Law of Contract (General Principles of Contract and Specific Relief)
Dr. Harisingh Gour Vishwavidyalaya · LL.B. Semester 1 · LAW-CC-112
Unit I — General Principles of Law of contract
History and nature of contractual obligations. · Agreement and contract: definitions, elements and kinds. · Proposal and acceptance-their various forms, essential elements, communication and revocation- proposal and invitations for proposal. · 2. Standard Form of Contracts · Nature, advantages · 3. E- Contracts · Concept and consequences .
Unit II — Consideration
Its need, meaning, kinds, essential elements- nudum pactum, privity of contract and of consideration-its exceptions, adequacy of consideration present, past and future consideration, unlawful consideration and its effects. · 2. Capacity to Contract · Capacity to contract-meaning-incapacity arising out of status and mental defect-minor’s agreements- definition of ‘minor’- accessories supplied to a minor- agreements beneficial and detrimental to a minor – affirmation – restitution in cases of minor’s agreements – fraud by a minor -agreements made on behalf of a minor-minor’s agreements and estoppel- evaluation of the law relating to minor’s agreements- other illustrations of incapacity to contract.
Unit III — Consent
Its need and definition-factors vitiating free consent. · Coercion-definition-essential elements- duress and coercion-various illustrations of coercion- doctrine of economic duress-effect of coercion. · Undue influence- definition-essential elements- between which parties can it exist? Who is to prove it? Illustrations of undue influence- independent advice-pardahanshin women-unconscionable bargains-effect of undue influence. · Misrepresentation- definition- misrepresentation of law and of fact- their effects and illustration. · Fraud- definition- essential elements- suggestion falsi-suppresio veri-when does silence amounts to fraud? Active- concealment of truth- importance of intention. · Mistake- definition- kinds- fundamental error- mistake of law and of fact- their effects- when does a mistake vitiate free consent and when does it not vitiate free consent? · 2. Legality of object · Void agreements- lawful and unlawful consideration, and objects- void, voidable, illegal and unlawful agreements and their effects. · Unlawful considerations and objects: · Forbidden by law · Defeating the provisions of any law · Fraudulent · Injurious to person or property · Immoral · Against public policy · Void Agreements: · Agreements without consideration · Agreements in restraint of marriage · Agreements in restraint of trade- its exception- sale of goodwill, section 11 restrictions under the Partnership Act, trade combinations, exclusive dealing agreements, restraints on employees under agreements of service. · Agreements in restraint of legal proceedings- its exceptions. · Uncertain agreements · Wagering agreement- its exception.
Unit IV — Unit IV (untitled in print)
1. Discharge of Contract, Certain relations resembling those created by contract, Damages · By performance- conditions of valid tender of performance- How? By whom? Where? When? In what manner? Performance of reciprocal promises- time as essence of contract. · By breach- anticipatory breach and present breach. · Impossibility of performance- specific grounds of frustration- application to leases, theories of frustration- effect of frustration- frustration and restitution. · By period of limitation · By agreement- rescission and alteration- their effect- remission and waiver of performance- extension of time- accord and satisfaction. · Quasi-contracts or certain relations resembling those created by contract · Remedies in contractual relations: · Refund and restitution · Damages-kinds-remoteness of damages-ascertainment of damages · 2. Certain Relations resembling those created by Contract · Theory of Unjust Enrichment · Theory of ‘implied – in – fact’ contract · Provisions of the Indian Contract Act
Unit V — Specific relief
Specific performance of contract · Specific performance- When? Why? · Contract that can be specifically enforced · Persons against whom specific enforcement can be ordered · Rescission and cancellation · Injunction · Temporary · Perpetual · Injunction-when granted and when refused-Why? · Declaratory orders · Discretion and powers of court.