The objective of the course is to enable the students to understand the contractual obligations and their significance. They will be able to identify the nature of contracts and various types of contracts. To enumerate and understand the essentials of a valid contract and make out what amounts to the performance of a contract. They will acquire the ability to identify if there is a breach of contract and to explain the remedies in case of breach of contract. The course also covers the Specific Relief Act 1963 and hence aims to understand the remedies available therein and actions aggrieved parties can seek.
Course Outcomes:
After the completion of this course the student will be able to:
Identify the commencing point of contractual obligations.
Test the validity of contracts by applying the essentials of valid contracts.
Identify the nature of the contract and contractual liabilities.
Understand the performance of a contract
Identify and Apply the remedies available in case of breach of contract from the Contract Act and Specific Relief Act.
Understand the remedies that can be availed by adopting various legal proceedings.
Module 1: Sections 1 – 9, 30 – 37 and 68 – 72 of the Indian Contract Act 1872
Introduction History and nature of a contractual obligation Contemporary Relevance
Offer, Acceptance and Its Communication
Types of Contracts Including – Contingent Contract, Quasi Contracts, Standard Form Agreements and E- Contracts ( Includes Legal Recognition to E-Contracts as per the Information Technology Act ( Section 2 – 16) Definitions, Digital Signatures, Electronic Governance, Attribution, Acknowledgment and Despatch of electronic records, Clickwrap and Shrink Wrap Contracts)
Module 2: Section 10-30
Essential Ingredients for Enforceability (Sections 10 – 30)
Competency of Parties
Free Consent
Consideration
Unlawful Object and Consideration
Void Agreements
Module 3: Sections 36 – 67 and 73-75
Performance of Contract
Discharge of contract
Breach of Contract
Types of Damages & Remedies for Breach
Module 4:
Origin of Specific Relief as Equitable Relief
KINDS OF RELIEF IN Specific Relief Act 1963
Possessory Remedies 4.2.2 Specific Performance of Contracts
Contracts that cannot be specifically performed
Substituted Performance of Contract
Rectification of Instruments
Recession of Contract
Cancellation of instrument
Declaratory Decree
Injunctions
Recommended Resources:
Ansons, Law of Contract, (OUP UK)
Bajaj Puneet, Law of Contract (Macmillan)
Bangia, R.K, Contract I: With Specific Relief Act (LexisNexis)
Bhatt Sairam, Law Of Business Contract s In India Sage Publications
Chpra D.S, Cases And Materials On Contract Law & Specific Relief (Thomson Reuters)
Charles Fox, Working with Contracts, What they don‘t teach you at Law Schools 7. Cracknell, D.G, Obligations: Contract Law, (Old Baily Press London)
Fifoot, Law of Contract (5. Chopras Butterworth).
Gupta Ritu, Law of Contract: Includes the Specific Relief Act 1963, ( LexisNexis Haryana)
Shetty Krishna, Simplest Book on Contract Law, Naveen Publications.
Kapoor S.k, ― Law of Contracts I Section 1 to 75 of the Indian Contract Act, 1872 and the Specific Relief Act 1963, (Central Law Agency)
Mitra S.C, Law of Contracts, (Orient Publishing)
Mulla Dinshaw F, Indian Contract Act, (LexisNexis)
Muray, Rayan, Contract Law: The Fundamentals, (Sweet & Maxwell)
Pathak Akhileshwar, Contract Law, (Oxford)
Pollock & Mulla “Indian Contract Act and Specific Relief Act‖ (LexisNexis)
Ramaswamy, B.S, Contracts and their Management, (Lexis Nexis).
Singh Avatar, (EBC)
Singh, R. K, Law Relating to Electronic Contracts (LexisNexis).
Only free men can negotiate. A prisoner cannot enter into contracts. – Nelson Mandela
The bigger the contract, the bigger the responsibility.
Prado Martinez
Until the contract is signed, nothing is real. – Glenn Danzing
Everyone living under the social contract we call democracy has a duty to act responsibly, to obey the laws, and to abandon certain types of self-interested behaviours that conflict with the general good.
