CONTRACTS . 9
_ deemed executory; although, strictly speaking, it is executed on one side and executory
on the other. ,
BILATERAL AND UNILATERAL CONFRACTS *
" Anagreement may originate in one of the several ways. First, there may be an offer
of a promise and a simple assent. This is possitle only when the promise is under seal
or of record, in which case it is binding because of its form alone. This way or mod? of
making contract is epplicable in English law and nat in Indian law. Second way in which
there may be an offer of an act for a promise, as when a public omnibus by running on
its roste makes an offer of its services for the promise of the one entering to pay his fare.
Third, there may be an offer of a promise for an act, as one promises to pay a specified
sum for the performance of an act, such as the returning of lost goods. Fousth, an
agreement may originate in an offer of a promise for a promise, as when one person
offers to pay Rs. 107 in return for the promise of another to paint his car. The first three
methods result in Unilateral contracts, because in each instance there is an odiigation
to perform on the part of only one party, The fourth or last method creates a Bilateral
contract, irf that there is an obligation on the part of both to do or to refrain from doing
4 particular thing. In the case of a unilateral or one-sided contract, one party to the
contract has performed his part,even at the time of its formation and an obligation is
oustanding only egainst the other. In the bilaferal or two-sided contract, at the tine
of its fermation there are two outstanding obligations, one on either party to the contract,
2.g., A promises to paint a picture in one month in retum for-whicn B promises to pay
Rs. 100. Here, there are two promises and each party is a promisor in respect of one
promise and a promisee in respect of the other, and as such each can hold the other fiable
for the breach of his promise.
It follows from the above distinction between executed and executory contracts
arid between unilateral and bilateral contracts that a coniract is a contract from the
time it is made and not from the time its performance is due. Thus, the fact that in
an executory contract, both the purties have to perform their parts of the contract does
not affect the validity of the coniract. !t was stated in Sahab Ram v. Ram Niwa@(1953)
TAN. 494 (F.B.), that the fact that the agreement has not been executed or performed
does not mzan that the agreement was not eniered into. Similarly, there may be cases in
which performance of a contract is postponed or deferred. Thus, where A agrees to supply
100 quintals of wheat three months after the date of contract, the performance wi!l
become due three months after the dote of the contract but the contract will be a contract
on the date when the offer is accepted and ether conditions of a valid contract are
complied with.
Inthe following sections of this chapter are discussed the foregoing types or Classes
of contracts, starting with a valid contract and its essentials.