Contract-I (General Principles of Contract and Specific Relief)

Sant Gadge Baba Amravati University · LL.B. Semester 1

Unit A.1 — Agreement and contract: proposal and acceptance

definition, elements and kinds · proposal and acceptance

Unit A.2 — Consideration

Unit A.3 — Capacity to contract

incapacity arising out of status and mental defect · minor's agreements · accessories supplied to a minor · agreements beneficial and detrimental to a minor · affirmation · restitution in cases of minor's agreements and estoppel · evolution of law relating to minor's agreements

Unit A.4 — Free consent

coercion · undue influence · misrepresentation · fraud · mistake

Unit A.5 — Legality of objects

void agreement · lawful and unlawful considerations and objects · forbidden by law, defeating provision of law, fraudulent, injurious to person or property, immoral, against public policy · agreements without consideration · agreements in restraint of marriage, trade, legal proceedings · uncertain agreements · wagering agreements

Unit A.6 — Discharge of contract and its various modes

by performance · by breach · impossibility of performance · by periods of limitation · by agreement

Unit A.7 — Quasi contracts

relations resembling those created by contract

Unit A.8 — Remedies in contractual relations

damages: kinds, remoteness, ascertainment · injunction · refund restitution · specific performance

Unit B — Government as a contracting party

constitutional provisions · power to contract · procedural requirements · kinds of government contract · usual clauses · performance · settlement of disputes and remedies

Unit C — Standard form of contract

nature, advantages, unilateral character · protection against exploitation · judicial approach · exemption clauses · clash between two standard forms

Unit D — Strategies and constraints to enforce contractual obligation

judicial methods and redressal forum · arbitration, Lok Adalat, Nyaya Panchayat and other non-formal methods · court fees, service of summons, injunctions, delay

Unit E — Specific relief

specific performance of contract · contracts that can be specifically enforced · persons against whom enforcement can be ordered · rescission and cancellation · injunction temporary and perpetual · declaratory orders · discretion and power of the court