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Can a non-lawyer person draft a contract?

To understand whether a non-lawyer person can draft a contract or not, we have to understand what is contract?

Section 2(h) of the Indian Contract Act, 1872 defines a contract as “An agreement enforceable by law”. The word “agreement” has been defined in Section 2(e) of the Act as ‘every promise and every set of promises, forming consideration for each other’.

Hence, contract involves offer, acceptance and consideration. This need not even be in writing as oral contracts are also binding and enforceable.

Contracts drafted by lawyers are just more likely to be better drafted. Sometimes they end up doing a better job of managing risks.

All contracts, oral or written are enforceable. They don’t have to be drafted by lawyers.

However, LawBaba team always suggest you to hire a lawyer to draft your contract. For prima facie advice you can ask us questions in the below comment sections. 🙂

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