Law of Contract

University of Burdwan · LL.B. Semester 1 · LCC 3.1.4

Unit I

Fundamental (Chapter I, II of Indian Contract, Act, 1872 specifically the following) · Understanding the difference between agreements and contracts · Essentials and exceptions to the formation of contracts under the ICA, 1872 Understanding when the 1872 Act trumps the contract entered into between parties

Unit II

Types of agreements and their enforceability · Difference between contingent contracts and wagering agreements · Understanding how contracts can become void and voidable subsequently · Understanding concepts of essential and non essential clauses in a contract Understanding the principle of severability in the light of alternate promise one of which may be illegal

Unit III

Performance of contract and the consequences of breaching them · Understanding performance of contracts when there is no clarity on time, venue, manner of performance Understanding possibilities of execution of contracts through promisor, joint promisors and legal representatives of the promisor/promisee Difference in the concepts of novation of contract and breach of contract Consequences for breach of contract Difference between recission and repudiation of contract Quasi Contracts

Unit IV

Some Special contracts · Difference between contract of indemnity and guarantee · Rights and duties of indemnifier and indemnity holder · Rights and duties of Surety, Principal Debtor and Creditor · Concepts of Bailment and how it is different or similar to pledge · Rights and duties of bailor and bailee · Similarities between duties of a bailee and the finder of goods

Unit V

An introduction to Specific Relief Act, 1963 · Introduction to the importance of Specific Relief Act, 1963 and whether is SRA enforceable (S. 10) · Understanding the concepts of “recovery of possession of property”, “specific performance of contracts”, “rectification and cancellation of instruments and recission of contracts”, Preventive Relief”, “declaratory relief”