The Objective of this course is to acquaint the students with the concepts of contract and agreement and help them learn to differentiate between them. The course will help them understand the effects of different types of contracts.
• Introduction to Contract: Meaning of contract, important definitions (Sec.2a to Sec. 2j), valid essentials of contract, difference in agreement and contract, all contracts are agreements, but all agreements are not contracts.
• Classification of Contracts
• Proposal and Acceptance: Meaning of proposal, types, and legal rules as to the offer. Acceptance: legal rules, communication of offer and acceptance.
• Contractual capacity: Meaning, minors, effects, person of unsound mind: meaning, types and effects, persons disqualified by other laws.
• Free consent: Consent, consensus ad idem: meaning. Coercion: meaning, valid essentials, effects. Undue influence: meaning, essential elements. Fraud: meaning, essential elements. Misrepresentation: effects. Mistake: meaning, classifications (mistake of law and mistake of facts).
• Consideration: Meaning, legal rules, Doctrine of privity of contract and exceptions.
• Legality of object and consideration: When object and consideration considered unlawful, agreement opposed to public policy.
• Void agreements: meaning, types.
• Contingent contracts: Meaning, valid essentials, difference between wagering agreement & contingent contract.
• Performance of contract: Meaning, modes of performance, time as essence of contract, person entitled to demand performance, time, place and manner of performance.
• Discharge of contract: Meaning and modes of discharge of contract, types of breach of contract.
• Remedies for breach of contract: Suit for rescission of contract, suit for damages, suit for quantum merit, suit for specific performance, suit for injuction.
• Contract of Indemnity: Meaning, valid essentials, rights of indemnifier and indemnity holder.
• Contract of Guarantee: Meaning, valid essentials, “is guarantee a contract of uberrimae fidei”, kinds of guarantee, rights of surety, discharge of surety from liability.
Case Studies
Essential Reading:
1. Kapoor, N. D., Elements of Mercantile Law, Sultan Chand & Sons, New Delhi
2. Tulsian, P. C., Business Law, Tata McGraw-Hill Publishing Company, New Delhi
3. Singh, Nirmal, Business Laws, Deep & Deep Publications Pvt. Ltd., New Delhi
Reference books:
4. Datey, V.S., Business and Corporate Laws, Taxmann Allied Services Pvt. Ltd., New Delhi
5. Aggarawal, Rohini, Student’s guide to Mercantile & Commercial Laws, Taxmann Allied Services Pvt. Ltd., New Delhi
6. Gulshan, S. S., Business Law, Excel Books, New Delhi