NATIONAL LAW UNIVERSITY, TRIPURA

BA, LL. B (Hons.) SEMESTER: II, BATCH-2023-28

COURSE OUTLINE OF Law of Contract-I
2023-24

NATIONAL LAW UNIVERSITY, TRIPURA

COURSE OUTLINE
SEMESTER II
BA.LLB (Hons.)

LAW of Contract-I

COURSE TEACHER
Dr. Jayanta Dhar
(Assistant Professor of Law)

Course designed by © Dr. Jayanta Dhar 1

 NATIONAL LAW UNIVERSITY, TRIPURA
BA, LL. B (Hons.) SEMESTER: II, BATCH-2023-28
COURSE OUTLINE OF Law of Contract-I
2023-24
COURSE DISCREPTION

Law of Contract is the foundational basis of the commercial law and a major portion of civil laws
and hence it is critically significant for the law students to have a complete grip over the fundamental
and basics of the law of contract. There are indeed lots of minute and critical aspects of contract
laws that are to be introduced to the law students by a thorough and mixed blend of theoretical as
well as application-based learning method. In pursuance of the same the current course is modulated
to cater the critical understanding of the law students. The course, thus, offers an in-depth
exploration of the foundational principles and intricacies of contract law within the Indian legal
landscape. Delving into the historical evolution and contemporary significance of the Indian
Contract Act of 1872, this course equips students with a comprehensive understanding of the
fundamental concepts underpinning contractual relationships. From dissecting the essential
elements of contract formation, such as offer, acceptance, consideration, and free consent, to
examining the rights, obligations, and remedies available to parties in case of breach, students gain
insight into the nuances of contractual agreements. Through a blend of theoretical study, case
analyses, and practical applications, participants not only grasp the theoretical underpinnings of
Indian contract law but also develop the analytical skills necessary to navigate real-world
contractual scenarios effectively. Moreover, the course delves into special categories of contracts,
standard format contract and electronic contracts, while also addressing contemporary issues and
developments shaping contractual jurisprudence in India. By the conclusion of this course, students
emerge equipped with the knowledge and proficiency to engage with and apply Indian contract law
principles in legal practice and academic discourse.

OBJECT OF THE COURSE:

The primary objective of course Law of Contract- I is to teach the students both theoretically and
pragmatically with the core concepts of Contract, laws and legal facets relating to elements of
contract, its application and limitations, discharge of contract and damages etc. A detailed
description of the objectives are referred as:
1. Remembering: At this level, students will be able to recall and recognize the foundational
concepts, principles, and terminology of contract law. They will memorize key definitions such as
offer, acceptance, consideration, and capacity, as well as recall landmark cases that have shaped
contract law doctrines.
2. Understanding: Moving beyond mere memorization, students will demonstrate a deeper
comprehension of contract law principles. They will be able to explain the significance of legal
elements within contracts, analyze contractual language, and interpret judicial decisions.
Understanding will extend to recognizing the nuances of contractual relationships in various
contexts, such as commercial transactions, employment agreements, and consumer contracts.
3. Applying: At the application level, students will utilize their understanding of contract law to
solve practical problems and scenarios. They will draft contractual clauses, negotiate agreements,
and assess the enforceability of contracts. By applying legal principles to real-world situations,
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COURSE OUTLINE OF Law of Contract-I
students will develop the skills necessary for legal practice, including contract drafting, negotiation,
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and dispute resolution.
4. Analyzing: This level involves breaking down complex contractual scenarios into their
constituent parts for deeper examination. Students will analyze case law, statutes, and contractual
provisions to identify legal issues, rights, and obligations. Through case studies and legal research,
they will dissect contractual disputes, identify potential legal remedies, and evaluate the strengths
and weaknesses of legal arguments.
5. Evaluating: At the evaluation stage, students will critically assess the effectiveness, fairness, and
ethical implications of contractual arrangements. They will weigh conflicting interests, assess the
impact of contractual provisions on various stakeholders, and consider alternative approaches to
resolving disputes. Through debates, simulations, and peer reviews, students will evaluate the
ethical dimensions of contract law and develop the ability to make informed judgments about legal
issues.
6. Creating: Finally, at the highest level of Bloom's Taxonomy, students will synthesize their
knowledge and skills to create innovative solutions to complex contractual problems. They will
draft comprehensive contracts, develop alternative dispute resolution mechanisms, and propose
legal reforms to address emerging issues in contract law. By engaging in creative problem-solving,
students will demonstrate mastery of contract law concepts and readiness for legal practice.

LEARNING OUTCOMES:

Upon successful completion of the course titled "Law of Contract - I" students will be able to:
1. Understand the fundamental principles and elements of contract law, including offer, acceptance,
consideration, and contractual capacity.
2. Analyze and interpret case law, statutes, and contractual provisions to identify legal issues and
rights within contractual relationships.
3. Apply contract law principles to solve practical problems, draft contracts, and assess the
enforceability of contractual provisions.
4. Evaluate the fairness, effectiveness, and ethical implications of contractual arrangements in
various contexts, including commercial transactions and consumer contracts.
5. Develop critical thinking skills and legal reasoning abilities necessary for navigating complex
contractual scenarios and resolving disputes.
6. Demonstrate proficiency in contract drafting, negotiation, and alternative dispute resolution
mechanisms through practical exercises and simulations.
7. Synthesize knowledge of contract law concepts to propose innovative solutions and legal reforms
addressing contemporary issues in contract law.

TEACHING PEDAGODY

o Lectures (Synchronous)
o Discussions
o Random Questioning
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COURSE OUTLINE OF Law of Contract-I
o Case Analysis
o Viva Voce 2023-24
o Presentations
o Random Examples
o Reflections

EXPECTATION FROM YOU

1. BEFORE CLASS

• Comprehensive Preparation: The instructor is committed to thoroughly reading, studying,

and contemplating the assigned materials. This ensures that they possess a deep
understanding of the content and can provide insights when required.
• Case Familiarity: The instructor is well-versed in the cases and materials to the extent that
they can deliver concise summaries when called upon, facilitating a better understanding of
the subject matter.
• Critical Reflection: The instructor engages in reflective analysis, particularly concerning
the arguments presented within the legal opinions. This includes assessing the application
of legal rules to specific facts and considering the broader implications.

2. DURING CLASS

• Engagement and Availability: Throughout the class, the instructor maintains a high level
of attentiveness, availability, and active participation. They are open to discussions and
encourage questions from students.
• Information Mastery: The instructor adeptly locates, organizes, analyzes, synthesizes,
and evaluates information. This includes the identification of both the strengths and
weaknesses in specific legal systems, as well as exploring alternative arguments to address
controversies in the field.
• Effective Communication: The instructor exemplifies effective communication skills,
both orally and in writing, employing the English language as well as visual media to
convey concepts and ideas effectively.

3. AFTER CLASS

• Collaborative Problem-Solving: The instructor supports and guides students in

working on problems assigned to small groups, fostering collaborative problem-solving
and learning.
• Discipline-Appropriate Values: The instructor models values, knowledge, skills, and
attitudes appropriate to the discipline, serving as an example of professionalism and
expertise.
• Multi-Perspective Problem Solving: The instructor encourages students to address
problems in various contexts, taking into account local, comparative, and international
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COURSE OUTLINE OF Law of Contract-I
perspectives, broadening their horizons.
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• Encouragement of Personal Reflection: The instructor stimulates personal reflection
among students, urging them to formulate and articulate their own views on the
discussed issues and be prepared to present arguments for their positions.
• Comprehensive Review: The instructor ensures that any assigned materials not covered
in class are reviewed by students to guarantee a complete understanding of the course
content.
• Material Summarization: The instructor provides summaries and outlines of course
materials and class discussions, facilitating students' comprehension and retention of the
subject matter.

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 NATIONAL LAW UNIVERSITY, TRIPURA
BA, LL. B (Hons.) SEMESTER: II, BATCH-2023-28
COURSE OUTLINE OF Law of Contract-I
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READINGS
The students are expected to read, understand and keep up with the reading assignments
throughout the semester. The readings at this level require in-depth reading and studying. The
required materials cover the basic material in the form of essential readings outlined in each
module. However, students may find themselves needing additional information and therefore,
we have identified recommended reference materials also. Students are expected to read
essential material prior to class.

EVALUATION SYSTEM
The examination system of the University promotes continuous review and ensures
transparent evaluation methods. To get good grades, you will need to do well over a period
of time and not once or twice. In order to promote transparencyand objectivity, detailed
evaluation report of project assignments and answer scripts will be given to students for
their perusal. The assessment strategy for this paper is designed to assess knowledge, skills
and understanding in a specialist area of legal theory and to allow students to develop
comparative law methodologies.

S. No. Assessment Mode [Internal] Marks

1. Research Paper/Project Presentation/Internal 25

Assessment
Students will have to demonstrate their ability to research on
an assigned topic and critically
evaluate legal systems and laws.
2. Mid Term Exam 25
3 Attendance 05

4 End Semester Exam 45

5 Total 100

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COURSE OUTLINE OF Law of Contract-I
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Group Assignment
Students will work in a group of two, three or five on a given assignment. The research
paper would consist of following segments:

Creating project assignments for Law of Contract – I course that covers such a wide range of topics
is crucial for deepening understanding and applying knowledge. Hence students are given seven
moot propositions reflecting the modules of the course. Students will be fragmented into groups
and allocated propositions and have to perform through mooting. Marks allocated for the assessment
shall be distributed on the contents of the memorial, primarily adequate reference to the legal
provisions and precedents or authorities, and arguments.

These assignments are designed to ensure a comprehensive understanding of fundamentals of law

of contract, relevant and underlying principles, fostering critical thinking, and encourage the
application of knowledge to real-world issues.

End semester examination (45 marks): At the end of the semester student will appear(Subject
to the rules of attendance) in End-Term exam for two and half hours and of 45 marks. Students
are strongly advised to read the literature and leading cases from the report which would enable
them to solve the legal problems in the exams as mostof the questions will be problem based.
Students are required to exhibit application and interpretation of knowledge; evaluation of legal
systems and laws.

ACADEMIC HONESTY

Plagiarism and Cheating are strictly prohibited. Plagiarism is defined as taking or using the
thoughts, writings, or inventions of another without acknowledging him/her. It also means using
direct quotations without quotation marks, as well as using the ideas of another without proper
credit. Ask your instructor when in doubt. Cheating is defined as any intent to deceive the
instructor in his or her effort to grade fairly. Anything that can possibly affect the fairness of
grading is cheating, which I interpret to include any collaborative, mischievous, or disruptive
behavior. In this course, pay special attention to gleaning information off theInternet, and do NOT
pass it off as your own, or without proper citation. Learn to paraphrase ideas in your own words.
Do not purchase, borrow, or revise another student's work. Do not "double dip" an assignment
you did in another class to turn it in for this one. Students indulging in such activities shall be
punished according to university rules.

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BA, LL. B (Hons.) SEMESTER: II, BATCH-2023-28
COURSE OUTLINE OF Law of Contract-I
LECTURE
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PLAN
Modules Lecture Hours [60]
Module I: Introduction 1-15
Module II: Limitation on Freedom of Contract 16-26
Module III: Formation of E- Contract 27-31
Module IV: Contingent Contract 32-36
Module V: Discharge of Contract 37-47
Module VI: Quasi Contract and Claim for Compensation 48-52
Module VII: Remedies for Breach of Contract 53-60

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COURSE OUTLINE OF Law of Contract-I
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COURSE CONTENT

MODULE I: INTRODUCTION
Understanding contractual obligations requires delving into various facets of contract law,
encompassing its historical evolution and fundamental nature. Contract formation is a pivotal
aspect, necessitating an exploration of its essentials, including the intention to create a legal
relationship and enforceability. This involves a thorough examination of the offer and acceptance
process, encompassing different types and rules, alongside the crucial elements of communication
and revocation. Additionally, considerations of capacity to contract, encompassing factors such as
age, soundness of mind, and legal disqualification, further elucidate the complexities of contractual
engagements. The significance of consent to contract cannot be overstated, wherein free and valid
consent is pivotal, while factors such as coercion, undue influence, fraud, misrepresentation, and
mistake can vitiate a contract. Finally, the role of consideration in contract formation, its lawfulness,
exceptions, and the concept of privity of consideration, underscores the multifaceted nature of
contractual arrangements.

A. History and nature of contractual obligation

B. Formation of Contract: Essentials, Intention to create legal relationship, Enforceability
C. Formation of a Contract: Offer and Acceptance; Types and Rules, Communication and
Revocation- Meaning and Modes
D. Capacity to Contract: Age, soundness of mind, Legal Disqualification; Contract with minor,
restitution in agreement with minor
E. Consent to contract: Free Consent, Valid consent and factors vitiating valid contract; Coercion,
Undue Influence, Fraud, Misrepresentation, Mistake & its type, effect on agreement
F. Consideration to Contract: Lawfulness of consideration, exceptions to the rules of consideration,
Privity of Consideration

Essential Readings:

1. Anirudh Wadhwa, Mulla The Indian Contract Act, 16th Edition, Lexis Nexis
2. Chitra Narayan R Yashod Vardhan, Pollock and Mulla’s The Indian Contract & Specific Relief
Acts, 16th Edition, Lexis Nexis
3. J. Beatson, A. Burrows, J. Cartwrights, Anson’s Law of Contract, 29 th Edition, Oxford
Publication
4. Professor Hugh Beale, Chitty on Contracts, 33rd Edition, Sweet and Maxwell
5. Rajesh Kapoor, Avatar Singh’s Law of Contract and Specific Relief, 13 th Edition, Eastern Book
Company
6. Dr. R. K. Bangia’s Contract – I, 17th Edition, Allahabad Law Agency,
7. P. C Markanda’s The Law of Contract, Lexis Nexis

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COURSE OUTLINE OF Law of Contract-I
2023-24

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COURSE OUTLINE OF Law of Contract-I
2023-24
EXPECTED LEARNING OUTCOME

1. Gain a comprehensive understanding of the historical development and fundamental nature of

contractual obligations.
2. Acquire the necessary knowledge to identify and analyze the essential elements required for the
formation of a valid contract, including offer and acceptance, intention to create legal relations, and
enforceability.
3. Develop a nuanced understanding of the various factors affecting capacity to contract, such as
age, soundness of mind, and legal disqualification, and their implications in contractual
engagements.
4. Learn to discern the significance of free and valid consent in contract formation, along with an
awareness of the factors that can vitiate consent, such as coercion, undue influence, fraud,
misrepresentation, and mistake.
5. Understand the concept of consideration in contract law, including its lawfulness, exceptions,
and the principle of privity, and its role in facilitating and sustaining contractual relationships.

Module II: Limitations on freedom of contract

Understanding the intricate landscape of contractual agreements is essential in navigating the legal
terrain, encompassing a spectrum of nuances and complexities. Central to this understanding are
the concepts of void and voidable contracts, as well as agreements deemed unlawful or void due to
uncertainty in their terms or unlawful objects and considerations. Furthermore, exploring void
agreements sheds light on specific prohibitions such as restraints on marriage, trade, and legal
proceedings, each delineating the boundaries of permissible contractual arrangements. Delving
deeper, the exploration extends to wagering and illegal agreements, elucidating their impact on
collateral agreements and the broader contractual framework. This multifaceted examination
underscores the intricate interplay between legal principles and practical applications, shaping the
contours of contractual engagements within the legal landscape.

A. Agreement and Contract:

i. Void and Voidable Contract,
ii. Unlawful agreement,
iii. Agreement void for uncertainty,
iv. Unlawful object and consideration
B. Void Agreements:
i. Agreement in Restraint of Marriage,
ii. Agreement in Restraint of Trade,
iii. Agreement in Restraint of Legal Proceeding
C. Wagering Agreement and Illegal Agreement:
i. Impact upon Collateral Agreements
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COURSE OUTLINE OF Law of Contract-I
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Essential Readings:

1. Anirudh Wadhwa, Mulla The Indian Contract Act, 16th Edition, Lexis Nexis
2. Chitra Narayan R Yashod Vardhan, Pollock and Mulla’s The Indian Contract & Specific Relief
Acts, 16th Edition, Lexis Nexis
3. J. Beatson, A. Burrows, J. Cartwrights, Anson’s Law of Contract, 29 th Edition, Oxford
Publication
4. Professor Hugh Beale, Chitty on Contracts, 33rd Edition, Sweet and Maxwell
5. Rajesh Kapoor, Avatar Singh’s Law of Contract and Specific Relief, 13 th Edition, Eastern Book
Company
6. Dr. R. K. Bangia’s Contract – I, 17th Edition, Allahabad Law Agency,
7. P. C Markanda’s The Law of Contract, Lexis Nexis

EXPECTED LEARNING OUTCOME

1. Understand the distinctions between void and voidable contracts, as well as agreements rendered
unlawful or uncertain, thereby gaining insight into the essential elements determining contract
validity.
2. Identify and analyze the implications of specific void agreements, such as those restraining
marriage, trade, or legal proceedings, enhancing proficiency in recognizing and navigating
prohibited contractual arrangements.
3. Gain proficiency in discerning the characteristics and ramifications of wagering agreements and
illegal contracts, including their impact on related collateral agreements, fostering a nuanced
understanding of contractual legality.
4. Develop the ability to evaluate contractual clauses and terms for certainty and legality, enabling
effective drafting and negotiation practices in real-world contractual engagements.
5. Acquire a comprehensive understanding of Indian contract law principles and their practical
applications through the examination of relevant cases and materials, facilitating the application of
legal knowledge in diverse contractual scenarios.

Module III: Formation of E-Contract

Navigating the realm of electronic contracts entails a multifaceted exploration of legal and
jurisdictional intricacies, underpinned by evolving frameworks and regulations. From the
modalities of e-contracts, including click-wrap, browse-wrap, shrink-wrap, and email contracts, to
the jurisdictional challenges they pose, understanding the nuances is paramount. Against this
backdrop, the UNCITRAL Model Law on E-Commerce 1996 emerges as a pivotal guidepost,
shaping the global landscape of electronic transactions. Additionally, the Information Technology
Act, 2000, provides a legislative framework essential for governing electronic contracts and
transactions within India. Amidst the proliferation of standard form contracts, it becomes imperative
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to navigate relevant guidelines and best practices to ensure fairness and legality in electronic
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engagements. This comprehensive examination underscores the intricate interplay between
technological advancements, legal frameworks, and contractual practices in the digital age.

A. E-Contracts:
i. Contract by Click Wrap,
ii. Browse Wrap Contract,
iv. Shrink Wrap contract and,
v. Email Contracts
B. Jurisdictional Issues
C. UNCITRAL Model Law on E-Commerce 1996
D. Informational and Technology Act, 2000
E. Standard Form Contract and relevant guidelines

Essential Readings:

1. R . K.Singh, Law Relating to Electronic Contract, 2nd edition, Lexis Nexis

2. Namrata Shukla, E-Contracts, Tender and Agreement,, 2nd Edition, Lawmann
3. Anirudh Wadhwa, Mulla The Indian Contract Act, 16th Edition, Lexis Nexis
4. Chitra Narayan R Yashod Vardhan, Pollock and Mulla’s The Indian Contract & Specific Relief
Acts, 16th Edition, Lexis Nexis
J. Beatson, A. Burrows, J. Cartwrights, Anson’s Law of Contract, 29th Edition, Oxford Publication
4. Professor Hugh Beale, Chitty on Contracts, 33rd Edition, Sweet and Maxwell

EXPECTED LEARNING OUTCOME:

1. Develop a comprehensive understanding of the various modalities of e-contracts, including click-

wrap, browse-wrap, shrink-wrap, and email contracts, enhancing proficiency in navigating digital
transactional frameworks.
2. Gain insights into the jurisdictional challenges inherent in e-commerce, fostering the ability to
analyze and address legal complexities arising from cross-border electronic transactions.
3. Acquire a thorough understanding of the UNCITRAL Model Law on E-Commerce 1996,
enabling critical analysis and application of its provisions in the context of international electronic
commerce.
4. Master the legal intricacies of electronic transactions within India by delving into the provisions
of the Information Technology Act, 2000, and its relevance in governing electronic contracts and
transactions.
5. Develop proficiency in drafting, negotiating, and evaluating standard form contracts while
adhering to relevant guidelines and best practices, ensuring compliance and fairness in electronic
engagements.

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COURSE OUTLINE OF Law of Contract-I
MODULE IV: Contingent
2023-24 Contract
Exploring the realm of contingent contracts unveils a landscape of dynamic legal arrangements
shaped by uncertainty and conditional obligations. From grasping the concept and scope of
contingent contracts to understanding the nuances of enforcement, this journey delves into the
intricacies of contractual engagements hinged upon future events or conditions. As the purview
extends to options and derivatives, the application of contingent contract principles takes on added
significance, illuminating their role in financial instruments and risk management strategies. Thus,
this comprehensive examination not only elucidates the foundational principles but also unveils
their practical implications in diverse contractual contexts, underscoring the intricate interplay
between uncertainty, enforcement, and financial innovation.

A. Contingent Contract: Concept and Scope

B. Enforcement to Contingent Contracts
C. Applicability to options and derivatives

Essential Readings:

1. Anirudh Wadhwa, Mulla The Indian Contract Act, 16th Edition, Lexis Nexis
2. Chitra Narayan R Yashod Vardhan, Pollock and Mulla’s The Indian Contract & Specific Relief
Acts, 16th Edition, Lexis Nexis
3. J. Beatson, A. Burrows, J. Cartwrights, Anson’s Law of Contract, 29 th Edition, Oxford
Publication
4. Professor Hugh Beale, Chitty on Contracts, 33rd Edition, Sweet and Maxwell
5. Rajesh Kapoor, Avatar Singh’s Law of Contract and Specific Relief, 13 th Edition, Eastern Book
Company
6. Dr. R. K. Bangia’s Contract – I, 17th Edition, Allahabad Law Agency,
7. P. C Markanda’s The Law of Contract, Lexis Nexis

Expected Learning Outcomes:

1. Gain a comprehensive understanding of contingent contracts, including their concept, scope, and
applicability in various contractual scenarios.
2. Develop proficiency in navigating the enforcement mechanisms specific to contingent contracts,
discerning the legal frameworks and remedies available for contingent obligations.
3. Acquire specialized knowledge concerning the application of contingent contract principles to
options and derivatives, enabling critical analysis and strategic decision-making in financial
contexts.
4. Enhance problem-solving skills by evaluating real-world scenarios involving contingent
contracts, thereby honing the ability to identify and address legal issues and uncertainties.

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5. Cultivate a deeper appreciation of the strategic implications of contingent contracts in business
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settings, including risk management strategies and negotiation tactics, fostering adeptness in
contractual engagements.

MODULE V: Discharge of Contract

Navigating the intricacies of contract performance and discharge unveils a comprehensive
landscape defined by legal principles and practical applications. From the foundational elements of
performance and tender to the rules governing joint promisors and promises, the journey delves into
the essential components that underpin contractual obligations. Exploring the temporal and spatial
dimensions of performance, alongside the ramifications of failure and available remedies,
illuminates the dynamic interplay between time, place, and fulfillment. Moreover, the examination
extends to the various mechanisms of discharge, including performance, agreement, novation,
alteration, and rescission, elucidating the diverse pathways through which contractual obligations
may be terminated or modified. As the discourse transitions to discharge by impossibility, the
doctrine of frustration emerges as a pivotal consideration, highlighting its applicability, limitations,
and exceptions in mitigating unforeseen circumstances. Furthermore, the exploration of discharge
by breach, encompassing both actual and anticipatory scenarios, underscores the complex
repercussions of contractual violations, shaping the contours of legal liability and remedies. This
comprehensive analysis thus encapsulates the multifaceted dynamics of contract performance and
discharge, offering a holistic understanding of their legal frameworks and practical implications.

A. Performance and Tender:

i. Offer of performance,
ii. Essentials of a valid tender
B. Rules relating to performance:
i. Nature of liability of Joint promisors and promises
C. Time and Place of Performance:
i. Effect of Failure,
ii. Remedies available,
iii. Appropriation of payment
D. Discharge:
i. Performance,
ii. Agreement,
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iii. Novation,
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iv. Alteration,
v. Rescission,
E. Discharge by Impossibility:
i. Doctrine of Frustration,
ii. Applicability,
iii. Limitations and exceptions,
F. Discharge by Breach:
i. Actual and
ii. Anticipatory

Essential Readings:

1. Anirudh Wadhwa, Mulla The Indian Contract Act, 16th Edition, Lexis Nexis
2. Chitra Narayan R Yashod Vardhan, Pollock and Mulla’s The Indian Contract & Specific Relief
Acts, 16th Edition, Lexis Nexis
3. J. Beatson, A. Burrows, J. Cartwrights, Anson’s Law of Contract, 29 th Edition, Oxford
Publication
4. Professor Hugh Beale, Chitty on Contracts, 33rd Edition, Sweet and Maxwell
5. Rajesh Kapoor, Avatar Singh’s Law of Contract and Specific Relief, 13 th Edition, Eastern Book
Company
6. Dr. R. K. Bangia’s Contract – I, 17th Edition, Allahabad Law Agency,
7. P. C Markanda’s The Law of Contract, Lexis Nexis

Expected Learning Outcome:

1. Gain a comprehensive understanding of the intricacies surrounding the offer of performance and
the essentials required for a valid tender, facilitating effective negotiation and execution of
contractual obligations.
2. Develop proficiency in navigating the rules pertaining to joint promisors and promises, enabling
the assessment of legal liabilities and responsibilities in collaborative contractual arrangements.
3. Acquire specialized knowledge concerning the time and place of performance, along with the
effects of failure and the spectrum of available remedies, enhancing strategic decision-making in
contractual engagements.
4. Cultivate a nuanced understanding of the various mechanisms of discharge, including
performance, agreement, novation, alteration, and rescission, fostering adeptness in managing and
modifying contractual obligations.
5. Enhance critical thinking skills by exploring discharge by impossibility and breach,
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comprehending the doctrine of frustration, its applicability, limitations, and exceptions, and
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discerning the legal implications of actual and anticipatory breaches in contractual relationships.

MODULE VI: Quasi Contract and Claim for Compensation

Navigating the intricate realm of legal obligations unfolds a tapestry woven with diverse principles
governing financial interactions and societal responsibilities. From the foundational concept of
quasi-contracts, exemplified by the claim for necessaries, to the complex web of reimbursement
and obligations arising from non-gratuitous acts, this exploration traverses multifaceted legal
terrain. Delving further, it scrutinizes the responsibilities borne by finders of goods and dissects the
nuances of liability stemming from mistaken or coerced payments. Each facet sheds light on the
interplay between rights and duties, providing insights into the reciprocal obligations inherent in
various transactions. Thus, this comprehensive analysis elucidates the rights, duties, and liabilities
entwined within the fabric of legal relationships, offering a nuanced understanding of societal and
financial interactions.

A. Quasi Contract: Claim for necessaries

B. Reimbursement of person paying money due to another
C. Obligation of person enjoying benefit of non-gratuitous act
D. Responsibility of Finder of Goods
E. Liability of person to whom money paid by mistake or under coercion

Essential Readings:

1. Anirudh Wadhwa, Mulla The Indian Contract Act, 16th Edition, Lexis Nexis
2. Chitra Narayan R Yashod Vardhan, Pollock and Mulla’s The Indian Contract & Specific Relief
Acts, 16th Edition, Lexis Nexis
3. J. Beatson, A. Burrows, J. Cartwrights, Anson’s Law of Contract, 29 th Edition, Oxford
Publication
4. Professor Hugh Beale, Chitty on Contracts, 33rd Edition, Sweet and Maxwell
5. Rajesh Kapoor, Avatar Singh’s Law of Contract and Specific Relief, 13 th Edition, Eastern Book
Company
6. Dr. R. K. Bangia’s Contract – I, 17th Edition, Allahabad Law Agency,
7. P. C Markanda’s The Law of Contract, Lexis Nexis

EXPECTED LEARNING OUTCOME:

1. Develop a thorough understanding of quasi-contracts and the legal principles governing claims
for necessaries, enhancing proficiency in identifying and resolving obligations arising from implied
contractual relationships.
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COURSE OUTLINE OF Law of Contract-I
2. Acquire specialized knowledge concerning reimbursement in Indian law, including the principles
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and practices governing the repayment of money paid due to another, facilitating informed decision-
making in financial transactions.
3. Gain insight into the legal obligations of individuals benefitting from non-gratuitous acts,
fostering the ability to analyze and address reciprocal duties arising from such circumstances.
4. Enhance critical thinking skills by exploring the responsibilities of finders of goods, discerning
the legal implications and ethical considerations surrounding the discovery and disposition of lost
property.
5. Cultivate a nuanced understanding of liability arising from mistaken or coerced payments,
enabling the identification and mitigation of legal risks associated with financial transactions
conducted under duress or error.

MODULE VII: Remedies for Breach of Contract

Exploring the vast landscape of contractual remedies unveils a tapestry woven with intricate legal
principles and equitable doctrines. From the foundational concept of damages in the law of contract,
encompassing various types, measures, and the doctrine of remoteness exemplified by the rule of
Hadley vs. Baxendale, to the nuanced considerations of liquidated damages, this discourse navigates
through the spectrum of contractual redress mechanisms. Delving further, it scrutinizes the delicate
balance struck by the doctrine of penalty and forfeiture, illuminating the distinctions between
enforceable contractual provisions and penalties. Moreover, the exploration extends to equitable
remedies, including quantum meruit and force majeure, offering insights into the principles
governing compensation for services rendered and unforeseen events impacting contractual
performance. As the discussion culminates in an examination of the Specific Relief Act, 1963, the
focus sharpens on specific performance and injunctions as potent tools for enforcing contractual
obligations and protecting legal rights. This comprehensive analysis thus illuminates the
multifaceted nature of contractual remedies, blending legal precedent with equitable principles to
offer a holistic understanding of contractual enforcement in the legal landscape.

A. Damages:
i. Types of Damages,
ii. Liquidated damages,
iii. Remoteness of Damages,
iv. Rule of Hadley vs. Baxendale,
v. Measures of Damages
B. Doctrine of Penalty and Forfeiture
C. Quantum Meruit, Force Majeure
D. The Specific Relief Act, 1963:
i. Specific Performance and
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BA, LL. B (Hons.) SEMESTER: II, BATCH-2023-28
COURSE OUTLINE OF Law of Contract-I
ii. Injunctions
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Essential Readings:

1. Anirudh Wadhwa, Mulla The Indian Contract Act, 16th Edition, Lexis Nexis
2. Chitra Narayan R Yashod Vardhan, Pollock and Mulla’s The Indian Contract & Specific Relief
Acts, 16th Edition, Lexis Nexis
3. J. Beatson, A. Burrows, J. Cartwrights, Anson’s Law of Contract, 29 th Edition, Oxford
Publication
4. Professor Hugh Beale, Chitty on Contracts, 33rd Edition, Sweet and Maxwell
5. Rajesh Kapoor, Avatar Singh’s Law of Contract and Specific Relief, 13 th Edition, Eastern Book
Company
6. Dr. R. K. Bangia’s Contract – I, 17th Edition, Allahabad Law Agency,
7. P. C Markanda’s The Law of Contract, Lexis Nexis

EXPECTED LEARNING OUTCOME:

1. Develop a comprehensive understanding of damages in contract law, including the various types,
measures, and principles governing their assessment, facilitating proficient evaluation and
calculation of damages in contractual disputes.
2. Acquire specialized knowledge concerning the doctrine of penalty and forfeiture, enabling critical
analysis and differentiation between enforceable contractual provisions and penal clauses.
3. Gain insight into equitable remedies such as quantum meruit and force majeure, fostering the
ability to assess and apply principles governing compensation for services rendered and unforeseen
events impacting contractual performance.
4. Enhance problem-solving skills by exploring the application of specific performance and
injunctions under the Specific Relief Act, 1963, facilitating effective enforcement and protection of
contractual rights and obligations.
5. Cultivate a nuanced understanding of legal precedent and equitable principles governing
contractual remedies, enabling informed decision-making and strategic advocacy in contractual
disputes and negotiations.

Important Cases to be prepared by Students

Abdul Aziz vs. Masum Ali AIR 1914 All. 22

Ajudhia Prasad vs. Chandan Lal AIR 1937 All. 610
Balfour vs Balfour (1918- 19) ALL ER 860 (C.A.)
Bhagwandas Goverdhandas Kedia vs. M/s. Girdharilal Parshottamdas & Co. A.I.R. 1966 SC 534
Bharat Sanchar Nigam Ltd. & Anr vs. Motorola India Pvt. Ltd.
Carlill Vs. Carbolic Smoking Ball Co. (1891-4) AII ER 127
Central Inland Water Transport Corporation Limited vs. Brojo Nath Ganguly (1986) 3 SCC 156
Desiccant Rotors International vs. Bappaditya Sarkar & Anr, 2009 (Delhi HC)
Dhurandhar Prasad Singh vs. Jai Prakash University AIR 2001 SC 2552
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BA, LL. B (Hons.) SEMESTER: II, BATCH-2023-28
COURSE OUTLINE OF Law of Contract-I
Doraiswami Iyer vs. Arunachala Ayyar (1935) 43 L.W. 259 (Mad.)
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Dunlop Pneumatic Tyre Co Ltd vs Selfridge & Co, Ltd (1915) UKHL 1
Easun Engineering Co. Ltd. vs. The Fertilizer & Chemical Travancore Ltd. AIR 1991 Mad 158
Felthouse vs. Bindley (1862) 11 CB869
Forst Vs. Knight
Ghaziabad Development Authority vs. Union of India AIR 2000 SC 2003
Gherulal Parakh vs. Mahadeodas Maiya AIR 1959 SC 781
Gurmukh Singh vs. Amar Singh (1991) 3 SCC79 286
Hadley vs. Baxendale (1843-60) All ER Rep. 460
Harvey vs. Facey (1893) AC 552
Indian Airlines Corporation vs. Madhuri Chowdhuri AIR 1965 Cal. 252
InterGlobe Aviation Ltd. vs N. Satchidananda (2011) 7 SCC 463
Karsandas H. Thacker vs. M/S The Saran Engineering Co. Ltd. AIR 1965 SC 1981
Kedarnath Bhattacharji vs. Gouri Mahomed (1886) 7 I.D. 64. Cal
Khan Gul vs. Lakha Singh AIR 1928 Lah. 609
Lakshmi Amma vs. Talengalanarayana Bhatta (1970) 3 SCC 159
Lalman Shukla Vs. Gauri Datt (1913) XL ALJR 489
M/S Alopi Prasad and Sons Ltd. vs. Union of India AIR 1960 SC 588
M/S Gujarat Bottling Co. Ltd. & Ors vs. The Coca Cola Co. & Ors. 1995 SCC (5) 545
Mahati Mahati vs. Joseph Mary, 2015 (SC)
Maula Bux vs. Union of India AIR 1970 SC 1955
Mohori Bibee vs. Dhurmodas Ghose (1930) 30 I.A. 114
Nawab Khwaja Muhammad Khan vs. Nawab Husaini Begam (1910) 37 I.A. 152
Niranjan Shankar Golikari vs. Century Spining & Manufacturing Co. Ltd. AIR 1976 SC 1098
Oil and Natural Gas Corporation Ltd. Vs. Saw Pipes Ltd. 2003 (4) SCALE 92
Percept D’mark (India) Pvt Ltd. vs. Zaheer Khan & Anr (2006) 4 SCC 227
Punj Sons Pvt. Ltd. vs Union of India 1986 Del. 158
Raghunath Prasad vs. Sarju Prasad (1923) 51 I.A. 101
Raj Rani vs Prem Adib, 1948 (Bom)
Satyabrata Ghosh vs. Mugneeram Bangur & Co. AIR 1954 SC 44
Shri Hanuman Cotton Mills vs. Tata Air craft ltd. 1969 (3) SCC 522
State of West Bengal vs B. K. Mondal and sons Pvt. Ltd. 1962 SC 779
Subhas Chandra vs. Ganga Prasad AIR 1967 SC 878
Superintendence Company of India vs. Krishna Murgai, 1980 SCR (3) 1278
Tarsem Singh vs. Sukhminder Singh (1998) 3 SCC 471
Trimex International vs. Vedanta Aluminium Ltd., 2010 (SC)
Twedle vs. Atknison, (1861) EWHC J57 (QB)
Union of India vs. Maddala Thathaiah AIR 1966 SC 1724
Venangot Anuradha Samir vs Venangot Mohandas Samir, 2015 (SC)
Venkata Chinnaya Rau vs. Venkataramaya Garu (1881) 1 I.J. 137 (Mad.)

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