Law of Contract-I
Gondwana University · LL.B. Semester 1 · UL31C04
Unit I
Nature of Contract : Meaning, definition, · Offer and Acceptance : definition, modes, legal rules as to offer, offer distinguished from invitation to offer, lapse of offer, standard form contracts. Acceptance : definition, modes, legal rules as to acceptance, effect of silence on acceptance. · Communication of offer, acceptance and revocation-rules regarding communication, contracts through post, contracts by telephone and telex, 4.Essentials of a valid agreement, kinds of agreements and contract. 5.Intention to create legal relations-Intention, types, social/domestic agreements, commercial/business agreements, when no contract · Capacity of parties-Minor, law relating to minor's agreement, persons of unsound mind, persons disqualified by law. · Free Consent-Definition, Ingredients of Free Consent – · Coercion, · Undue Influence, · Fraud, · Misrepresentation, · Mistake. 8.Electronic contract- Meaning, nature ,essentials, advantages and disadvantages
Unit II
Consideration-Meaning, definitions, legal rules as to consideration, "No Consideration : No Contract" and exceptions, Difference between Indian and English Law. · Doctrine of privity and exceptions. · Legality of Object and ConsiderationConsideration/Object not lawful, Unlawful agreements, Agreements against public policy, Consequences of illegality. · Void Agreements-Nature : Agreements declared to be void; · Agreement in restraint of marriage. · Agreement in restraint of trade. · Agreement in restraint of legal proceedings. · Uncertain agreement. · Wagering agreement. · Agreement to do impossible acts. · Object of Consideration Unlawful in part. · Contingent or conditional contracts-definition, essential characteristics of a contingent contract, Rules regarding the contingent contract.
Unit III
Performance of contract-Offer to performancetender, By whom contracts must be performed, Reciprocal promises, Time and place of performance; Assignment of rights and liabilities. · Discharge of Contracts-Meaning. Modes of discharge : Discharge by performance, Discharge by mutual consent. Discharge by subsequent impossibility doctrine of frustration, Discharge by operation of law. Discharge by breach of contract-anticipatory breach of contract, Material alteration.
Unit IV
Remedies for Breach of Contract-Consequences of Breach Different Reliefs : (a) Recesission. · Damages-liquidated damages and penalty. (c) Quantum meruit. (d) Specific performance. (e) Injunction. (f) Rectification. (g) Cancellation. · Quasi contracts-What are-English and Indian law, certain relations resembling those created by contracts : (a) Supply of necessaries to incompetent persons. (b) Reimbursement of interested person. (c) Liability to pay for non-gratuitous acts. (d) Finder of goods. (e) Delivery by mistake or under coercion.
Unit V
Specific Relief Act : Specific performance- meaning & Nature., Rectification-Section 26. Rescission-Section 27. Cancellation-Section 31. Injunctions-Sections 36 to 42. Principles involved in the grant of above reliefs.