The document outlines the General Principles of Law of Contract, covering various units that include the history and nature of contractual obligations, definitions and elements of agreements, proposal and acceptance, consideration, capacity to contract, free consent, legality of objects, discharge of contracts, quasi contracts, and remedies in contractual relations. Each unit delves into specific aspects such as the effects of coercion, undue influence, misrepresentation, and the conditions for valid performance and breach of contracts. It also discusses the legal implications of void agreements, unlawful considerations, and the types of remedies available in contractual disputes.
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Syllabus
The document outlines the General Principles of Law of Contract, covering various units that include the history and nature of contractual obligations, definitions and elements of agreements, proposal and acceptance, consideration, capacity to contract, free consent, legality of objects, discharge of contracts, quasi contracts, and remedies in contractual relations. Each unit delves into specific aspects such as the effects of coercion, undue influence, misrepresentation, and the conditions for valid performance and breach of contracts. It also discusses the legal implications of void agreements, unlawful considerations, and the types of remedies available in contractual disputes.
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PAPER-LL
CONTRACTS-I_ (General Principles of Law of Contract)
UNIT-1. History and nature of contractual obligations-writs of debt, covenant and account-actions
‘on the case and on assumptionist consideration-moral basis for contractual obligations
subjective and objective theories sanctity of contracts.
UNIT-2, Agreement and contract definitions, elements and different kinds.
UNIT-3. Proposal and acceptance: Their various forms-essential elements, communication and
tations for proposal-floating offers-tenders-dumpingof goods
UNIT-4, Consideration, Nudum pactum-its need, meaning, kinds, essential elements-privity of
contact and considerations-its exception adequacy of consideration present, past and
adequate consideration, unlawful consideration and its effects views of law commission of
India on consideration-evaluation of the doctrine of consideration
UNIT-5. Capacity to contract: Meaning-incapacity arising out of status and mental defect minor's
agreements-definition of “minor”-accessories supplied to a minor-agreements beneficial
‘and detrimental to a minor affirmation-ratification in cases by a person of an agreement
made by him while he was a minor-agreements and estoppels-evaluation of the law
relating to minors agreements-other illustrations of incapacity to contract.
UNIT-6. Free consent: Its need and definition-factors vitiating free consent
Coercion-definition-factors elements-duress and coercion-various illustrations of coercion
doctrine of economic duress-effect of coercion-evaluation of Sec. 15.
Undue influence-definition-essential _elements-between which __influence-
independentadvice- paradarhanashin women-unconscionable bargains effect of undue
influence,
Misrepresentation-definition-misrepresentation of law and of fact-their effects and
Ilustrations
Fraud-definition-essential elements-suggestion-fulse suppressio veri-when does silence
amounts to fraud? Active concealment of truth-importance of intention.
Mistake-definition-kinds-fundamental error-mistake of law and of fact-their effects-when
does a mistake vitiate free consent and when does it not vitiate from consent?.
UNIT-7. Legality of objects
‘Void agreements-lawful and unlawful consideration and objects Void, Voidable, Illegal and
unlawful agreements and their effects.
Unlawful considerations and objects
Forbidden by law
Defeating the provision of any law
Fraudulent
Injurious to person or property
Immoral
Against public policy
Agreements without consideration
Agreements without consideration
‘Agreements in restraint of marriage
Agreements in restraint of trade-its exceptions-sale of good will, sec.11 restrictions, under
the partnership act, trade combinations exclusive dealing agreements, restraints on
employees under agreements of service.
‘Agreements in restraint of legal proceedings-its exception
Uncertain agreement
‘Wagering agreements-its exceptions
UNIT-8. Discharge ofa contract and its various moods:
14By performance-conditions of valid tender of performance-how? By whom? Where? When-
in what manner? Performance of reciprocal promises- time essence of contract
By breach-anticipatory breach and present breach
Impossibility of performance-specific grounds of frustration-application to leases. ther
frustration-effect of frustration-frustration and restitution,
By period of limitation,
By agreement recession and alteration-their effect-remission and waiver of performance
extension of time-accord and satisfaction.
UNIT-9. Quasi contracts or certain relations resembling those ereated by contract
UNTT-10, Remedies in contractual relations
Damages-kinds-remoteness of damages ascertainment of damages,
Injunction-when granted and when refused-why?
Refund and restitution
Specific performance-why? When?
Specific performance of contracts under Specific Relief Act 1969
Recession of contracts
Cancellation of instruments
Declaratory decrees
Preventive relive
of