General Principles of Contract and Law of Specific Relief

Maharashtra National Law University, Aurangabad · LL.B. Semester 2

Unit I — General Introduction – History and Nature of Contract

History, Agreement and Contract, Definitions, Definition under English and Indian law, Formation of Contract, Intention to create a legal relationship, Offer and invitation to treat, Kinds of offer, Communication, acceptance of an Offer and Acceptance, Modes of revocation of offer and Acceptance, Tenders and Auctions.

Unit II — 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.

Unit III — Capacity to Contract

Legal disability to enter into contract, Minors, persons of unsound mind, Lunatics, idiots, Person under legal disability, Effects of Minors Agreement, Restitution in cases of minor’s agreement; Liability for necessaries supplied to the minor.

Unit IV — Free Consent

Definition, Coercion, Undue influence, Fraud, Misrepresentation, Mistake.

Unit V — Legality of Object and Void Agreements

Void or voidable Agreements, Distinction between void and voidable agreements. Unlawful Agreements, Public policy, Agreements without consideration, The Object and consideration is partly unlawful in an agreement, Agreements in restraint of marriage, Agreements in restraint of trade, Agreements in restraint of legal proceedings, Ambiguous and uncertain agreements & Wagering agreements.

Unit VI — Discharge of a Contract by performance

Time and place of performance, Performance of reciprocal promises, Appropriation of Payments, By Frustration, By Supervening impossibility of performance, Grounds of Frustration and its effect, Discharge by Agreement and Novation, By operation of Law, By Breach, Anticipatory, Actual, Quasi – Contracts Doctrine of Quantum Meriut.

Unit VII — Remedies for Breach of Contract

Damages, Types of Damages, Basis of Assessment of Damages, Remoteness of Damages and Measures of Damages, Mitigation of Damages, Penalty & Liquidated Damages

Unit VIII — Specific Relief Act, 1963

Recovering possession of property, Specific Performance, Injunctions, Preventive Relief