Objectives:
Contracts are at the basis of majority of transactions especially transactions dealing with the
property. Whether the transaction is in the ordinary course of life or in the electronic world (e-
commerce) the general principles governing contracts remain same. For this reason it is very
important to introduce the students to the basic principles governing contracts and lay a powerful
foundation for their study of other transactional and related laws in subsequent semesters.
Course contents:
UNIT -I
Formation of Contract – Agreement and Contract, Definitions, Classification, Offer and, Acceptance
Communication – Revocation – Essential elements – Invitation to Offer – Tenders.
Consideration – NudumPactum – Essential elements – Privity of Contract and of Consideration Exceptions – Unlawful Consideration and its effect – e-contract.
UNIT -II
Capacity to Contract – Minor’s Agreements and its effects – Agreement of Persons of unsound mind and Persons disqualified by Law.
Free Consent – Coercion – Undue influence – Misrepresentation – Fraud – Mistake – Legality of Object – Void Agreements -and Contingent Contracts.
UNIT - III
Modes of Discharge of Contracts – Time and place of performance – Performance of reciprocal promises – Appropriation of Payments – Discharge by Agreement, operation of Law, frustration (Impossibility of Performance) and by Breach (Anticipatory and Actual).
UNIT-IV
Remedies for Breach of Contracts – Damages -Kinds of damages – Remoteness of damages, Ascertainment of damages – Quasi Contracts.
UNIT -V
The Specific Relief Act -Sections 9-16, Sections 21, Section 24, Sections 36-42
Nature of Specific Relief
Recovery of Possession of movable and immovable Property
Specific performance when granted and not granted – Who may obtain and against whom
Discretionary remedy
Power of Court to grant relief – Rectification of instruments
Cancellation – Declaratory decrees – Preventive relief – Temporary injunctions – Perpetual and Mandatory Injunctions.
Prescribed Books:
Singh, Avtar, Law of Contract and Specific Relief, 11′ Edition, (Lucknow: Eastern Book Company, 2013)
Reference Books:
Pollock and Mulla, Indian Contract and Specific Relief Act, 14′ Edition, (New Delhi: Lexis Nexis, 2013)
Smith, Stephen A and P.S Atiyah, Atiyah’s Introduction to the Law of Contract, 6th Edition, (Oxford University Press: Claredon Law Series, 2006)
G. C. Cheshire and Fifoot, Law of Contract, 10′ Edition, ( New Delhi: Lexis Nexis, 2010)
Anson, William, Law of Contract, 29′ Edition, (Oxford University Press, 2010)
Maine, Henry, Ancient Law, 4” Edition, (London: Albemarle Street, 1870)