What agreements are contracts
Section 10 of the Indian Contract Act, 1872 deals with what agreements are contracts. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. The Act came into force on 01 Sep 1872.
All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in 1 India and not hereby expressly repealed by which any contract is required to be made in writing2 or in the presence of witnesses, or any law relating to the registration of documents.
Section 10, The Indian Contract Act, 1872 (Act 9 of 1872).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Trimex International FZE Ltd. v. Vedanta Aluminium Ltd.
Court's Decision & Legal Precedent
Judgment of Main Case order-3.pdf 2010-01-22 (not same-date ROP order-4). Arb Pet 10/2009. A concluded contract can be made by correspondence (offer, acceptance, essential terms) under Contract Act 10 even before a formal document is signed. An arbitration clause in those exchanges is an arbitration agreement under Arbitration Act s.7. Map contract-act 10 and arbitration-act 7.
On this section: s.10: agreements are contracts when made by free consent for a lawful consideration and object. A concluded sale of goods can be made by correspondence (price, quantity, shipment locked by email) even before a formal document is signed.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Indian Contract Act?
Trimex International FZE Ltd. v. Vedanta Aluminium Ltd. (22 Jan 2010) is the leading judgment on this section among those set out below: s.10: agreements are contracts when made by free consent for a lawful consideration and object. A concluded sale of goods can be made by correspondence (price, quantity, shipment locked by email) even before a formal document is signed.
How do I find court cases under Section 10 of the Indian Contract Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Contract Act 10, section 10 Contract Act, section 10 of the Indian Contract Act. People searching for it also type indian contract act 10. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Trimex International FZE Ltd. v. Vedanta Aluminium Ltd. (22 Jan 2010).
When did Section 10 of the Indian Contract Act come into force?
Section 10 of the Indian Contract Act, cited as Contract Act 10, came into force on 01 Sep 1872, having been enacted on 25 Apr 1872. It is in force as at the date shown on this page.
Other sections of this Act
- 73. Compensation for loss or damage caused by breach of contract1822 words
- 23. What considerations and objects are lawful, and what not596 words
- 74. Compensation for breach of contract where penalty stipulated for577 words
- 28. Agreements in restraint of legal proceeding void512 words
- 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law423 words
- 16. "Undue influence" defined397 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.