|
CHAPTER
I
PRELIMINARY |
2
|
• |
Agreement
and Contract |
2
|
• |
Essentials
of Contract |
2 |
Q. |
What
are the basic essential of valid contract? |
2 |
|
CHAPTER
II
PROPOSAL
OR OFFER
|
|
Q. |
What
is an offer and state also essentials of offer? |
4 |
• |
Essential
of a Valid Proposal |
4 |
1. |
The
Proposal must be Communicated |
4 |
Q. |
What
principle laid down in section 3? |
5 |
Q. |
What
principle laid down in the case of Lalman Shukla? |
5 |
Q. |
Explain
with the example when the communication is complete. |
6 |
2. |
Proposal
must be certain |
6 |
3. |
Intention
to Create Legal Relationship |
6 |
Q. |
Whether
it is necessary to create legal relationship for a valid contract? |
6 |
Q. |
Explain
the facts of Balfour v. Balfour case. |
6 |
4. |
Offer
may be General or Specific |
7 |
Q. |
Discuss
the facts of Lalman Shukla v. Gauri Dutt case. |
7 |
Q. |
Laid
down the principle in Carlill v. Carbolic case. |
7 |
• |
Offer
and Invitation to Offer |
8 |
Q. |
What
is invitation to offer and how it differs from offer? Discuss the
relevant case laws. |
8
|
Q. |
Explain
the facts of Harvey v. Facie and principle laid down. |
8 |
• |
Revocation
of Proposal |
9 |
Q. |
How
and when proposal is revoked? Explain with examples. |
9 |
|
CHAPTER
III
ACCEPTANCE
|
|
Q. |
Discuss
the facts and principle laid down in “Felthouse v. Bindley”. |
11 |
• |
Communication
of Acceptance must be by a Person who has Authority to Accept |
12 |
Q. |
Discuss
the mode of communication of acceptance and whether acceptance may
inferred from conduct of parties. |
12
|
• |
Acceptance
may also be Inferred from the Conduct of Parties |
12 |
• |
Implied
Acceptance |
13 |
• |
When
is Communication of Acceptance Completes |
13 |
Q. |
Explain
the principle laid down in section 4 with relevant examples. |
14 |
Q. |
How
the acceptance in complete by Telex or Telephone? |
15 |
Q. |
What
are the essentials of a valid acceptance? |
16 |
• |
Essentials
of a Valid Acceptance |
16 |
1. |
Acceptance
should be Communicated |
16 |
2. |
Acceptance
should be Absolute and Unqualified |
17 |
Q. |
Discuss
the facts of Hyde v. Wrench. |
17 |
3. |
Acceptance
should be Expressed in Usual and Prescribed Manner |
18 |
4. |
Acceptance
should be made while the Offer is Still Subsisting |
19 |
• |
Revocation
of Acceptance |
19 |
|
CHAPTER
IV
CONSIDERATION
|
|
Q. |
What
is consideration? Explain with the examples and case laws. |
21 |
• |
Essentials
of the Consideration |
22 |
1. |
At
the Desire of the Promisor |
22 |
Q. |
What
are the essentials of the consideration? |
22 |
Q. |
Discuss
the facts of case ‘Durgaprasad v. Baldeo.’ |
22 |
2. |
The
Promisee or any Other Person |
23 |
Q. |
What
principle laid down in Kedarnath v. Gourie Mohammad? |
23 |
Q. |
What
are the facts in Dulton v. Poole? |
23 |
Q. |
Define
‘Privity of Contract’ whether it is applicable in India? |
24 |
• |
Doctrine
of Privity of Contract of India |
24 |
• |
Exceptions
to the Doctrine of Privity of Contract |
25 |
Q. |
What
are the exceptions to the doctrine of ‘Privity of Contract’? Explain
with the help of case law. |
25
|
3. |
Has
Done or Abstained from Doing Something |
27 |
4. |
Does
or Abstains from Doing Something |
27 |
5. |
Promises
to do or to Abstain from Doing Something |
27 |
6. |
Such
Act or Abstinence or Promise is Called Consideration for the Promise |
27 |
• |
Adequacy
of Consideration |
28 |
• |
Consideration
must be Real |
28 |
• |
Exception
to Consideration |
28 |
Q. |
An
agreement without consideration is void? Explain with suitable examples. |
28 |
1. |
Natural
Love and Affection |
29 |
Q. |
Define
the essentials laid down in section 25(1) |
29 |
2. |
Promise
to Compensate for Something Done Voluntarily |
30 |
3. |
Promise
to Pay a Time-barred Debts |
31 |
4. |
Promise
may Dispense with or Remit Performance |
31 |
5. |
Consideration
not Necessary |
31 |
|
CHAPTER
V
CAPACITY
TO CONTRACT
|
|
Q. |
Who
is minor? Whether a minor is competent to make a contract? Discuss
briefly. |
32 |
• |
Who
is a Minor |
32 |
• |
Nature
of Minors Contract |
32 |
Q. |
Discuss
the principle laid down in Mohori Bibi v. Dharmodas Ghose. |
32 |
Q. |
Explain
the status of contract if it is made by guardian in the interest of
minor. |
33 |
• |
Effects
of Minor’s Agreement |
34 |
1. |
Estoppel
against a Minor |
34 |
Q. |
Discuss
the rule defined in the case of Khan Gul v. Lakha Singh. |
34 |
2. |
Action
in Contract cannot be Converted into an Action in Tort |
34 |
3. |
Doctrine
of Restitution |
35 |
Q. |
Define
doctrine of restitution with the help of case laws. |
35 |
• |
Beneficial
Contracts |
36 |
• |
Contract
of Marriage |
36 |
• |
Contracts
of Apprenticeship |
36 |
Q. |
Explain
the facts and principle in Roberts v. Gray case. |
36 |
• |
Ratification |
36 |
Q. |
Whether
a minor’s contract is subject to ratification? |
36 |
• |
Necessaries
Supplied to Minor: Section 68 |
37 |
Q. |
What
things are come under the purview of “necessaries”? |
37 |
• |
What
is Sound Mind for the Purpose of Contracting: Section 12 |
37 |
Q. |
When
a unsound mind person is capable to enter into the contract. |
37 |
|
CHAPTER
VI
FREE
CONSENT |
|
Q. |
When
a consent is said to be free? |
38 |
Q. |
Define
coercion and essential elements of coercion. |
38 |
1. |
Act
Forbidden by IPC |
39 |
Q. |
Which
acts are forbidden by IPC? Explain with the help of relevant case. |
39 |
2. |
Unlawful
Detaining of Property |
39 |
Q. |
Define
undue influence and explain the essential elements with suitable
examples. |
40 |
• |
Unconscionable
Transaction |
41 |
Q. |
What
elements are included in the definition of fraud? |
42 |
Q. |
Explain
the principle laid down in the case of Derry v. Peek. |
42 |
1. |
False
Statement of True Facts |
43 |
2. |
Active
Concealment of Facts [Section 17(2)] |
43 |
3. |
Promise
without Intention to Perform it [Section 17(3)] |
43 |
4. |
Any
Other Act Fitted to Deceive [Section 17(4)] |
43 |
5. |
Any
Act or Omission which the Law Declares or Fraudulent [Section 17(5)] |
44 |
Q. |
Define
misrepresentation with essential elements with the help of examples and
relevant case laws. |
44
|
• |
Essential
Elements |
44 |
Q. |
Under
which section and in which cases agreements are to be prove void? |
44 |
• |
Mistake
of Fact and Mistake of Law |
45 |
Q. |
What
is the difference between Mistake of fact and mistake in law? |
45 |
Q. |
Define
mistake of fact under sections 20 and 22. |
45 |
• |
Fact
Eessential to the Agreement |
46 |
Q. |
Explain
the rule laid down by the Supreme Court. |
47 |
|
CHAPTER
VII
LEGALITY
OF OBJECT (SECTION 23) |
|
Q. |
“Explain
the cases in which the agreement is unlawful thereby declared void”? |
48 |
Q. |
What
is the distinction between illegal and void contracts? |
49 |
1. |
Forbidden
by Law |
49 |
Q. |
Explain
the facts of Pearce v. Brooks. |
49 |
2. |
Defeat
the Provisions of any Law |
50 |
3. |
Fraudulent |
50 |
4. |
Injury
to Person or Property of Another |
50 |
5. |
Immoral
or Opposed to Public Policy |
51 |
• |
Heads
of Public Policy |
52 |
Q. |
Define
the heads of public policy. |
52 |
|
CHAPTER
VIII
VOID AGREEMENTS
|
|
Q. |
What
are void agreements? Explain in brief. |
53 |
Q. |
Explain
section 27 with the relevant case law. |
54 |
Q. |
What
are exceptions defined in section 27? |
55 |
• |
Provisions
in Partnership Act |
55 |
Q. |
What
are the provisions in partnership which relate with the section 27?
Explain with the help of examples. |
55
|
• |
Exceptions
Recognised through Judicial Interpretation |
55 |
Q. |
Explain
the circumstances in which agreements are void in restraint of legal
proceedings. |
56
|
Q. |
Define
uncertainty with the help of illustrations. |
57 |
Q. |
Define
wager. Whether wager is void? |
58 |
Q. |
Essentials
of a wagering contract. Explain with the help of illustrations. |
58 |
Q. |
Define
lotteries. |
59 |
• |
Effects
of Wagering Contracts |
59 |
Q. |
What
are the effects of wagering contracts? |
59 |
• |
Exception
to section 30 |
59 |
Q. |
What
are the exceptions of wagering contracts? |
59 |
¨ |
Contingent
Contracts |
60 |
Q. |
Define
contingent contract: what are the essentials? Define with the help of
examples. |
60
|
• |
Essentials |
60 |
¨ |
Performance
of contract |
62 |
Q. |
What
is the obligation of party to contract? |
62 |
Q. |
Define
the tender of performance. |
62 |
Q. |
What
are the effects of refusal of party? Its perform promise wholly. |
63 |
¨ |
Performance
of joint promises |
64 |
• |
Each
Promisor may Compel Contribution |
65 |
• |
Sharing
of Loss by Default in Contribution |
65 |
• |
Time
and place for performance |
66 |
Q. |
Define
the time and place for performance of contract. |
66 |
¨ |
Performance
of reciprocal promises |
68 |
Q. |
Define
reciprocal promises. |
68 |
• |
Effect
of such Failure when Time is not Essential |
70 |
• |
Effect
of Acceptance of Performance at time other than that Agreed Upon |
70 |
Q. |
Define
the cases in which time is essence of contract. |
70 |
¨ |
Discharge
of contract (Sections 56-58) |
72 |
Q. |
Explain
the doctrine of impossibility. |
72 |
Q. |
Discuss
the case in which damages are awarded to injured party. |
72 |
Q. |
What
are the grounds of doctrine of frustrations? Explain the suitable case
laws. |
73 |
1. |
Destruction
of Subject-matter |
73 |
Q. |
Explain
the facts of Taylor v. Coldwell. |
73 |
2. |
Change
of Circumstances |
73 |
3. |
Non-occurrence
of Contemplated Event |
74 |
4. |
Death
or Incapacity of Party |
74 |
Q. |
Discuss
the principle laid down in case of Robinson v. Davison. |
74 |
5. |
Government,
Administrative, Legislative Intervention |
74 |
Q. |
Discuss
the status or position of government in doctrine of frustration. |
74 |
6. |
Change
in Law |
75 |
Q. |
Explain
the rule laid down in the case of Shyam Biri Works Pvt. Ltd. |
75 |
Q. |
What
promises are said to be reciprocal or alternative? Explain with the help
of suitable examples. |
75
|
¨ |
Appropriation
of contracts (Sections 59, 60, 61) |
76 |
Q. |
Discuss
the “appropriation of contracts” |
76 |
• |
Contracts
which need not be Performed |
77 |
Q. |
Discuss
in brief the contracts which need not to be performed. |
77 |
Q. |
Explain
the term ‘novation’ with the help of case laws. |
78 |
1. |
Novation
in the Terms of the Contract |
78 |
2. |
Novation
by Change in the Parties to the Contract |
78 |
Q. |
What
are the consequences of the rescission of a valid contract? |
79 |
¨ |
Of
Certain relations resembling those created by contract (Sections 68-72) |
82 |
Q. |
Define
quasi-contract and what is the legal obligation of such
contracts. |
82 |
Q. |
Explain
the facts and principle laid down in Sinclair v. Brougham. |
82 |
1. |
Claim
for Necessaries Supplied to a Person Incompetent to Contract |
83 |
Q. |
Explain
section 68 with the help of illustrations and suitable case laws. |
83 |
2. |
Obligation
of Person Enjoying Benefit of Non-gratuitous Act |
84 |
Q. |
What
are the responsibility of finder of goods. |
84 |
Q. |
Explain
the liability of person to whom money paid as thing delivered by mistake
or coercion. |
85
|
¨ |
Of
the consequences of breach of contract |
86 |
Q. |
Explain
the remedies which are available to injured party or breach of contract. |
86 |
1. |
Damages |
86 |
2. |
Quantum
Meruit |
86 |
Q. |
Define
Quantum meruit. |
86 |
3. |
Specific
Performance and Injunction |
86 |
• |
Compensation
for Failure to Discharge Obligation Resembling those Created by Contract |
86 |
Q. |
Define
liquidated damages. |
86 |
Q. |
In
what circumstances compensation is awarded to injured party for failure
to discharge obligations? Explain with the help of illustrations. |
86
|
• |
Remoteness
of Damages |
88 |
Q. |
Define
Remoteness of damages. |
88 |
Q. |
Whether
remote damages are subject to compensation to injured party? |
88 |
Q. |
Explain
section 75. |
89 |
|
Part
II
Specific
Contracts (Sections 124-238
|
|
|
CHAPTER
IX
Contract
of Indemnity and Guarantee
|
|
¨ |
Contract
of Indemnity |
91 |
Q. |
Explain
the facts of Adamson v. Jarvis. |
91 |
Q. |
Define
contract of indemnity explained in section 124. |
92 |
Q. |
Explain
the rights which are available to indemnity-holder. |
93 |
¨ |
Contract
of Guarantee (Sections 126-147) |
94 |
Q. |
Define
the term ‘contract of guarantee’, ‘surety’, ‘principal debtor’,
‘creditor’. |
94 |
Q. |
What
consideration is required for formation of contract of guarantee. |
95 |
Q. |
Define
continuing guarantee and also explain the revocation of continuing
guarantee. |
96 |
Q. |
Discuss
in brief in which surety is discharge for performance of contract? |
98 |
Q. |
How
surety can be discharged on the compounding giving extra time to the
debtor principal? |
100
|
Q. |
Discuss
the liabilities of co-surety. |
101 |
Q. |
When
a guarantee is proved to be invalid? |
104 |
¨ |
Distinction
between a Contract of Guarantee and a Contract of Indemnity |
106 |
Q. |
Discuss
the point of distinction between a contract of guarantee and contract of
indemnity. |
106
|
|
CHAPTER
X
Of
Bailment (Sections 148-171)
|
|
Q. |
Explain
the definition of Bailment, bailor and bailee under section 148. |
108 |
Q. |
What
are the essential elements of a valid bailment? Explain with the help of
examples and case-laws. |
109
|
Q. |
How
delivery is made to bailee by bailor? |
110 |
Q. |
What
are the legal obligations imposed by law an bailor and bailee? |
110 |
Q. |
What
are the grounds on which contract of bailment is terminated? |
111 |
Q. |
What
are the effects of mixture with or without consent bailor’s consent? |
112 |
Q. |
Define
lien. What are the kinds of lien? Explain with the help of examples. |
116 |
Q. |
Define
General lien of bankers, factors, wharfingers, attorneys and
policy-brokers. |
118 |
¨ |
Distinction
between Particular & General Lien |
120 |
Q. |
Explain
the points of distinction between particular and general lien. |
120 |
¨ |
Pledge
(Sections 172-181) |
121 |
Q. |
Define
pledge pawnor and pawnee |
121 |
Q. |
What
are the essentials of pledge? Explain in brief. |
121 |
Q. |
Define
the right of pawnee to retain the goods. |
122 |
Q. |
Explain
in brief the rights of pawnee. |
123 |
Q. |
Define
merchantile agent and explain also the pledge by him? |
124 |
¨ |
Suits
by Bailees or Bailors against Wrong-doers |
126 |
|
CHAPTER
XI
AGENCY
(Sections 182-238)
|
|
¨ |
Appointment
and Authority of Agents |
127 |
Q. |
Define
agency. |
127 |
Q. |
Define
the capacity of person who may employ an agent. |
128 |
Q. |
Discuss
the competency of agent. |
129 |
Q. |
What
consideration is required to form an agency? |
129 |
Q. |
Discuss
the extent of agent’s authority. |
131 |
¨ |
Kinds
of Agents |
132 |
Q. |
Explain
in brief kinds of agents. |
132 |
Q. |
Explain
in brief Del credere agent. |
133 |
¨ |
Sub-agents
(Sections 190-195) |
133 |
Q. |
Who
may be sub-agent? Explain. |
133 |
Q. |
Explain—Who
can appoint sub-agent and who is responsible for the acts of sub-agent? |
134
|
¨ |
Ratification
(sections 196-200) |
135 |
Q. |
Define
ratification and what are factors responsible for ratification. |
135 |
¨ |
Revocation
of Authority (Sections 201-210) |
138 |
Q. |
When
an agent can be terminated and what are the modes of revocation? |
138 |
Q. |
Discuss
the power of principal to revoke the agent’s authority. |
139 |
Q. |
When
does agent’s authority terminates take effect? |
140 |
Q. |
Explain
with the help of illustrations. |
141 |
Q. |
When
the sub-agent’s terminates. |
142 |
¨ |
Agent’s
Duty to Principal (Sections 211-221) |
142 |
Q. |
What
are the duties of agent in conducting principal’s business? |
142 |
Q. |
Explain
the rights of principal in agency. |
144 |
Q. |
Define
Agent’s lien on principal’s property. |
147 |
Q. |
What
are essentials for lien? |
147 |
¨ |
Principal’s
duty to agent |
147 |
Q. |
What
are the principal’s duties to agent? Explain. |
147 |
¨ |
Effect
of Agency on Contracts with Third Persons |
149 |
Q. |
How
can agent’s contract be enforced and what are the consequences
thereof? |
149 |
|
PART
II
The
Specific Relief Act, 1963
|
|
¨ |
Introduction |
154 |
|
PART
I
Preliminary
|
155
|
|
PART
II
SPECIFIC
RELIEF
|
|
|
CHAPTER
I
RECOVERING
POSSESSION OF PROPERTY (Sections 5-8)
|
|
Q. |
Define
the manner for recovery of specific immovable property. |
157 |
Q. |
What
are the essential elements to sue or person dispossessed of immovable
property? |
158
|
Q. |
Explain
the principle laid down in section 7. |
159 |
Q. |
Distinguished
section 7 with section 8. |
162 |
|
CHAPTER
II
SPECIFIC
PERFORMANCE OF CONTRACT (Sections 9-25)
|
|
Q. |
Define
specific performance. |
163 |
Q. |
What
are the cases in which specific performance of contract enforceable? |
164 |
Q. |
Explain
the specific performance in connection of trust. |
166 |
Q. |
Whether
it is possible for the specific performance of part of contract? |
167 |
Q. |
What
are the rights of purchaser or lessee against the other with no title or
imperfect title? |
168
|
Q. |
Explain
in brief, the contracts which cannot be specifically enforced by court
of law. |
169 |
Q. |
Explain
the cases. In which who can obtain the specific performance? |
171 |
Q. |
Explain
the parties who are barred to claim relief? |
172 |
Q. |
Explain
the rule laid down in section 17 with illustrations. |
174 |
Q. |
Discuss
specific performance of a contract against whom enforced? |
175 |
¨ |
Discretion
and powers of court |
177 |
Q. |
What
are the discreation and powers of court? |
177 |
Q. |
What
are the powers of court to award compensation? Explain with examples. |
178 |
Q. |
What
are the powers of the court to grant relief? Explain with relevant case
laws. |
179 |
Q. |
Whether
the liquidation of damages is a bar to specific performance? Explain. |
180 |
¨ |
Enforcement
of awards and direction to execute settlements |
180 |
Q. |
How
can be award for specific enforcement enforced. |
180 |
|
CHAPTER
III
Rectification
of Instruments
|
|
Q. |
When
an instrument can be rectified and who may claims rectification? |
181 |
• |
Who
may Claim Rectification section 26(1) |
182 |
• |
Discretion
of the Court in Granting Rectification section 26(2) |
183 |
• |
Enforcement
of Rectified Instrument section 26(3) & (4) |
183 |
• |
Mistake |
183 |
|
CHAPTER
IV
Rescission
of contracts (Sections 27-30)
|
|
Q. |
Discuss
in brief the cases where rescission may be adjudged or refused? |
184 |
Q. |
Explain
the rule laid down in section 28 with the help of suitable case-laws. |
185 |
Q. |
Define
Alternative prayer. |
186 |
|
CHAPTER
V
Cancellation
of instrument (Sections 31-33)
|
|
Q. |
In
what circumstances an instrument may be ordered to be cancelled? Explain
with the help of suitable case-laws and illustrations. |
188
|
Q. |
Discuss
the facts of Dayawati v. Madanlal Verma. |
189 |
Q. |
Explain
the provision defined in section 33. |
189 |
|
CHAPTER
VI
Declaratory
Decrees (Sections 34, 35)
|
|
Q. |
What
are the declaratory decrees and how the court can use his discreationary
power? |
192
|
Q. |
What
are the effects of declaration in decrees? |
194 |
|
CHAPTER
VII
Injunctions
Generally (Sections 36-37)
|
|
Q. |
Define
injunction. |
195 |
• |
Characteristics |
195 |
• |
Injunction
will not be Issued in Cases |
195 |
Q. |
In
what cases the injunction is not issued? |
195 |
Q. |
What
is preventive relief? Give examples also. |
196 |
Q. |
What
are the kinds of injunctions? |
196 |
|
CHAPTER
VIII
Perpetual
injunctions (Sections 38-42)
|
|
Q. |
Discuss
the factors in which courts may grant perpetual injunction. |
197 |
Q. |
Define
Mandatory injunction. Explain illustrations also. |
199 |
Q. |
What
are the cases in which injunction can be refused? |
200 |
• |
Table of Cases
|
203
|