (2023) How to Build a Contract for Your Small Business, Ownr Blog. Available at: https://www.ownr.co/blog/how-to-build-a-contract/ (Accessed: 2 March 2024).

[2]  Solution, I.L. (2020) ‘Definition and types of contract’, Indian Legal Solution, 5 July. Available at: https://indianlegalsolution.com/definition-and-types-of-contract/ (Accessed: 2 March 2024).

[3] Section 2(h) in The Indian Contract Act, 1872 (no date). Available at: https://indiankanoon.org/doc/1890444/ (Accessed: 2 March 2024).

[4] All Contracts Are Agreements But All Agreements Are Not Contracts’ (2021), 7 March. Available at: https://legalkatta.in/all-contracts-are-agreements-but-all-agreements-are-not-contracts/ (Accessed: 2 March 2024).

[5]  Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis–https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024).

[6]  Pharmaceutical Society of Great Britain v Boots Chemists – Case Summary (2020) IPSA LOQUITUR. Available at: https://ipsaloquitur.com/contract-law/cases/pharmaceutical-society-great-britain-v-boots-cash-chemists/ (Accessed: 2 March 2024).

[7]Carlill v/s Carbolic Smoke Ball Company (no date). Available at: https://legalserviceindia.com/legal/article-6570-carlill-v-s-carbolic-smoke-ball-company.html (Accessed: 2 March 2024).

[8]  Felthouse v Bindley – Case Summary (2020) IPSA LOQUITUR. Available at: https://ipsaloquitur.com/contract-law/cases/felthouse-v-bindley/ (Accessed: 2 March 2024).

[9]   Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis–https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024).

[10]  Balfour v Balfour – Case Summary (2020) IPSA LOQUITUR. Available at: https://ipsaloquitur.com/contract-law/cases/balfour-v-balfour/ (Accessed: 2 March 2024).

[11] Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis–https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024).

[12]  Merritt v Merritt, [1970] 2 All ER 760 | England and Wales Court of Appeal (Civil Division), Judgment, Law, casemine.com (no date) https://www.casemine.com. Available at: https://www.casemine.com/judgement/uk/5a8ff87960d03e7f57ec1097 (Accessed: 2 March 2024).

[13]  Merritt v Merritt, [1970] 2 All ER 760 | England and Wales Court of Appeal (Civil Division), Judgment, Law, casemine.com (no date) https://www.casemine.com. Available at: https://www.casemine.com/judgement/uk/5a8ff87960d03e7f57ec1097 (Accessed: 2 March 2024).

[14]   Jaggi, N. (2020) ‘Case Summary: Taylor v. Caldwell’, LawLex.Org, 15 July. Available at: https://lawlex.org/lex-bulletin/case-summary-taylor-v-caldwell/24748 (Accessed: 2 March 2024).

[15]  Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis–https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024).

[16]  Smith v Hughes – Case Summary (2020) IPSA LOQUITUR. Available at: https://ipsaloquitur.com/contract-law/cases/smith-v-hughes/ (Accessed: 2 March 2024).

[17]  Essentials of a valid contract under the Indian Contract Act,1872: A Comprehensive Analysis–https://legalserviceindia.com/legal/article-5512-essentials-of-a-valid-contract-under-the-indian-contract-act-1872-a-comprehensive-analysis.html (Accessed: 2 March 2024).

[18] Ward v Byham, [1956] 2 All ER 318 | England and Wales Court of Appeal (Civil Division), Judgment, Law, casemine.com (no date) https://www.casemine.com. Available at: https://www.casemine.com/judgement/uk/5a8ff87860d03e7f57ec107d (Accessed: 2 March 2024).

[19]  svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[20] Section 2(d) in The Indian Contract Act, 1872 (no date). Available at: https://indiankanoon.org/doc/877630/ (Accessed: 2 March 2024).

[21] ‘Define Consideration and its Essential Elements ICA 1872 – LAWS STUDY’ (2021), 10 August. Available at: https://lawsstudy.com/define-consideration-and-its-essential-elements-ica-1872/

(Accessed: 2 March 2024).

[22]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[23]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[24]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[25] svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024)

[26]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[27]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[28]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[29]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[30]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[31]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[32]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).

[33]   svitlanaomelia (2023) A comprehensive guide on how to draft a contract, Blog. Available at: https://www.pandadoc.com/blog/how-to-draft-a-contract/ (Accessed: 2 March 2024).