Paper – I: LAW OF CONTRACT

SYLLABUS

SEMESTER – I (LL.B. 3yr course)

Paper – I: LAW OF CONTRACT

(General Principles of Contract (Secs.1 to 75) including Specific Relief Act)

Unit-1:

1. History and nature of contractual obligations – writs of debt, covenant and account actions on the case and on assumption of consideration – moral basis for contractual obligations subjective and objective theories, sanctity of contracts.
2. Agreement and contract definitions, elements and different kinds.
3. Proposal and acceptance – their various forms, essential elements, communication and revocation-proposal and invitations for proposal-floating offers-tenders-dumping of goods

Unit-2:

1. Consideration-nudum pactum-its need, meaning, kinds, essential elements- Privity of contract and of consideration-its exceptions-adequacy of consideration- present, past and adequate consideration-unlawful consideration and its effects- views of Law Commission of India on consideration-evaluation of the doctrine of consideration.
2. Capacity to contract-meaning-incapacity arising out of status and mental defect-minor’s agreements-definition of minor – accessories supplied to a minor-agreements beneficial and detrimental to a minor affirmation-restitution in cases of minor’s agreements-fraud by a minor ratification in cases by a person of an agreement made by him while he was a minor-agreements and estoppel-evaluation of the law relating to minor’s agreements-other illustrations of incapacity to contract.
3. Free consent-its need and definition-factors vitiating free consent , Coercion-definition essential elements-duress and coercion-various illustrations of coercion doctrine of economic duress-effect of coercion-evaluation of Sec. 15., Undue Influence-definition-essential elements between which parties can it exist? Who is to prove it? Illustrations of the undue influence independent advice-pardahanash in women-unconscionable bargains effect of undue influence., Misrepresentation-definition-misrepresentation of law and of fact-their effects and illustration, Fraud-definition-essential elements-suggestio falsi suppresio veri-When does silence amounts to fraud? Active concealment of truth-importance of intention.

Unit-3:

1. Legality of Object: Void agreement-lawful and unlawful considerations, objects-void, voidable, illegal and unlawful agreements their effects. Unlawful consideration and objects: Forbidden by law, Defeating the provision of any law, Fraudulent , Injurious to person or property, Immoral , Against public polity, Void Agreements, Agreements without consideration, . Agreements in restraint of marriage, Agreements in restraint of trade-its exceptions-sale of goodwill, Sec. II restriction, under the Partnership Act, trade combinations exclusive dealing agreements, restraints on employees under agreement of service., . Agreements in restraint of legal proceedings-its exceptions, Uncertain agreements, . Wagering agreements-its exceptions.
2. Discharge of a contract and its various modes:, By performance-conditions of valid tender of performance-how? By whom? Where? When/ In what manner? Performance of reciprocal promises-time essence of contract, By breach-anticipatory breach and present breach, Impossibility of performance-specific grounds of frustration -effect of frustration-frustration and restitution, . By period of limitation, By agreement-rescission and alteration-their effect remission and waiver of performance extension of time-accord and satisfaction.
3. Quasi-contracts or certain relations resembling those created by contract.

Unit-4:

1. Formation of E Contracts, Authentication of E Contract, Problems relating to Internet Contracts.
2. Remedies in Contractual Relations:, Damages-kinds-remoteness of damages ascertainment of damages, Injunction-When granted and when refused? Why?, Refund and restitution, Specific performance-When? Why?
3. Specific Relief: Specific Relief Act, 1969. Definition, Recovering possession of property, Specific performance of contracts, Rectification of instruments, Rescission of contracts, Cancellation of Instruments, Declaratory decrees, Preventive relief