Sem-i Law Of Contract-i 69126k

Syllabus Law of Contract – I Semester I

In day to day life every individual makes a variety of promises. Every promise gives rise to an expectation in the minds of other party that, the promisor would perform certain obligation and fulfill the promise towards him/her. However, all promises are not enforceable by law. Only those promises which are meant for enforcing through law are termed as contracts. The law of contract is a branch of law which deals with regulation of all types of promises which are meant to be enforced through law. In India, the general principles of contract laws are codified under the Indian Contract Act, 1872. This course is designed to acquaint a student with the conceptual and operational parameters of various general principles relating to contract law. It aims to equip the students with the basics of contract law so as to enable them to deal effectively with the various disputes related to contracts.

SYLLABUS Unit 1: Introduction Indian Contract Act, 1872 Historical Background Contract: Meaning, Nature and Types Major Definitions under Indian Contract Act

Unit 2: Agreement Formation of an Agreement: (Ss. 2-10 ) Intention to create legal relationship Proposal and Acceptance- Their various forms, Essential Elements Communication Revocation- Mode of Revocation of Offer Special Situations: ( Ss. 2-10 )

Unit 3: Capacity to Contract Legal Disability to Enter into Contract Minors, Persons of Unsound Mind Effects of Minors Agreement Persons disqualified by Law Liability for Necessaries Supplied to the Minor Indian Contract Act, 1872, Sections 10, 11, 12, 64, 65, 68; Specific Relief Act, 1963, Section 33; Indian Majority Act, 1875 Unit 4: Consideration Meaning and Nature of Consideration - Nudum Pactum Doctrine of Privity of Contract and of Consideration- Its Exceptions Exceptions of consideration Adequacy of Consideration: Present, Past and Adequate Consideration Unlawful Consideration and its Effect. Indian Contract Act, 1872: Sections 2(d), 2(f), 23 and 25

Unit 5: Free Consent Consent – Definition Free Consent and Vitiating Elements Coercion Undue Influence Fraud Misrepresentation Mistake Effect on Contracts influenced by any factor Vitiating Free Consent Unit 6: Limitations on Freedom of Contract Legality of Object

Void and Voidable Agreements Agreements against Public Policy Agreements with Unlawful Consideration Agreements without Consideration Agreements in Restraint of Marriage Agreements in Restraint of Trade Agreements in Restraint of Legal Proceedings Ambiguous and Uncertain Agreements Wagering Agreements – Its exceptions Contingent Contracts Unit 7: Discharge of a Contract By Performance Performance by t Promisors Discharge by Novation - Remission Accord and Satisfaction Appropriation of Payments Discharge by Impossibility of Performance - Doctrine of Frustration Discharge by Breach - Anticipatory Breach - Actual breach Unit 8: Remedies for Breach of Contract Damages Types of Damages Remoteness of damages Ascertainment of Damages Specific Performance: Sections 9 – 24 of Specific Relief Act, 1965 Injunctions: Sections 36 – 41 of Specific Relief Act, 1965 Quasi Contracts

Suggested References 1. Nilima Bhadbhade (ed.), Mulla, Indian Contract Act and Specific Reliefs, Butterworth’s India, New Delhi, Vol. I & II, (12th Edn.- 2001) 2. Chitty on Contracts, Sweet & Maxwell, London, Vol. I & II, (28th Edn. – 1999). 3. J. Beatson, Anson’s Law of Contract, Clarendon Press, Oxford, (28th Edn. -2002). 4. A. C. Moitra, Law of Contract and Specific Relief, Universal Law Publishing Co.(5 th Edn. 2005) 5. Dr. Avtar Singh, Law of Contract, EBC, Lucknow (9th Edn. – 2005) 6. M. Krishnan Nair, Law of Contracts, Orient Longman, Hyderabad, (5th Edn. – 1996)

Statutes 1. The Indian Contract Act, 1872 2. Specific Relief Act, 1963