Law of Contracts - I

Tamil Nadu Dr. Ambedkar Law University · LL.B. Semester 1 · TA1C

Unit I — Introduction to General Principles of contract

Basis and Nature of Contracts.

Unit II — Privity of Contract - Development of Contract -

Privity of Contract - Development of Contract - Development of Specialised Contract.

Unit III — Types of Contract - Void. Voidable and Unenforceable Contracts

Express and Implied Contracts, Unilateral and Bilateral Contracts - e - Contracts - Analysis of Contract - Theory Consensus - Essential Elements of a Contract.

Unit IV — Formation

Offer and Acceptance - Offer and Invitation to Treat - Fact of Acceptance - acceptance in case of tender - communication of acceptance - Acceptance in Person, By Post, Telephone, Telegram etc. - Revocation of Acceptance, termination of offer.

Unit V — Terms Of Contract

Warranty, Condition, Fundamental Obligation - Ticket Cases.

Unit VI — Consideration - Definition Indian and English, Executed

Consideration - Definition Indian and English, Executed - Executory and Past - must move from the promises - Adequacy and Reality of Consideration - Performance of Existing Duty - Consideration in Discharge of Contract - Rule in Pinnels case, High Trees case, Composition with Creditors - Difference between English and Indian Law.

Unit VII — Intention to Create Legal Obligation

Intention to Create Legal Obligation

Unit VIII — Capacity to Contract

(i) Infants; (ii) Lunatic; (iii) Drunken Persons; (iv) Alien Enemies; (v) Corporation; (vi) Foreign Sovereigns and Ambassadors; (Vii) Married Women, Contract of Necessaries - Basis of such Contracts - Infant Relief Act of 1874 - Beneficial Contracts of Service Equitable Doctrine of Restitution - Delictual Liability - English and Indian Law.

Unit IX — Flaw in Consent

Mistakes of Fact and Law - As to identify As to title - As to the existence the Non-Subject matter - As to ‘quality - As to written contract (non est factum) Error in Verbis-Error in ‘Causa’ difference between English and Indian Law.

Unit X — Misrepresentation

Innocent or Fraudulent - Elements of an Effective Representation - Can Silence Amount to Representation which is a Term of Contract or Mere Representation - Condition or Warranty.

Unit XI — Limits or Rights to Rescind.

Limits or Rights to Rescind.

Unit XII — Coercion - Duress. Undue Influence, Unconscionable

Coercion - Duress. Undue Influence, Unconscionable bargains.

Unit XIII — Unlawful Agreements

By Common Law (Public Policy) Stiffing of Prosecution, Maintenance, Champerty - Agreements which tend to affect the Freedom or Security of Marriage - Immoral - Agreement - Outside, The Jurisdiction of Courts - Restraint of Trade - Wagering Contracts Restraint of Parental Right, Restraint of Personal Liberty, Consequences of Illegality Impari Delicto - Difference between illegal and Void Contract.

Unit XIV — Limits of Contractual Obligation

Privity of Contract -Strangers to a Contract sue or cannot be bound by its terms. Agreement of Contractual Rights and Liabilities.

Unit XV — Discharge of Contracts

By Performance - Tender by express Agreement - Accord and Satisfaction - Bilateral and Unilateral Discharge - The Doctrine of Frustration - Theories of Frustration-Operation of Doctrine, Effect of Doctrine-Difference between English and Indian Law.

Unit XVI — By Breach

Anticipatory Breach.

Unit XVII — Remedies for Breach of Contract - Measure

Remedies for Breach of Contract - Measure of Damages, Remoteness of Damages, Penalty and Liquidated Damages, Mitigation of Damages.

Unit XVIII — Quasi Contract

Definition - Historical Basis - Quantum Meruit, Obligation, Resembling those created by Contract under Indian Act.

Unit XIX — Miscellaneous

Contingent Contracts - Appropriation of Payments - Time and Place of Performance - Joint Promises and Reciprocal Promises.

Unit XX — Specific Relief Act

Recovering Possession of Property specific performance of contracts - Contracts which can be specifically enforced contracts which can be specifically enforced - Persons for or against whom contracts may be specifically enforced - Discretionary Powers of Court, Ratification or Instruments - Rescission of Contract, Cancellation of Instruments - Declaratory Degree - Preventive Relief - Injunction Generally - Perpetual Injunction.