18/8/23

S63-Every promisee may dispense with or remit, wholly or in part,

the performance of the promise made to him or may extend the
time for such performance, or may accept instead of it any
satisfaction which he thinks fit.
Pre-existing contract with another party – can that be a good
consideration for a fresh contract
When should be bound to do the duty when there is a good
consideration
Gopal co ltd vs Hazarilal co- dual responsibilities ie; the sole and
the guarantors
AGREEMENTS WITHOUT CONSIDERATION
“Ex nudo pacto non oritur actio” is a Latin maxim that translates to
“a bare promise without consideration cannot be enforced.
 S25 ica
 Bhiva vs Shiva Ram
 Agreement without consideration is void
 Equity- promises do not require consideration, but if you are
bringing it in section 25 then we don’t have to bring equity up
 Time-bared debt- Time-barred debt is money that someone
borrowed and didn't repay but which is no longer legally
collectible because a certain number of years have passed.
Time-barred debt is also known as debt that is beyond the
statute of limitations.
CAPACITY
A void ab initio agreement is Latin for "void from the beginning."
This means that legally, a contract was void as soon as it was
created. The parties of the contract are not legally related based on
what was written in the agreement because the agreement in
question was never valid.
Voidable - capable of being voided
Mohiri bibee vs damordas ghose 1903 -
https://www.legalserviceindia.com/legal/article-232-case-analysis-
mohori-bibee-v-s-dharmodas-ghose.html
 The case tells you what the intention of the legislature was
 English position- depending upon the type of the contract to
continue with the contract or void
 Contracts create rights and obligation
 Promisser exchanged there will be an exchange of consideration
 Does not consider the adequacy of consideration, only bothered
about the presence
4/9/23
TYPES OF CONTRACT
 Ex aequo et bono1) is a legal concept that confers on arbitrators the power to
decide a dispute in accordance with their sense of fairness and good
conscience, instead of rigorously applying terms of a specific body of law.
The principle has been unpopular in contemporary arbitration practice
because there has been a tacit understanding among arbitration lawyers that
to apply ex aequo et bono is to ruin arbitral procedure. This blog posting
challenges this perception and urges the international arbitration community
to de-mystify and revitalise ex aequo et bono, particularly to redress the
‘over-judicialisation’ (encroaching formalisation) of international
commercial arbitration
 A Sans Recourse endorsement of a bill of exchange means
that the endorser is not liable for payment if the bill is
dishonoured by the drawee or any subsequent endorser.
The endorser of a bill with a Sans Recourse endorsement
is not obligated to pay the bill even if the drawer defaults on
payment
 Obligations come from 3 main sources and they are the
common law, penal law and contracts law
 Public trust doctrine- somebody is entrusted by something
13/9/2023
Misrepresentation- page no 66

Discharge of contracts – how do the obligations come to an end

S31- performance – contingent contracts
13/10/23 – specific relief
 Equity played a role in the case of specific relief acts as the
common law didn’t provide any such remedies- courts of
chancery- it was discretionary-you cannot claim remedy as a
matter of right under equity
 The discretion that equity knows no laws in not applicable in
specific relief
 The specific relief act is not exhaustive, not just confined to
contract, reciprocal in application
 Major amendments in 2018
 Types
 Right is your property
16/10/23
 Recovery of immovable property- property is that bundle of
rights a person has
 Personality – possess rights and must be able to enjoy the
rights
 Possession- In India the concept of Adverse Possession
means that a trespasser or a stranger who comes into
possession of the land must be in exclusive and continuous
possession and without interruption for a certain period of
time typically 12 to 30 consecutive years depending upon
the classification of ownership
 Squatting – unlawfully remaining in one's property
 Law approaches possession of the property in two ways- law
treats possession to be more important than the ownership –
as in if the owner disregards his rights and duly avoids the
responsibilities of the property, the law here certainly gives
more importance to the person who is in possession of the
property
 S5 remedy is not used by the true owner
 S6- if any person is disposed of without his consent of
immovable property otherwise than in due course of law, he
or any person ( through whom he has been in possession or
any person) claiming through him may by suit, recover
possession thereof, notwithstanding any other the title may be
set up in such suit
 Corporate criminal liability
 Due process of law
 The ROR is the primary record of land that proves the
rights on land belongs to a particular landowner of that
property. The right to record holds the information of
property transactions. The structure of the document and
the information it provides differs across states.