Law of Contract (General Principles) [course code printed LB-CC-102]

Unit 1 — General Introduction - History and Nature of Contractual Obligations

• INTRODUCTION

Unit 2 — Formation of an Agreement

Intention to create legal relationship; offer and invitation to treat; kinds of offer, communication, acceptance and revocation of offer and acceptance; modes of revocation of offer - Indian Contract Act, 1872, sections 2-10

• OFFER, ACCEPTANCE AND ITS COMMUNICATION
• Essential Ingredients for Enforceability (Sections 10 — 30)

Unit 3 — Making of an Agreement - Special Situations

Tenders and Auctions - Indian Contract Act, 1872, sections 2-10

Unit 4 — Consideration

Meaning; basis and the nature of consideration; Doctrine of Privity of Contract and of consideration, its exceptions; Exceptions of consideration - Indian Contract Act, 1872, sections 2(d), 2(f), 23 and 25

• Consideration

Unit 5 — Capacity to Contract

Legal disability to enter into contract - Minors, persons of unsound mind; person under legal disability; lunatics, idiots; Restitution in cases of minor's agreement; Liability for necessaries supplied to the minor - ICA ss. 10, 11, 12, 64, 65, 68; Specific Relief Act, 1963, s. 33; Indian Majority Act, 1875

• Competency of Parties

Unit 6 — Free Consent

Definition - Coercion, Undue influence, Fraud, Misrepresentation and Mistake; Effect on contracts influenced by any factor vitiating free consent - ICA ss. 13-22

• Free Consent

Unit 7 — Limitations on Freedom of Contract

Circumstances in which agreements become void or voidable, distinction between void and voidable agreements; Unlawful Agreements; Public policy; Agreements with unlawful consideration in part and objects; Agreements without consideration; Agreements in restraint of marriage; restraint of trade; restraint of legal proceedings; Ambiguous and uncertain agreements & Wagering agreements - ICA ss. 23-30

• Unlawful Object and Consideration
• Void Agreements

Unit 8 — Discharge of a Contract

Modes - Discharge by performance; Frustration; Supervening impossibility of performance; Grounds of Frustration and its effect; Discharge by Agreement and Novation - ICA ss. 37-67

• Performance of Contract
• Discharge of contract

Unit 9 — Remedies for Breach of Contract

(a) Damages; Types of Damages; Basis of Assessment of Damages; Remoteness of Damages and (b) Measures of Damages; Mitigation of Damages; Penalty & Liquidated Damages - ICA ss. 73-74

• Breach of Contract
• Types of Damages & Remedies for Breach

Unit 10 — Quasi-Contracts

Obligations resembling those created by Contract: Concept and classification - ICA ss. 68-72

Unit 11 — E-Contracts

Nature and scope; Formation of E-contracts; Legislative Framework; Judicial Approach - Information Technology Act, 2000, ss. 3-5, 10-17