The review or the purpose of an agreement is lawful, unless it is: 1. Coercion (section 15): „coercion“ is the commission or threat to commit or commit any act prohibited by the Indian Penal Code (45.1860), or unlawful detention or threat to enter into or hold any property on the basis of any prejudice of any person with the intention of getting a person to enter into an agreement. For example, „A“ risks drawing „B“ if it does not release it from a debt it owes to „B.“ „B“ publishes „A“ in danger. Since the publication was done by duress, such an authorization is not valid. 7. Contract 2 (h): a legally enforceable agreement is a contract. 5. Factual error (section 20): „If both parties to an agreement have an error as to a fact essential to the agreement, the agreement is not concluded.“ A party cannot be relieved because it has done a particular act in ignorance of the law. The error can be a bilateral error if both parties to an agreement are wrong. The error must be about an issue that is essential to the agreement.
In the case of S.V. Narayanaswamy vs. Savithramma 2013R.F.A. No. 1163 of 2002 c/w R.F.A.n.1164 of Karnataka High Court, the complainant wished to prove the existence of an oral agreement on the sale of real estate. With the complainant`s proof allowance, she did so by issuing cheques in several amounts for the entire estate consideration. In developing various pieces of evidence indicating the existence of a whole, the Tribunal confirmed the existence of the verbal agreement based on the examination of the evidence presented. Under the 1872 Act, a valid oral agreement of value can be obtained in court. However, it is always difficult to prove the existence or exact terms of the agreement in the event of a dispute. An agreement must be supported by legal scrutiny on both sides. An important consideration must include:- Oral agreements are legally applicable in court or in litigation at the time of conclusion.