Breach of contract and specific performance: the law in India and England.
List of Cases:
- Abdul Haque v. Mohammed Yehia Khan AIR 1924 Pat 81
- AC Kunjumohammad v. Govardhan Hathibai AIR 1956 Tr and Coch 93
- Baijnath v. Kshetrahari Sarkar AIR 1955 Cal 210
- Bank Line Ltd v A Capel & Co[1919] AC 435
- Beswick v. Beswick [1968] AC 58, [1967] 2 All ER 1197
- Bradley v. Newsom Sons & Co [1940]3 All ER 60
- Chaplin v. Hicks [1911] 2 KB 786
- Davidson v. Gwynne (1810) 12 East 381
- Dharam Veer v. Union of India AIR 1989 Del 227
- Evans Marshall & Co. Ltd. v. Bertola SA [1973] 1 All ER 992
- Falcke v. Gray (1859) 4 Drew 651
- Freeth v. Burr (1874) LR 9 CP 208
- Frost v. Knight (1872) LR 7 Exch 111 at 114
- Harnam Singh v. Purbi Devi AIR 2000 HP 108
- Heyworth v. Hutchinson [1867] 2 QB 447
- His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar AIR 1996 SC 2095
- Hungerford Investment Trust Ltd v. Haridas Mundhra AIR 1972 SC 1826
- Johnson v. Bland, 2 Burr. p. 108
- Lamare v. Dixon (1873) LR 6 HL 423
- Magnum Films v. Golcha Properties Pvt Ltd, AIR 1984 Del 162
- Mayawanti v. Kaushalya Devi (1990) 3 SCC 1 at 6
- Sanwarmal Goenka v. Soumyendra Chandra Guptu AIR 1981 Cal 37
- Tandra Venkata Subrahmanayam v. Bhagwat Pandey AIR 1982 Pat 219
- Willan v. Willan, 16 Ves. 83
Introduction.
Contract Law - its broadest aims.
Contract Law in India all over the world has two primary functions. Even a lay person will be able to guess what these two functions are. Contract law is conceptualised, codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice, equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract.
The subject under discussion.
The subject of this paper is extremely broad - it is supposed to deal with breach of contract and specific performance. Therefore, it has nothing to do with the legality of contracts and the general principles of contracts, but is intimately
- Abdul Haque v. Mohammed Yehia Khan AIR 1924 Pat 81
- AC Kunjumohammad v. Govardhan Hathibai AIR 1956 Tr and Coch 93
- Baijnath v. Kshetrahari Sarkar AIR 1955 Cal 210
- Bank Line Ltd v A Capel & Co[1919] AC 435
- Beswick v. Beswick [1968] AC 58, [1967] 2 All ER 1197
- Bradley v. Newsom Sons & Co [1940]3 All ER 60
- Chaplin v. Hicks [1911] 2 KB 786
- Davidson v. Gwynne (1810) 12 East 381
- Dharam Veer v. Union of India AIR 1989 Del 227
- Evans Marshall & Co. Ltd. v. Bertola SA [1973] 1 All ER 992
- Falcke v. Gray (1859) 4 Drew 651
- Freeth v. Burr (1874) LR 9 CP 208
- Frost v. Knight (1872) LR 7 Exch 111 at 114
- Harnam Singh v. Purbi Devi AIR 2000 HP 108
- Heyworth v. Hutchinson [1867] 2 QB 447
- His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar AIR 1996 SC 2095
- Hungerford Investment Trust Ltd v. Haridas Mundhra AIR 1972 SC 1826
- Johnson v. Bland, 2 Burr. p. 108
- Lamare v. Dixon (1873) LR 6 HL 423
- Magnum Films v. Golcha Properties Pvt Ltd, AIR 1984 Del 162
- Mayawanti v. Kaushalya Devi (1990) 3 SCC 1 at 6
- Sanwarmal Goenka v. Soumyendra Chandra Guptu AIR 1981 Cal 37
- Tandra Venkata Subrahmanayam v. Bhagwat Pandey AIR 1982 Pat 219
- Willan v. Willan, 16 Ves. 83
Introduction.
Contract Law - its broadest aims.
Contract Law in India all over the world has two primary functions. Even a lay person will be able to guess what these two functions are. Contract law is conceptualised, codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice, equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract.
The subject under discussion.
The subject of this paper is extremely broad - it is supposed to deal with breach of contract and specific performance. Therefore, it has nothing to do with the legality of contracts and the general principles of contracts, but is intimately
Bibliography: Primary Sources Indian Contract Act (1872) Specific Relief Act (1963) Secondary Sources Cheshire et al, Law of Contract, 12th edition, 1991, ELBS with Butterworths, London Chitty on Contracts, 26th edition, 1989, Sweet and Maxwell, London Elizabeth A. Martin, Oxford Dictionary of Law, 5th edition, 2002, Oxford University Press, New Delhi Hugh Collins, The Law of Contract, 3rd edition, 1997, Butterworths, London Pollock and Mulla, Indian Contract and Specific Relief Acts, 12th edition, 2001, Butterworths India, New Delhi S.A Sir Edward Fry, A Treatise on the Specific Performance of Contracts, 6th edition, 1995, Universal Law Publishing House, New Delhi