Symbiosis Law School, Pune

Course Title: Law of Contracts

Course Code: T1471

Number of Credits: 3

Level : 4

Learning Objectives:

1. To understand evolution and meaning of contractual principles codified under the

Indian Contract Act.
2. To develop independent and practical application of contractual rules and principles
so learnt, to specific situations;
3. To develop the aptitude to identify and analyse problematic issues within the law of
contract;
4. To examine the social and commercial issues which impact the application of general
principles of contract law.
5. To instill the skill of drafting contracts.
6. To keep the students abreast with the expanded role of contract in an era of
privatization.

Learning Outcome (s):

If you complete the course successfully, you should be able to:

● Understand the development of the rules and principles of law of contracts.

● Identify the application of Contractual principles to actual issues and problems.
● Identify and explain appropriate remedies for breach of contractual obligations.
● To analyse the impact of social and commercial issues on the evolution and
application of general principles of contract law.
● Draft contractual clauses efficiently.
● To explain and assess recent developments and current controversies in contract law.

Pre-learning:

To have read suggested reading as per session plan and other resources such as films,
documentary, as provided by the course instructor

1
Course Outline
Sr.No. Topics Hours
1 1. The Indian Contract Act, 1872

1.1 Brief History of the Indian Contract Act, (02)

1872
1.2 Basic Concepts under the Act-Sec. 2 (01)

1.2.1 Essentials of contract -Section 10

1.2.2 Kinds of agreements

1.3 Proposal and Acceptance (01)

1.3.1 Communication and revocation of

offers and acceptances
1.4 Standard Form of Contract
(01)
1.5 E- Contracts
(01)
1.6 Consideration

1.6.1 Various aspects of Consideration (03)

1.6.2 Private of contract and exceptions to the
rule
1.6.3 Unlawful consideration

1.7 Competence of parties

(02)
1.7.1 Minor
1.7.2 Insanity and other grounds of
disqualification
1.8 Free consent

1.8.1 Coercion
1.8.2 Undue Influence (05)
1.8.3 Fraud
1.8.4 Misrepresentation
1.8.5 Mistake fact and law

1.9 Void agreements

1.9.1 Agreements in restraint of marriage

1.9.2 Agreements in restraint of Trade
1.9.3 Agreements in restraint of legal
proceedings
1.9.4 Uncertain agreements (03)

1.10 Contingent contracts

2
 1.11 Performance of Contract

1.11.1 Offer/Tender of performance

1.11.2 Who should perform contract
(01)
1.11.3 Rules for performance of
Contracts
(02)
1.11.4 Appropriation of payments –
Clayton’s Rule

1.12 Discharge of contracts

1.12.1 Discharge by Performance

1.12.2 Discharge by Frustration
1.12.3 Discharge by Breach
(03)
1.12.4 Discharge by Agreement

1.13 Consequences of Breach

1.13.1 Kinds of Damages

1.13.2 Rules relating to payment of
damages
(04)
1.13.3 Liquidated damages and penalty

1.14 Quasi Contracts

(01)

2 The Specific Relief Act, 1963 5

2.1 Specific performance of contracts –

Relevant Sections 9, 10, 14, 15, 16, 20,
21, 22, 23and 24
2.2 Rectification of instruments: Relevant
Sections 26 and 27
2.3 Injunctions –Relevant Sections 36, 37, 38,
39 and 40

3 Self Learning including projects, presentations, 10

moot courts, simulation, exercises, film review,
news review, field visit, experiential learning,
guest lectures
4 Total 45

Pedagogy:

1. lecture
2. Discussion

3
 3. self study
4. projects

Books Recommended:

● Law of Contract (LL.B. Series), Prof. (Dr.) Rajni Malhotra Dhingra, Taxmann,(2018
Edition) , 2018.
● Singh, Avtar, Law of Contract, Eastern Book Company, Lucknow (2016)
● Pollock & Mulla, Indian Contract And Specific Relief Acts Vol 1 & 2, 13th Edition Lexis
Nexis Butterworths Wadhwa, Nagpur (2015)
● Narender Kumar, The Indian Contract Act, 1872, 1st Edition, Allahabad Law Agency
(2015),
● Iyer T. S. Venkatesa, Krishnamachari V. and GogiaSurender K, Law of Contracts and
Tenders, S. Gogia& Co., Hyderabad (2014)
● Rai Kailash, Contract – 1, General Principles of Contract (Sec 1 – 75) & Specific Relief
Act, Central Law Publications, Allahabad (2011)
● Beatson J., Anson’s Law of Contract , Oxford University Press (2002)
● Chandiramani Nilima, Law of Contracts, Avinash Publications Bombay (2003)
● Cheshire and Fifoot, Law of Contract, Lexis Nexis, Butterworths Publications (2002)
● Respective Bare Acts

List of Cases:

1. Balfour Vs. Balfour, 2. McGregor Vs. McGregor, 3. Weeks Vs. Tybald, 4. Powell Vs. Lee,
5.Harvey Vs. Facey, 6. Haji MuhhammadVs. Spinner, 7.Hindustan Co-operative Insurance
Society Vs. Shyam Sunder, 8. FelthouseVs. Bindley, 9. Richardson Vs. Rowntree, 10. L.
Estrange Vs. Graucob, 11. Henderson Vs. Stevenson, 12. Mrs. Hairs Vs. Great Western
Railway Company, 13. MackillicanVsCompagnie des Messageries Maritime de France, 14.
CarlillVs. Carbolic Smoke Ball Company, 15. Harbhajanlal Vs. Harcharanlal,
16.LalmanShuklaVs. GauriDutt, 17. Durga Prasad Vs. Baldeo, 18. KedarNathVs.
GorieMuhhammad, 19. Dutton Vs. Poole, 20. TweddleVs. Atkinson, 21. ChinnayaVs.
Rammaya, 22. Dunlop Pneumatic Tyres Company Vs. Selfridge Company, 23.
KhwajaMuhhammadVs. Hussaini Begum, 24. Dunlop Vs. Higgins, 25. MohoriBibiVs.
DharamdasGhose, 26. Sadik Ali Khan Vs. Jai Kishore, 27. Raffles Vs. Wichelhaus, 28.
CundyVs. Lindsay, 29. AmirajuVs. ChikhamSheshamma, 30. RanganayakammaVs.
AlwarSetti, 31. AllcardVs. Skinner, 32. Derry Vs. Peek, 33. Oceanic Stem Navigation
Company Vs. SoonderdasDharamsey, 34. Oriental Banking Corporation Vs John Fleming,
35. Bell Vs. Lever Brothers ltd., 36. MadhubChanderVs. Raj Coomar, 37. BabasahebVs.
Rajaram, 38. Frost Vs. Knight, 39. HochsterVs. De la Tour, 40. Soltan Chand Vs. Schiller

Note: The case listed is illustrative and not exhaustive