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    Sem-I Law of Contract-I

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    Rakshith
    SYLLABUS PRESCRIBED FOR 3 YEAR LL. B. DEGREE COURSE I SEMESTER: COURSE I: CONTRACT-I: GENERAL PRINCIPLES OF CONTRACTS 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 higher semesters. Course contents: UNIT – I History – Formation of Contract – Agreement and Contract – Definitions – Classification - Offer and Acceptance – Communication – Revocation – Essential elements – Invitation to Offer – Tenders. Consideration – Nudum Pactum - Essential elements – Privity of Contract and of Consideration – Exceptions – Unlawful Consideration and its effect. Contractual Ability – Electronic Documents as Web Pages – Digital Certificates as Entry Passes – Time and Place of Contract – Secured Custody of Electronic Records. UNIT – II Capacity to Contract – Minor’s Agreements and its effects – Persons of unsound mind – Persons disqualified by Law. Free Consent – Coercion - Undue influence – Misrepresentation – Fraud – Mistake – Legality of Object – Void Agreements – Agreements against Public Policy – Wagering Agreements – Its exceptions – Contingent Contracts. UNIT – III Discharge of Contracts and its various Modes – by performance – Time and place of performance – Performance of reciprocal promises - Appropriation of Payments – Discharge by Agreement – By operation of Law – By frustration (Impossibility of Performance) – By Breach (Anticipatory and Actual). UNIT – IV Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment of damages -Injunction – When granted and when refused– Restitution – Specific performance when granted – Quasi Contracts. UNIT – V The Specific Relief Act 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. Government as a contracting party: Constitutional provisions – Government powers to contract – Procedural requirements – Kinds of Government Contracts, their usual clauses, performance of such contract, settlement of disputes and remedies.

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    Sem-I Law of Contract-I

    Uploaded by

    Rakshith
    2K views4 pages
    SYLLABUS PRESCRIBED FOR 3 YEAR LL. B. DEGREE COURSE I SEMESTER: COURSE I: CONTRACT-I: GENERAL PRINCIPLES OF CONTRACTS 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 higher semesters. Course contents: UNIT – I History – Formation of Contract – Agreement and Contract – Definitions – Classification - Offer and Acceptance – Communication – Revocation – Essential elements – Invitation to Offer – Tenders. Consideration – Nudum Pactum - Essential elements – Privity of Contract and of Consideration – Exceptions – Unlawful Consideration and its effect. Contractual Ability – Electronic Documents as Web Pages – Digital Certificates as Entry Passes – Time and Place of Contract – Secured Custody of Electronic Records. UNIT – II Capacity to Contract – Minor’s Agreements and its effects – Persons of unsound mind – Persons disqualified by Law. Free Consent – Coercion - Undue influence – Misrepresentation – Fraud – Mistake – Legality of Object – Void Agreements – Agreements against Public Policy – Wagering Agreements – Its exceptions – Contingent Contracts. UNIT – III Discharge of Contracts and its various Modes – by performance – Time and place of performance – Performance of reciprocal promises - Appropriation of Payments – Discharge by Agreement – By operation of Law – By frustration (Impossibility of Performance) – By Breach (Anticipatory and Actual). UNIT – IV Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment of damages -Injunction – When granted and when refused– Restitution – Specific performance when granted – Quasi Contracts. UNIT – V The Specific Relief Act 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. Government as a contracting party: Constitutional provisions – Government powers to contract – Procedural requirements – Kinds of Government Contracts, their usual clauses, performance of such contract, settlement of disputes and remedies.

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    SYLLABUS PRESCRIBED FOR 3 YEAR LL. B. DEGREE COURSE I SEMESTER: COURSE I: CONTRACT-I: GENERAL PRINCIPLES OF CONTRACTS 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 higher semesters. Course contents: UNIT – I History – Formation of Contract – Agreement and Contract – Definitions – Classification - Offer and Acceptance – Communication – Revocation – Essential elements – Invitation to Offer – Tenders. Consideration – Nudum Pactum - Essential elements – Privity of Contract and of Consideration – Exceptions – Unlawful Consideration and its effect. Contractual Ability – Electronic Documents as Web Pages – Digital Certificates as Entry Passes – Time and Place of Contract – Secured Custody of Electronic Records. UNIT – II Capacity to Contract – Minor’s Agreements and its effects – Persons of unsound mind – Persons disqualified by Law. Free Consent – Coercion - Undue influence – Misrepresentation – Fraud – Mistake – Legality of Object – Void Agreements – Agreements against Public Policy – Wagering Agreements – Its exceptions – Contingent Contracts. UNIT – III Discharge of Contracts and its various Modes – by performance – Time and place of performance – Performance of reciprocal promises - Appropriation of Payments – Discharge by Agreement – By operation of Law – By frustration (Impossibility of Performance) – By Breach (Anticipatory and Actual). UNIT – IV Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment of damages -Injunction – When granted and when refused– Restitution – Specific performance when granted – Quasi Contracts. UNIT – V The Specific Relief Act 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. Government as a contracting party: Constitutional provisions – Government powers to contract – Procedural requirements – Kinds of Government Contracts, their usual clauses, performance of such contract, settlement of disputes and remedies.

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    Sem-I Law of Contract-I

    Uploaded by

    Rakshith
    SYLLABUS PRESCRIBED FOR 3 YEAR LL. B. DEGREE COURSE I SEMESTER: COURSE I: CONTRACT-I: GENERAL PRINCIPLES OF CONTRACTS 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 higher semesters. Course contents: UNIT – I History – Formation of Contract – Agreement and Contract – Definitions – Classification - Offer and Acceptance – Communication – Revocation – Essential elements – Invitation to Offer – Tenders. Consideration – Nudum Pactum - Essential elements – Privity of Contract and of Consideration – Exceptions – Unlawful Consideration and its effect. Contractual Ability – Electronic Documents as Web Pages – Digital Certificates as Entry Passes – Time and Place of Contract – Secured Custody of Electronic Records. UNIT – II Capacity to Contract – Minor’s Agreements and its effects – Persons of unsound mind – Persons disqualified by Law. Free Consent – Coercion - Undue influence – Misrepresentation – Fraud – Mistake – Legality of Object – Void Agreements – Agreements against Public Policy – Wagering Agreements – Its exceptions – Contingent Contracts. UNIT – III Discharge of Contracts and its various Modes – by performance – Time and place of performance – Performance of reciprocal promises - Appropriation of Payments – Discharge by Agreement – By operation of Law – By frustration (Impossibility of Performance) – By Breach (Anticipatory and Actual). UNIT – IV Remedies for Breach of Contracts – Damages – Remoteness of damages – Ascertainment of damages -Injunction – When granted and when refused– Restitution – Specific performance when granted – Quasi Contracts. UNIT – V The Specific Relief Act 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. Government as a contracting party: Constitutional provisions – Government powers to contract – Procedural requirements – Kinds of Government Contracts, their usual clauses, performance of such contract, settlement of disputes and remedies.

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    At a glance
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    The key takeaways are that Indian contract law is governed by the Indian Contract Act of 1872 and deals with the enforcement of promises through the legal system. It also covers the formation, performance and discharge of valid contracts.

    The main topics covered in the syllabus include introduction to contract law, agreement formation, capacity to contract, consideration, free consent, limitations on contracts, discharge of contracts and remedies for breach of contract.

    For a valid contract the following elements are required - intention to create a legal relationship, offer and acceptance, lawful consideration, capacity of the parties to contract, free consent among the parties and certainty of terms.

    Syllabus

    Law of Contract I
    Semester I

    In day to day life every individual makes a variety of promises. Every promise gives rise to an
    expectation in the minds of other party that, the promisor would perform certain obligation and
    fulfill the promise towards him/her. However, all promises are not enforceable by law. Only
    those promises which are meant for enforcing through law are termed as contracts. The law of
    contract is a branch of law which deals with regulation of all types of promises which are meant
    to be enforced through law. In India, the general principles of contract laws are codified under
    the Indian Contract Act, 1872. This course is designed to acquaint a student with the conceptual
    and operational parameters of various general principles relating to contract law. It aims to equip
    the students with the basics of contract law so as to enable them to deal effectively with the
    various disputes related to contracts.

    SYLLABUS
    Unit 1: Introduction
    Indian Contract Act, 1872
    Historical Background
    Contract: Meaning, Nature and Types
    Major Definitions under Indian Contract Act

    Unit 2: Agreement
    Formation of an Agreement: (Ss. 2-10 )
    Intention to create legal relationship
    Proposal and Acceptance- Their various forms, Essential Elements
    Communication
    Revocation- Mode of Revocation of Offer
    Special Situations: ( Ss. 2-10 )

    Unit 3: Capacity to Contract


    Legal Disability to Enter into Contract
    Minors, Persons of Unsound Mind
    Effects of Minors Agreement
    Persons disqualified by Law
    Liability for Necessaries Supplied to the Minor
    Indian Contract Act, 1872, Sections 10, 11, 12, 64, 65, 68; Specific Relief Act, 1963,
    Section 33; Indian Majority Act, 1875
    Unit 4: Consideration
    Meaning and Nature of Consideration - Nudum Pactum
    Doctrine of Privity of Contract and of Consideration- Its Exceptions
    Exceptions of consideration
    Adequacy of Consideration: Present, Past and Adequate Consideration
    Unlawful Consideration and its Effect.
    Indian Contract Act, 1872: Sections 2(d), 2(f), 23 and 25

    Unit 5: Free Consent


    Consent Definition
    Free Consent and Vitiating Elements
    Coercion
    Undue Influence
    Fraud
    Misrepresentation
    Mistake
    Effect on Contracts influenced by any factor Vitiating Free Consent
    Unit 6: Limitations on Freedom of Contract
    Legality of Object

    Void and Voidable Agreements


    Agreements against Public Policy
    Agreements with Unlawful Consideration
    Agreements without Consideration
    Agreements in Restraint of Marriage
    Agreements in Restraint of Trade
    Agreements in Restraint of Legal Proceedings
    Ambiguous and Uncertain Agreements
    Wagering Agreements Its exceptions
    Contingent Contracts
    Unit 7: Discharge of a Contract
    By Performance
    Performance by Joint Promisors
    Discharge by Novation - Remission
    Accord and Satisfaction
    Appropriation of Payments
    Discharge by Impossibility of Performance - Doctrine of Frustration
    Discharge by Breach - Anticipatory Breach - Actual breach
    Unit 8: Remedies for Breach of Contract
    Damages
    Types of Damages
    Remoteness of damages
    Ascertainment of Damages
    Specific Performance: Sections 9 24 of Specific Relief Act, 1965
    Injunctions: Sections 36 41 of Specific Relief Act, 1965
    Quasi Contracts

    Suggested References
    1. Nilima Bhadbhade (ed.), Mulla, Indian Contract Act and Specific Reliefs, Butterworths India,
    New Delhi, Vol. I & II, (12th Edn.- 2001)
    2. Chitty on Contracts, Sweet & Maxwell, London, Vol. I & II, (28th Edn. 1999).
    3. J. Beatson, Ansons Law of Contract, Clarendon Press, Oxford, (28th Edn. -2002).
    4. A. C. Moitra, Law of Contract and Specific Relief, Universal Law Publishing Co.(5 th Edn. 2005)
    5. Dr. Avtar Singh, Law of Contract, EBC, Lucknow (9th Edn. 2005)
    6. M. Krishnan Nair, Law of Contracts, Orient Longman, Hyderabad, (5th Edn. 1996)

    Statutes
    1. The Indian Contract Act, 1872
    2. Specific Relief Act, 1963

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