Contract and Indian Majority Act

Topics: Contract, Contract law, Breach of contract Pages: 11 (3711 words) Published: June 20, 2013
LL.B. I Term
Paper – LB – 102 - Principles of Contract
The law of contracts touches equally upon the lives of ordinary persons and the activities of small and big business. This branch of law deals with law relating to promises, their formation, performance and enforceability. It is scattered over several legislations. There are special legislations dealing with particular contractual relationships, e.g. The Sale of Goods Act, 1930, The Partnership Act, 1932. This paper will include a study of general principles of contracts spelt out in sections 1-75 of the Indian Contract Act, 1872. The remaining provisions of this Act will be covered separately in two papers of LL.B. III/IV Term - Business Association – I (Partnership and Agency) and Commercial Transactions (Sale of Goods, Hire Purchase and Bailments) and one paper of LL.B. VI Term - Negotiable Instruments, Banking and Insurance. The statutory provisions would be supplemented with judicial pronouncements. Prescribed Legislations: (a) The Indian Contract Act, 1872 (b) The Specific Relief Act, 1963 (c) The Indian Majority Act, 1875 Prescribed Books: (a) Nilima Bhadbhade, Pollock & Mulla, Indian Contract & Specific Relief Acts (13th ed., 2006) (b) J. Beatson, Anson’s Law of Contract (28th ed., 2002) (c) H.K. Saharay, Dutt on Contract – The Indian Contract Act, 1872 (10th ed., 2006) (d) Avtar Singh, Law of Contract and Specific Relief (10th ed., 2008) Recommended Book: M.P.Furmston, Cheshire, Fifoot and Furmston’s Law of Contract (15th ed., 2007) Topic 1 : General Introduction – History and Nature of Contractual Obligations Topic 2 : Formation of an Agreement Intention to create legal relationship; offer and invitation to treat; kinds of offer, communication, acceptance and revocation of offer and acceptance; modes of revocation of offer - Indian Contract Act, 1872, sections 2 – 10 Carlill v. Carbolic Smoke Ball Co. (1891-4) All ER Rep.127 1 1. 2. Pharmaceutical Society of Great Britain v. Boots Cash Chemist (Southern) Ltd. (1952) 2 All ER Rep. 456 9

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3. 4. 5. 6. 7.

Balfour v. Balfour (1918-19) All ER 860 (CA) Lalman Shukla v. Gauri Datt (1913) XL ALJR 489 (All.) Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas & Co., AIR 1966 SC 543 Harvey v. Facey (1893) AC 552 Felthouse v.Bindley (1862) 11 CB 869

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Topic 3 : Making of an Agreement – Special Situations Tenders and Auctions - Indian Contract Act, 1872, sections 2 – 10 8. 9. 10. 11. 12. Union of India v. Maddala Thathiah, AIR 1966 SC 1724 Rajendra Kumar Verma v. State of M.P., AIR 1972 MP 131 Kanhaiya Lal Aggarwal v. Union of India, AIR 2002 SC 2766 Haridwar Singh v. Bagun Sumbrui (1973) 3 SCC 889 Indian Airlines Corporation v. Sm. Madhuri Chowdhuri, AIR 1965 Cal. 252 Topic 4 : Consideration Meaning; basis and the nature of consideration; Doctrine of Privity of Contract and of consideration, its exceptions; Exceptions of consideration – Indian Contract Act, 1872, sections 2(d), 2(f), 23 and 25 13. 14. 15. 16. 17. Kedarnath Bhattacharji v. Gorie Mahomed (1886) 7 I.D. 64 (Cal.) Doraswami Iyer v. Arunachala Ayyar (1935) 43 LW 259 (Mad.) Abdul Aziz v. Masum Ali, AIR 1914 All. 22 Venkata Chinnaya Rau v. Venkataramaya Garu (1881) 1 ID 137 (Mad.) Nawab Khwaja Muhammad Khan v. Nawab Husaini Begam (1910) LR 37 I.A. 152 Topic 5 : Capacity to Contract Legal disability to enter into contract - Minors, persons of unsound mind ; person under legal disability; lunatics, idiots; Restitution in cases of minor’s agreement; Liability for necessaries supplied to the minor - Indian Contract Act, 1872, sections 10, 11, 12, 64, 65, 68; Specific Relief Act, 1963, section 33; Indian Majority Act, 1875 18. 19. 20. Mohori Bibee v. Dhurmodas Ghose (1903) 30 I.A. 114 Khan Gul v. Lakha Singh, AIR 1928 Lah. 609 Ajudhia Prasad v. Chandan Lal, AIR 1937 All. 610 65 69 78 54 56 58 60 62 30 36 37 39 42

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Topic 6 : Free Consent Free consent ; Definition – Coercion, Undue influence, Fraud,...
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