Contracts & Torts – A Beginner‑Friendly Guide
For AILET Legal Aptitude & Reasoning
1. What is a Contract?
| Picture | Real‑world example | Bottom line |
|---|---|---|
| Two friends shaking hands | You promise to give your friend a book | A contract is a promise that both sides will do something. |
- Simple: “If I give you my bike, you’ll give me your scooter.”
- Both sides must agree and want the deal.
2. Quick Check – Do You Have a Contract?
| Question | Answer |
|---|---|
| Is there an offer? | Yes – one side says what they’ll do. |
| Is there acceptance? | Yes – the other side says “yes.” |
| Is value exchanged? | Yes – something of worth (money, service). |
| Are both parties free? | Yes – no threats or tricks. |
| Is it legal? | Yes – no illegal stuff. |
If all five are true → you have a contract.
3. Parts of a Contract (in plain words)
| Part | What it means | Tiny example |
|---|---|---|
| Offer | One side says, “I’ll do X if Y.” | “I’ll sell you my bike for ₹10,000.” |
| Acceptance | The other side says, “Deal.” | “Okay, I’ll buy it.” |
| Consideration | Something of value is given. | ₹10,000 in cash. |
| Intention | Both want the deal to be real. | You both sign a paper. |
| Capacity | Both are old enough and sane. | No minors or drunk people. |
4. Types of Contracts (in everyday words)
| Type | What it looks like | Example |
|---|---|---|
| Bilateral | Two promises. | “I’ll give you $50, you’ll paint my fence.” |
| Unilateral | One promise, no promise back. | “I’ll give you a prize if you finish the marathon.” |
| Express | Words say it. | “I promise to pay you ₹5,000 tomorrow.” |
| Implied | Actions say it. | You buy a ticket, you’re expected to show up. |
| Written | In a paper. | A lease agreement. |
| Oral | Spoken. | “You’ll give me the watch next week.” |
5. When a Contract Gets Broken
| Problem | What it means | Quick fix |
|---|---|---|
| Breach of contract | One side doesn’t do what was promised. | Ask for money, or ask the court to force the promise. |
| Void contract | From the start, it’s illegal or impossible. | No one can enforce it. |
| Voidable contract | One side can cancel it. | If you were tricked, you can void it. |
| Unenforceable contract | It’s fine, but the law can’t help you. | Maybe because you’re not allowed to enforce it. |
6. Remedies for Breach (What you can ask for)
| Remedy | What it does | Example |
|---|---|---|
| Damages (money) | Pay the loss. | You pay ₹10,000 for the bike. |
| Specific performance | Force the other to do what they promised. | Court orders them to give you the bike. |
| Rescission | Cancel the contract. | You get your money back. |
| Restitution | Return what you received. | Return the bike, get your money back. |
7. What is a Tort?
| Picture | Real‑world example | Bottom line |
|---|---|---|
| A slip on a wet floor | A neighbor drops a glass and you’re hurt | A tort is unintentional harm caused by someone else. |
- It’s not a promise; it’s a wrong that makes you suffer.
8. Types of Torts (plain words)
| Tort | What it is | Example |
|---|---|---|
| Negligence | Carelessness that hurts someone. | A shopkeeper leaves a wet floor; you slip. |
| Nuisance | Disturbing your normal life. | Loud music all night. |
| Defamation | Wrongful bad words. | Someone says you stole money. |
| Product liability | Faulty product that hurts. | A toy that breaks and injures a child. |
| Invasion of privacy | Looking at private stuff. | A paparazzo takes your private photos. |
9. Negligence – Step‑by‑Step
| Step | What to check | Mini example |
|---|---|---|
| Duty | Did the person owe you care? | A driver owes you safe driving. |
| Breach | Did they fail? | Driver doesn’t look at the red light. |
| Causation | Did it cause your harm? | They hit you, you get hurt. |
| Damages | Did you suffer loss? | Medical bills, lost wages. |
If all four are true → you can claim compensation.
10. Consumer Protection (Why it matters)
- Bad product → you can ask for money back or a new one.
- Wrong advertisement → you can ask for a