General Principles of Law of Contract & Specific Relief Act
Swami Ramanand Teerth Marathwada University · LL.B. Semester 1
Unit 1 — History and nature of contractual obligations [2 units]
1. Writs of debt, covenant, and account actions on the case and on assumptions consideration · 2. Moral basis for contractual obligations, subjective and objective theories sanctity of contracts.
Unit 2 — Agreement and contract, definitions, elements, and different kinds [4 units]
Unit 3 — Proposal and acceptance [3 units]
1. Their various forms, essential elements of communication and revocation of Proposal, and different kinds of proposal · 2. Dumping of goods.
Unit 4 — Consideration nudum pactum [8 units]
1. Its need, meaning, kinds, essential elements · 2. Privity of contract · 3. Its exceptions · 4. Adequacy of Consideration · 5. Kinds of consideration: Present, past, and future consideration · 6. Unlawful Consideration and its effects · 7. Views of the Law Commission of India on consideration · 8. Evaluation of the doctrine of consideration.
Unit 5 — Capacity to contract [8 units]
1. Meaning · 2. Incapacity arising out of status and mental defect · 3. Definition of "Minor" · 4. Minor's agreement · 5. Necessities Supplied to a Minor · 6. Agreements beneficial and detrimental to a minor affirmation · 7. Restitution in cases of minor's agreements-for and by a minor · 8. Ratification in cases by a person of an agreement made by him while he was minor · 9. Agreements and Estoppels · 10. Evaluation of the law relating to minor agreements · 11. Other illustrations of incapacity of contract.
Unit 6 — Consent [8 units]
Free consent: Its need and definition - factors vitiating free consent: · 1. Coercion, definition, essential elements, duress, and coercion, various illustrations of coercion, the doctrine of economic duress, the effect of coercion, evaluation of Sec. 15. · 2. Undue influence, definition, essential elements, between which parties can it exist? Who is to prove it? illustrations of undue influence, independent advice, pardhanashin women, unconscionable bargains effect of undue influence. · 3. Mis-representation of law and of fact, their effects and illustration, · 4. Fraud, definition, essential elements, suggestion falsi, suppresio veri, when does silence amounts to fraud? The active concealment the of truth, the importance of intention. · 5. Mistake. Definition. Meaning, Principle Kinds with illustration
Unit 7 — Legality of Objects (S. 23-30) [7 units]
1. Void agreements: - Lawful and unlawful considerations and objects - void, voidable, illegal, and unlawful agreements, and their effects : · 2. Unlawful considerations and objects: Forbidden by law, Defeating the provision of any Law, Fraudulent, Injurious to person or property, Immoral, Against Public policy, · 3. Void agreements in restraint of trade - its exceptions 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 agreements - its exceptions.
Unit 8 — Discharge of a contract and its various mode [5 units]
1. By performance - conditions of valid tender of performance - how? By whom? where? when/ in what manner? Performance of reciprocal promises - time essence of the contract. · 2. By breach - anticipatory breach and present breach. · 3. Impossibility of performance - specific grounds of frustration - application to leases - theories of frustration - effect of frustration and restitution. · 4. By the period of limitation · 5. By agreement - rescission and alteration - their effect - remission and waiver of performance extension of time - accord and satisfaction.
Unit 9 — Quasi-contracts or certain relations resembling those created by contract [3 units]
Unit 10 — Remedies in contractual relations [6 units]
1. Damages - Kinds - the remoteness of damages - ascertainment of damages, · 2. Injunction - when granted and when refused - why? · 3. Refund and restitution · 4. Specific performance - When? Why?
Unit 11 — Government as Contracting Party [10 units]
1. Constitutional Provisions, Government's power of contract, procedural requirements, kinds of government contracts, their usual causes, the performance of such contracts, settlement of disputes, and remedies.
Unit 12 — Standard form of contracts [10 units]
1. Nature, advantages, unilateral character · 2. Principles of protection against the possibility of exploitation · 3. Judicial approach to such contracts · 4. Exemption clauses · 5. Clash between two standard forms of contracts · 6. Law Commission of India's views
Unit 13 — Specific Relief (Specific Relief Act 1969) (as amendment up to date) [10 units]
1. Definition · 2. Recovery of possession of the property · 3. Specific performance of Contracts · 4. Rectification of instruments · 5. Rescission of contracts · 6. Cancellation of Instruments · 7. Declaratory decrees · 8. Preventive relief.