Commercial contract review in Bangladesh normally combines the Contract Act, 1872, the Specific Relief Act, 1877 and the Stamp Act, 1899, with the parties’ facts, sector rules and the current stamp schedule. A signed document is not automatically enforceable in every respect: authority, legality, performance, proof, stamping and remedy questions must be analysed.
| Review layer | Primary route | Question |
|---|---|---|
| Formation and breach | Contract Act, 1872 | Was there capacity, consent, lawful consideration/object and a provable promise? |
| Remedies | Specific Relief Act, 1877 | Is the requested relief appropriate on the facts, or is damages the practical route? |
| Stamping | Stamp Act, 1899 and current schedule | Classify the instrument and verify the current schedule; never assume one universal amount. |
Drafting checklist
Name the parties and signing authority, define deliverables and acceptance, allocate payment and tax responsibilities without promising a tax result, address confidentiality and intellectual property, set variation and termination mechanics, choose dispute resolution, and preserve notices and performance evidence. Then classify the document under the current stamp schedule and check any sector-specific approval.
FAQs
Is an oral agreement always invalid?
Not necessarily. Enforceability depends on the transaction, applicable law, proof and any formality required for that instrument.
Does a signature cure an unlawful term?
No. Signature proves an act of execution; it does not make an unlawful object or prohibited arrangement lawful.
Does stamping guarantee enforcement?
No. Stamping is one compliance layer. Formation, authority, performance and remedy requirements still matter.
Can a court always order specific performance?
No. The remedy is fact- and statute-dependent and may not be available for every contract or subject matter.
Can this page calculate duty or send a payment?
No. The current instrument and schedule must be checked manually; this page does not calculate, collect or route money.