The book prepared according to following syllabus Question-Answer Format in Hindi Medium.
Ambedkar LLB 1st year (Question-Answer Series) Law of Contract (General Principles & specific relief Act
PAPER 1.5. LAW OF CONTRACT [GENERAL PRINCIPLES OF CONTRACT AND SPECIFIC RELIEF ACT, 1963]
SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36
(1) There shall be ten questions in the examination paper, two questions from each unit. The candidate is required to attempt five questions, one question from each unit is compulsory. All questions carry equal marks. (2) The syllabus includes latest amendments in the subject wherever applicable.
OBJECTIVES OF THE COURSE: To apply the basic principles in contractual relations, there need to be a clear understanding of the basic sources of law of contract. As the major source of contract law being the principles of English common law, we need to discuss the evolution of law of contract and the similarities and dissimilarities with the English law of contract. Hence, this course is designed to acquaint the students with the conceptual and operational parameters of these various general principles of contractual relations. Specific enforcement of contract is an important aspect of the law of contract. Analysis of the kinds of contracts that can be specifically enforced and the methods of enforcement forms a significant segment of this study. A practical overview of Specific Relief Act which gives a judicial remedy to enforce performance of contract is also included in the study. UNIT - I Meaning, elements and characteristics of Contract; Formation and Classification of Contract, including the Standard form of Contract; Proposal: Meaning, Elements Characteristics and Kinds of Proposal; Distinction between Proposal and Invitation to Proposal; Acceptance: Meaning, Modes and Characteristics of Acceptance; Communication, Revocation and Termination of Proposal and Acceptance;
UNIT - II
Meaning, Definition and Elements of Consideration; Significance and adequacy of consideration; Privity to Contract; Unlawful Consideration and Object Valid Contract Capacity to Contract : Parties competent to contract; Position of minor; Person of unsound mind, nature of contract by person of unsound mind; Persons deprived of the Capacity to Contract. Free Consent : Meaning of Consent and Free Consent; Factors rendering consent not free and their effect upon the validity of Contract; E- Contracts: Definition, Silent Features, Formation and types, Differences between E- Contract and Traditional Contract, Advantages and Disadvantages of E -Contracts;
UNIT - III
Voidable and Void Agreements:
Doctrine of severability; Agreements in restraint of marriage; in restraint of trade; Uncertain agreements; in restraint of legal proceedings; Agreement by way of wager; Contingent Contract; Certain relations resembling to those created by Contract (Quasi Contract)
UNIT - IV
Performance of Contract:
Parties to perform the contract Joint rights and joint liability and performance of reciprocal promises; Time, Place and Manner of Performance; Discharge from liability to perform the contract.
UNIT - V
Breach of Contract :
Meaning and Kinds; Remedies for Breach of Contract:(i) Damages—Measure of damages and remoteness of damage; (ii) Specific Performance of contract and injunctions under Specific Relief Act,1963 and Amendments.
LEADING CASES :
Carlill v. Carbolic Smoke Ball Co. (183) 1 QB 256
Bhagwandas v. Girdhari Lal & Co. AIR 1966 SC 543
Motilal Padampat Sugar Mills v. State of U.P. AIR 1979 SC 621
Mohori Bibi v. Dharmodas Ghose, (1903) 30 I.A. 114
Satyabrata Ghose v. Mugneeram Bangur & Co. and Another AIR 1954 SC 310