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Indian Contract Notes Skeleton

The document outlines key concepts of the Indian Contract Act, 1872 and the Specific Relief Act, 1963, structured into eight units covering definitions, essentials of contracts, offer and acceptance, consideration, capacity of parties, free consent, void agreements, performance, discharge, and remedies. It includes significant cases to illustrate legal principles and exceptions, as well as details on specific performance and injunctions under the Specific Relief Act. The notes are designed for exam preparation for LLB 1st Semester students.

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45 views2 pages

Indian Contract Notes Skeleton

The document outlines key concepts of the Indian Contract Act, 1872 and the Specific Relief Act, 1963, structured into eight units covering definitions, essentials of contracts, offer and acceptance, consideration, capacity of parties, free consent, void agreements, performance, discharge, and remedies. It includes significant cases to illustrate legal principles and exceptions, as well as details on specific performance and injunctions under the Specific Relief Act. The notes are designed for exam preparation for LLB 1st Semester students.

Uploaded by

kunalbaudh307
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

Indian Contract Act, 1872 & Specific Relief Act,

1963

Exam-Focused Skeleton Notes (LLB 1st Semester)

Unit 1: Introduction & Essentials of a Contract


- Definition of Contract (Sec. 2(h))
- Agreement vs. Contract
- Essentials (Sec. 10): Offer, Acceptance, Legal relations, Consideration, Capacity, Free consent,
Lawful object, Certainty, Possibility, Not void
- Case: Balfour v. Balfour (no legal intent in social agreements)

Unit 2: Offer & Acceptance


- Offer (Sec. 2(a)) – definition, essentials
- Types: General vs. Specific; Express vs. Implied
- Invitation to Offer (e.g., display of goods)
- Acceptance (Sec. 2(b)) – definition, essentials
- Rules: absolute, unconditional, communicated, postal rule (Sec. 4)
- Cases: Carlill v. Carbolic Smoke Ball Co., Adams v. Lindsell

Unit 3: Consideration
- Definition (Sec. 2(d)) – price of promise
- Essentials: promisor’s desire, may move from 3rd party, lawful, need not be adequate
- Types: Past, Present, Future
- Exceptions (Sec. 25): natural love & affection, past voluntary service, time-barred debt, completed
gifts
- Case: Chinnaya v. Ramayya

Unit 4: Capacity of Parties


- Competent parties (Sec. 11): Major, sound mind, not disqualified
- Minor’s contract: void ab initio
- Effects: minor not personally liable, but property liable for necessaries (Sec. 68)
- Unsound mind – incapable of rational judgment
- Case: Mohori Bibi v. Dharmodas Ghose

Unit 5: Free Consent


- Consent (Sec. 13), Free Consent (Sec. 14)
- Factors vitiating consent: Coercion (Sec. 15), Undue Influence (Sec. 16), Fraud (Sec. 17),
Misrepresentation (Sec. 18), Mistake (Sec. 20–22)
- Effect: contract voidable
- Cases: Ranganayakamma v. Alwar Setti, Derry v. Peek
Unit 6: Void, Voidable, Wagering & Quasi Contracts
- Void agreement (Sec. 2(g)), Voidable (Sec. 2(i))
- Wagering agreements (Sec. 30) – void
- Difference: Void vs Voidable
- Quasi contracts (Sec. 68–72): necessaries to minor, payment by interested person, finder of
goods, payment by mistake/coercion
- Case: State of West Bengal v. B.K. Mondal

Unit 7: Performance, Discharge & Remedies


- Performance (Sec. 37–50): who can demand performance, joint promises, reciprocal promises
- Discharge of contract: performance, mutual agreement, impossibility, breach, operation of law
- Doctrine of Frustration (Sec. 56) – Taylor v. Caldwell, Satyabrata Ghose v. Mugneeram
- Remedies for breach: damages (Hadley v. Baxendale), specific performance, injunction, quantum
meruit
- Liquidated vs Unliquidated damages (Sec. 74)

Unit 8: Specific Relief Act, 1963


- Relief by actual performance instead of damages
- Specific performance – when granted/not granted
- Preventive relief – Injunction (temporary, perpetual, mandatory)
- Declaratory suits
- Discretionary power of courts
- Contracts specifically enforceable – including trust property provisions

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