Some contracts that must be by deed are promises of gifts, conditional bills of sales, documents creating or transferring estate or interest on land, etc. It has the following characteristics :.

             ? Consideration: A deed does not require valuable consideration.

             ? Estopped: a party to a deed is estopped from denying the accuracy of statements in any deed he has executed (a deed signed, sealed, and delivered), unless execution was induced by fraud, coercion, mistake, etc.

             ? Merger: a special contract absorbs, or merges into itself, any earlier simple contract made between the same parties and on the same terms.

             Also, there are contracts, which can not be enforced, they are void, voidable or unenforceable.

             Void contracts. These are contracts, which is destitute of legal effect, could be on ground of fundamental mistake and the law will take no notice of it.

             Voidable contracts. One which can be made void by a party at his option. Thus the party misled, whenever he chooses can avoid a contract induced by fraud.

             Unenforceable contracts. Though perfectly valid in all other respect, lacks some technical requirement needed to make it enforceable, e.g. some necessary documents. The courts will not enforce such a contract unless and until the defect is rectified.

             There are also contracts that are referred to as quasi-contracts. Sometimes the law imposes obligation of a contractual nature even where no true agreement exists between the parties. The object of such imposition is to prevent a person obtaining "unjust enrichment" merely because there is no contract between himself and the person seeking the court"s aid. .

             CONSENSUS AD – IDEM.

             There is no doubt that the most fundamental ingredient of a contract is the consensus ad -idem (meeting of mind). Before a contract is said to exist or intended, the court must have clear evidence to ascertain that the parties involved actually intended and resolved to enter into the agreement forming the subject matter of the contract.