Course Name: LAW OF CONTRACT – I
Course Code: BL-106
INCLUDING THE SPECIFIC
RELIEF ACT, 1963
Session Contact Hrs.
Programme: Semester: L T P Credit
per Week: 5
B.A. LL.B. (5
2024-25
Year) Integrated I 4 1 0 5 Total Hrs.: 75
onwards
Total Evaluation Marks: 100
CIE: 30 Marks Examination Duration: 3 Hrs.
TEE: 60 Marks
In day-to-day life, every individual makes a variety of promises. Every promise gives rise to an
expectation in the minds of the other party that, the promisor would perform certain obligations
and fulfill the promise towards him/her. However, all promises are not enforceable by law. Only
Course
those promises which are meant for enforcement through law are termed as contracts. The law
Objectives
of contract is a branch of law that deals with the 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.
After the completion of this course, the student would be able to:
1. Get conceptual and operational parameters of various general principles relating to
Course contract law.
Outcomes 2. Understand the applicability of contract law in day-to-day life.
3. Equip with the implication of contract law to enable them to deal effectively with the
various disputes related to contracts in diverse fields.
COURSE SYLLABUS
NOTE:
1. The question paper shall consist of Five Questions in all. The first question is compulsory in nature and
it shall contain short answer-type questions from all the units, carrying 2.5 marks each and the student
shall be required to attempt all the eight questions.
2. Question No. 2, 3, 4 and 5, shall be long-answer-type questions from all the units and students shall be
required to attempt any one out of the given two choices under each question from the individual module.
Each long answer type question shall carry 10 Marks. The Examiner will be free to set the questions
either in problem forms or based on case law.
Unit Contents Contact
No. Hrs.
General features and nature of contractual obligations; Standard and Printed forms of
contract - Their nature and unilateral character, Agreement and Contract- Definitions and
essential elements, Proposal and Acceptance- Definition, their communication and
revocation, postal, telephone and telex Communication, Proposal and invitation for
I proposal; General offer, cross- offer, Standing offer, (Section 2-9), Capacity to contract- 15
meaning-incapacity arising out of unsound mind, Minor’s Agreement-Nature and scope,
Definition of Minor, Necessaries supplied to a minor, Minor’s Agreement and Estoppel,
Agreement beneficial and detrimental to the minor, ratification of minor’s Agreement
(Section 10-12, 68),
Consent and Free consent – Definition and need of free consent (Section 13-14),
II 20
Voidability of Agreement without free consent (Section 19), factors vitiating free consent
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(Section 19-A), Coercion- Definition, essential elements, the doctrine of duress, Coercion
and duress (Section 15), Undue Influence– Definition, Essential elements, Illustrations
of undue influence, Agreement with Pardanashin women (Section16), Fraud –
Definition, Essential Elements, When does silence amounts to fraud, Active concealment
of facts– Importance of Intention, Fraud and misrepresentation (Section 17),
Misrepresentation- Definition, misrepresentation of law and fact, their effects and
illustration (Section18), Mistake– Definition, Mistake of fact and mistake of Law, Effect
of mistake (Section 20-22), Unlawful Agreements- Lawful and unlawful considerations
and objects, Void, Voidable and unlawful agreements and their effects; Void Agreements,
effect of partly lawful and unlawful consideration and objects on agreement (Section-23-
24)
Consideration – nudum pactum, its need, meaning essential elements, privity of contract
with Exceptions, adequacy of consideration, past, executed and executory consideration,
Exceptions to consideration (Section –2 (d) and 25), Agreements without Consideration
(Section-25)
Agreement in restraint of marriage (Section-26), Agreement in restraint of trade
with exceptions (Section-27), Agreement in restraint of legal proceedings with
exceptions (Section –28), Uncertain Agreements (Section-29), Wagering Agreement–
Definition and essentials, with exceptions (Section-30), Contingent contracts–
Definition and Enforcement (Section-31-36), Performance of Contracts, Joint promises,
time and place of performance (Section 37-50), Reciprocal Promises – Their meaning,
Scope and performance (Section-51-54), Time – when essence of contract - meaning and
III illustrations (Section-55), Impossibility of Performance– meaning and scope, Doctrine 20
of Frustration with illustrations (Section–56), Appropriation of payments (Section 59-61),
Contracts which need not be performed– novation, rescission and alteration of contract,
dispensation and remission of performance (Section 62-67), Quasi Contracts or certain
relations resembling those created by contract (Section 68-72), Breach of contract,
anticipatory breach and consequences of breach, Damages – remoteness of damage,
measures of damages, Kinds of damages, penalty and Liquidated damages (Section-73-
75)
The Specific Relief Act, 1963 (With Latest Amendments): Meaning and General
Principles, Specific performance of contracts – Contracts specifically enforceable, parties
IV 20
in relation to specific performance (Section 9-25), Rectification and cancellation of
instruments (Section 26, 31-33) Rescission of contracts (Section 27-30)
LEADING CASES
1. Mohaori Bibee v Dharmodas Ghose (1903) 30 Cal 539 (PC)
2. State of M.P. v. Mangilal Sharma, AIR 1998 SC 743
3. Gujarat Bottling Co. Ltd. v. Coca-Cola Company, AIR 1995 SC 2372
4. M.C. Chacko v. State Bank of Travancore, AIR 1970 SC 504
5. Bhagwandas Goverdhandas Kedia v. Girdhari Lal Purshotamdas & Co., AIR 1966 SC 543
6. State of West Bengal v. B.K. Mondal & Sons., AIR 1962 SC 779
7. Ram Karan v. Govind Lal AIR 1999 Raj. 167
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SUGGESTED READINGS
1. Dr. Narender Kumar: Contract-I, New Era Law Publication, Faridabad, Haryana, 2023
2. Dr. S.S. Srivastava: Law of Contract I & II, Cenrtral Law Publications, Prayagraj, UP, 2023
3. Avtar Singh: Law of Contract & Specific Relief, Eastern Book Company, Lucknow, 2020
4. R.K. Bangia: Contract, Allahabad Law Agency, Allahabad, 2020
5. J. Beatson, Andrew Burrows & John Cartwright: Anson's Law of Contract, Oxford University Press,
London, 2020
6. H. K. Saharay: Dutt on Contract-The Indian Contract Act, 1872, Eastern Law House, Kolkata, 2018
7. Michael P. Furmston: Cheshire, Fifoot & Furmston’s Law of Contract, Oxford University Press,
London, 2017
8. Pollock & Mulla (Revised & edited by Nilima Bhadbhade): Indian Contract Act, 1872, Lexis Nexis,
Gurugram, 2014
9. N. C. Seddon, R. A. Bigwood & M. P. Ellinghaus: Cheshire and Fifoot-Law of Contract, Butterworths,
London, 2012
Note: Students are advised to study the latest edition of the recommended books and case laws.
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