Teaching Plan

Batch 2016-21
Semester II

Contract – I

By
Mr. Abhijit D Vasmatkar
Assistant Professor, SLS-H

Symbiosis Law School, Hyderabad

(Constituent of Symbiosis International University, Pune)
December 2016 – April 2017
INTRODUCTION

The Indian Contract Act, 1872

A contract is an agreement giving rise to obligations which are enforced or recognized by

law. The factor which distinguishes contractual from other legal obligations is that they are
based on the agreement of the contracting parties. This proposition remains generally true,
even though it is subject to a number of important qualifications.

Law of Contract in India is a species of common law of England. English principles of law of
contract are almost entirely the creation of the courts, the legislature later, played a relatively
small role in its development. They are, for the most part, development of last 200 years, for
contract law is a child of commerce, and has grown through agricultural to industrial nation.
The growth of international trade further led to the creation of international commodity,
shipping, insurance, and money market, many of which were centered in Europe. All of these
commercial developments depended and still do depend for their successful operation upon
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. Apart from the General Principles of Contract
contained in the Indian Contract Act, 1872, it further 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, Negotiable Instruments Act, 1889, the
Marine Insurance Act, 1963, the Life Insurance Corporation Act, 1956, the Motor Vehicle
Act, 1988, the Transfer of Property Act, 1882 etc.

This course shall include a study of general principles of contracts (GPC) spelt out in
Sections 1-75 of the Indian Contract Act, 1872. The remaining provisions of this Act will be
covered separately in the succeeding BBA/BA LL.B - III Semester course namely Special
Contract (Indemnity, Guarantee, Bailment, Pledge, Agency) along with Sale of Goods Act,
1930, Negotiable Instruments Act, 1889 and Indian Partnership Act, 1932. While studying
statutory provisions, Indian Contract Act, 1872 would be supplemented with necessary
judicial pronouncements.
Specific Relief Act, 1963

The Specific Relief Act, 1963 takes care of a large number of remedial aspects of law. It
came in replacement of earlier Act of 1877. The objective of this Act is to ensure that
whenever there is a wrong there must be a „right‟ to remedy. The „rights‟ and „duties‟ are
supplemented by legal devices to help an individual to enforce his rights.

Remedies are generally provided by the branch of substantive law which defines its rights
and duties for its own purposes. The law of contract provides remedy of damages for breach
of contract. Scope of the Specific Relief Act remains specific to provide a network of relief.
The Act does not confer any Rights on itself. Specific relief is only provided for the violation
of a legal right.

This course includes Specific Relief Act, 1963 which defines and amends laws relating to
specific relief including specific performance of an immovable property. This Act provides
for specific relief for the purpose of enforcing individual civil rights and not for the mere
purpose of enforcing civil law. It includes all the cases where the Court can order specific
performance of an enforceable contract.

2. LEARNING OBJECTIVES (Knowledge, Skills and Outcomes)

A. Knowledge

The overall objective of this course is to enable learners to;

Demonstrate knowledge and understanding of the wide range of legal concepts, customs,
principles, rules and procedures surrounding the Law of Contract and Specific Relief.

Demonstrate a comprehensive and accurate knowledge and understanding of the detail of

both the legislations, and the theoretical rationale involved and relationship to the relevant
economic, social, commercial and political context in which the law of contract
(obligation) and specific relief (specific performance) operates.

After studying Law of contract, which required you to understand the broad patterns of
essential principles and steps in the formation of valid contract and to identify the main
policy reasons why the Courts or Parliament have developed the scope of contractual liability
in particular ways, you have acquired a general understanding of the principles upon which
contractual obligation is imposed, including the historical, political, social, economic and
other factors, which may affect the development of such obligation.

The specific objective of this course is to enable you to acquire a comprehensive knowledge
and understanding of general principles of the Law of Contract and some specified areas of
Specific Relief Act. It requires learners to be able, in the context of a given problem, to
identify the relevant area(s) of the law of contract and/or specific relief and to apply that law
in detail and with precision and accuracy to provide an appropriate solution.

B. Skills

The overall objective of this undergraduate course is to develop in you the following set of
skills: general cognitive intellectual skills; general communicative/employability skills; and
subject specific skills.

Cognitive

The course demands that students have the capacity to demonstrate insight in presenting
materials drawn from a wide and sometimes contradictory range of primary and secondary
sources and doctrinal commentary; and to demonstrate an ability to produce a synthesis of
those materials that offers a personal and informed criticism.
Employability

Law of contract will demand that students have the capacity to be able to write and use orally
fluent and complex prose; using legal terminology with scrupulous care and accuracy.

Subject Specific

Law of contract will demand an ability to identify and select key relevant issues and to apply
that knowledge with clarity to difficult situations of significant legal complexity; to analyse
facts and to produce well-supported conclusions in relation to them.

C. Outcomes

Two key skills will be highlighted by this course

(a) case synthesis/problem solving and
(b) independent research. These skills will be central to your success in completing this
course(s) scheme of assessment.
2.1.Case synthesis/Problem solving

In preparing for tutorials, you will be asked to read, analyse and synthesize a number of
cases. You will also be asked to use that knowledge to support your answer to a number of
hypothetical, factual or “problem” scenarios. In preparing properly for tutorials, you will be
preparing properly for the end of term assessment.

3.1.Independent research/group work

In preparing for the coursework assignment, particular emphasis will be placed on

independent learning i.e., the ability to take initiative in the design (individualized approach
or plan of action) and research (external legal and non-legal sources) of the stated project.
The coursework in question is deliberately broadly drawn, and is designed to challenge you
in this regard.

Final Outcome

Assessment is by compulsory coursework examination (100%) (Including Internal and

External Assessment) by the Symbiosis International University, Pune.

3. LECTURES

A. Times and Attendance

Four lecture times have been set aside for this course for each division. Verify it from the
timetable assigned for each division. Lecture outlines, principally in the form of PowerPoint
slides, and relevant study/reading material will be made available in “The Library‟ on
“Curiosity‟ Portal at http://slshyd.curiositylive.com/ To facilitate your understanding of
these lectures, you should always read at least the relevant pages of suggested readings in
advance of each lecture. In Law of Contract learners must attend regular classes keeping
in view the two norms. (a) Everybody must carry their personal copy of the Bare Act(s). (b)
Everybody is supposed to come with a reading of the judgments of the cases mentioned in the
list of selected cases.

As per Symbiosis International University Regulations, please note, “Students are

expected to attend minimum 75% of all scheduled sessions and other forms of
instruction as defined by the programme of study.”

The student will not be eligible to appear for the examination if he / she fail to put in the
required attendance. The Students can update themselves of their attendance daily online in
“Attendance‟ on “Curiosity‟ Portal at http://slshyd.curiositylive.com/
B. Scheme and Structure [Law of Contract]

Sr. Topic Hours

No.
1 The Indian Contract Act, 1872 (40)
1.1 Brief History of the Indian Contract Act, 1872 (02)
1.2 Basic Concepts under the Act-Sec. 2 (02)
1.3 Provisions relating to essentials of valid proposal, acceptance, (05)
Communication and revocation of offers and acceptances
1.4 E- Contracts (02)
1.5 Consideration Ss.2 d, 25,23 (03)
1.6 Privity of contract and exceptions to the rule (01)
1.7 Kinds of agreements (01)
1.8 Essentials of contract -Section 10 (01)
1.9 Competence of parties and consequences of agreements entered (02)
into by a minor
1.10 Free consent – coercion, undue influence, fraud, (04)
misrepresentation, mistake fact and law
1.11 Unlawful consideration (01)
1.12 Void agreement – agreements in restraint of marriage, trade, (03)
legal proceedings, uncertain agreements, frustration of contracts.

1.13 Contingent contracts (01)

1.14 Performance of Contract – Offer/Tender of performance and (03)
essentials of a valid tender, by whom contracts should be performed,
time and place of performance, Contracts which need not be
performed, anticipatory breach of contract, Clayton‟s rule
1.15 Discharge of contracts (02)
1.16 Quasi Contracts or certain relations resembling those created by (02)
contract
1 .17 Breach of contracts and effects of breach (02)
1.18 Liquidated damages and penalty (02)
1.19 Standard forms of Contract (01)
2 The Specific Relief Act, 1963 (05)
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
Skill developing exercise – Drafting a contract
List of Cases

3 Tutorials 05
 4 Self Learning including projects, presentations, moot courts, 10
simulation, exercises, film review, news review, field visit, experiential
learning, guest lectures
Total 60

C. Lecture Outline:

Lecture-1 Teaching Plan: Discussion and Deliberation

Topic 1. Introduction to Law of Contract

Syllabus Preview, Underlying principles and philosophy in

Law of Contract
Week – 01:
Topic 2. Brief History of the Indian Contract Act
Lecture-2
History of Law of Contract in India, Preamble and
Preliminary of Indian Contract Act, 1872

Lecture-3 Topic 3. Basic Concepts under the Indian contract Act

Definition of contract, Agreement.- Section-2 (b), What

agreements are contracts.-Section-10

Lecture-4 Topic 4. Provisions relating to essentials of valid

proposal, acceptance, communication and revocation

Proposal or offer. Sections – 2 (a,c), Communication of

Week – 02 proposal. Section – 3, Implied proposals. Section – 9,

Lecture-5 Communication when complete. Section – 4, Intention to

contract,

Lecture-6 General offers. Section – 8, Offer and invitation to treat.

Lecture-7 Topic 4. Provisions relating to essentials of valid

proposal, acceptance, communication and revocation
Week – 03
Acceptance, Definition. Section – 2(b), Communication of
acceptance. Section – 3/4,

Lecture-8 Acceptance by conduct. Sections – 8, 9, Mode of

Communication. Section – 7, Absolute and Unqualified.
Section – 7

Revocation, Lapse of offer. Sections – 6, 4, 5, Revocation of

Lecture-9 acceptance. Section – 5

Lecture-10 Topic 5. Standard form contract s

 General rule, Protective devices.
Week – 04
Lecture-11 Topic 7: Consideration. Definition. Section – 2 (d), 25,
23, Promissory estoppel, Privity of consideration, Past
consideration, Present consideration, Executor
consideration, Adequacy of consideration

Topic 7: Performance of existing duties, Exceptions to

Lecture-12 consideration. Section – 25

Lecture-13 Topic 8: Privity of contract

General Rule and Exceptions to the rule of privity.

Lecture-14 Topic 9: Capacity to contract. Section – 11

Week – 05
Minor, Effect of Minor’s agreement, Beneficial contracts,
Secti
Ratification. on – 25(b), Liability for necessaries.
Section – 68, Persons of unsound mind (English law,
Position in India. Section – 12)

Topic 10: Free consent. Section – 14

Lecture-15
Coercion. Section – 15

Lecture-16 Topic 10: Free Consent

Undue influence. Section – 16, Rescission. Section – 19A

Lecture-17 Topic 10: Free Consent

Week – 06:
Misrepresentation Sec. 18

Lecture-18 Topic 10: Free Consent

Fraud. Section – 17, Limits of rescission.- Section – 19 and

19-A, Mode of rescission.- Section 66, Restitution. Section –
64

Lecture-19 Topic 10: Free Consent

Conse
Mistake: nt.- Section – 13, Mistake defined.-
Section – 20, Effect of mistake as to law.- Section 21,
Week – 07:
Mistake of fact.- Section – 22, Mistake as to identity,
t
Mistake as subject
o matter, Mistake as to nature of
promise, Limitations

Lecture-20 Topic 11: Unlawful agreements.

Lawful object.
Section – 23,
Forbidden by
law, Defeat any
law, Fraudulent,
Injurious to
person or
 property,
Immoral

Lecture-21 Topic 12: Void agreement.

Definition. Section – 2(g), Agreements of which

consideration and objects are unlawful in part. Section – 24,
Agreement in restraint of marriage. Section – 26,
Agreement in restraint of trade. Section – 27

Lecture-22 Topic 12: Void agreement.

Agreement in restraint of legal proceedings. Section – 28,

Unmeaning agreements. Section – 29, Wagering
agreements. Section – 30, 294-A (IPC)
Week – 08:
Lecture-23 Topic 13: Contingent contracts.- Section – 31 – 36,
Definition.- Section – 31, Performance on happening of an
event Section – 32, Performance on non-happening of the
event- Section – 33,

Topic 13: Contingent contracts.- Events linked with

Lecture-24 human conduct.- Section – 34, Void on contingent.- Section
– 35, Contingent on impossible events, void. Section – 36

Lecture-25 Topic 14: Performance of contracts.-

General rule. Section – 37, Offer of performance. Section –

38, By whom contracts must be performed. Section – 40 and
41, Performance of joint promises. Section –42 – 45, Time
and place of performance. Section – 46 – 50

Topic 14: Performance of contracts.-

Week – 09: Lecture-26
Performance of reciprocal promises. Section – 51 – 54,
Promises comprising legal and illegal parts. Section – 57 and
58, Time for performance. Section – 55

Topic 14: Performance of contracts.-

Lecture-27
Impossibility of performance and frustration. Section – 56,
General principles of judicial non-performance, Frustration,
Commercial hardship, Specific grounds of frustration,
Theories of frustration, Effects of frustration

Lecture-28 Topic 14: Performance of contracts.-

Appropriation of payments. Section: 59 – 61, Assignment of

Week – 10: contracts. Section – 37, Clayton’s Rule

Topic 15: Discharge of contracts

Lecture-29
Contracts which need not be performed. Section – 62 and
67

Remission of performance. Section – 63, Accord and

satisfaction. Section – 62 and 63
 Topic 16: Quasi contracts or certain relations
Lecture-30 resembling those created by contract

Rational behind Quasi Contracts; Payment by interested

person S. 69

Lecture-31 Topic 16: Quasi contracts or certain relations

resembling those created by contract

Liability to pay for non-gratuitous acts.- Section – 70, -

Finder of the goods.- Section – 71, Mistake or coercion.-
Section – 72, and ‘Quantum Meruit’
Week – 11:
Topic 17: Breach of contracts and effects of breach
Lecture-32
Anticipatory breach. Section – 39

Topic 18: Damages for breach

Lecture-33
Remoteness of damage. Section – 73, Measure of damages

Lecture-34 Topic 18: Damages for breach,

Liquidated damages and penalty.- Section – 74,

English Law, Indian law.- Section – 74, Jurisdiction.-

Section – 75

Week – 12: Topic 6: E-Contract

Lecture-35
Essentials of an electronic contract, Relevant IT Act
provisions, Shrink wrap and click wrap contracts

Lecture-36 Topic 6: E-Contract

Contract 1 – Email service agreement, Contract 2 – Domain

purchase agreement, Contract 3 – Online share trading
agreement, Contract 4 – Online shopping agreement

Lecture-37 Topic 19. Introduction to Specific Relief Act

Syllabus Preview, Underlying principles and philosophy of

Law of Specific Relief

Topic 20. Brief History of Specific Relief Act

Week – 13:
Lecture-38
History of Specific Relief Act, Preamble and Preliminary
portion of the Act.

Topic 21. Specific Performance of Contracts

Lecture-39
Defenses S. 9, Cases in which specific performance of
contract enforceable S. 10. Contract not
specifically
enforceable S.14
 Lecture-40 Topic 21: Specific Performance of Contracts: Who may
obtain specific performance S.15, Personal bars to relief Sec.
16, discretion as to decreeing specific performance S.20

Lecture-41 Topic 21: Specific Performance of Contracts: Power to

award compensation in certain cases S.21, Power to grant
Week – 14:
relief for possession, partition, refund or earnest money
S.22, Liquidation of damages not a bar to specific
performance S.23, Bar of Suit S.24

Lecture-42 Topic 22. Rectification of Instruments

When instrument may be rectified S.26, When rescission

may be adjudged or refused S.27

Lecture-43 Topic 23. Injunctions

Preventive relief S. 36, Temporary and perpetual injunctions

S.37
Week – :15
Topic 23. Injunctions
Lecture-44
Perpetual injunction S.38,

Topic 23. Injunctions

Lecture-45
Mandatory injunction S.39,

Lecture-46 Topic 23. Injunctions

Damages S.40
Week – 16:

Lecture-47 Injunctions practice

Lecture-48 Injunctions practice

4. READING AND MATERIALS

A. Textbook

Law of Contract -Suggested Readings:

1. Treitel, The Law of Contract 12th Ed. 2007 Edwin Peel, Sweet & Maxwell
2. Pollock & Mulla: Mulla Indian Contract And Specific Relief Acts (Vol 1 & 2),
LexisNexis Butterworth Wadhwa, Nagpur (2011)
3. Arthur Linton Corbin, Joseph M. Perillo, Corbin on Contracts, Lexis-Nexis Butterworth
 Publisher
4. Beatson J., Anson's Law of Contract, 28th Edition, Oxford University Press (2002)
5. M.P.Furmston, Cheshire, Fifoot and Furmston‟s Law of Contract (15th ed., 2007)
6. Singh, Avtar, Law of Contract, Eastern Book Company, Lucknow (2009)
7. Pollock & Mulla: Mulla Indian Contract And Specific Relief Acts (Vol 1 & 2), Anirudh
Wadhwa, 13th Edition, LexisNexis Butterworth Wadhwa, Nagpur (2011)
8. Iyer T. S. Venkatesa, Law of Contracts and Tenders, S. Gogia & Co. (2010)
9. H.K. Saharay, Dutt on Contract – The Indian Contract Act, 1872 (10th ed., 2010)
10. Soni, Ashok, Universal‟s Digest of Cases on Law of Contract, Universal Law Publishing
Co. Pvt. Ltd.
11. Burrows, Andrew, A Casebook on Contract, Hart Publishing, Oxford and Portland,
Oregon, 2007.

Specific Relief Act - Suggested Readings:

1. Sarkar on Specific Relief Act, Lexis-Nexis Butterworth Publisher, Ed.2007

2. Pollock and Mulla: Mulla Indian Contract And Specific Relief Acts (Vol. 1 and 2)
3. Commentary on The Specific Relief Act, 1963, 11th Edn., Single Vol. R/P by Anand,
Iyer, Pub.: Delhi Law House
4. Law Relating to Specific Relief Act, by K. Mani

B. Prescribed Legislations (Law of Contract & Specific Relief Act)

1. Constitution of India, 1950

2. The Indian Contract Act, 1872
3. The Specific Relief Act, 1963
4. The Indian Majority Act, 1875
5. Information Technology Act, 2000
6. The Indian Penal Code, 1860
7. The Indian Evidence Act, 1872
8. The Code of Civil Procedure, 1908
9. Indian Limitation Act, 1908
10. Negotiable instruments Act, 1889
11. Sale of goods act, 1930
12. Transfer of property act, 1887

Note:
The above list is indicative and not exhaustive.
Earlier editions of a number of the above texts might also be available and can be
consulted once account is taken of their datedness, particularly as to applicable case law.

These text were selected because they provide in one volume a combination of text, cases and
materials, designed to be read as a whole i.e., a “one-stop shop”. Nevertheless, the text
provides the basic reading for the course only. There is much more to the Tort law than this,
and you will undoubtedly benefit from undertaking some reading and study of your own. It is
creditable if you, in respect of the proper use of independent research and study, follow up in
the Law Library some of the case references, periodical articles or other material referred to
in the prime textbook or in class – or even to do some research of your own. A good resource
to use is the Law of Contract section of Symbiosis Law Library

and online databases such as Westlaw International and LexisNexis available on campus
network. Further, I will make available articles by eminent scholars in this field to be issued
from the Library (suggestive list will be provided at the time of teaching). If Copyright
policy of the publisher of those articles permits, I will make the soft copy of the articles will
be made available in „Library‟ at curiosity.symlaw.edu.in.

For supplementary reading, you could, for instance, begin by consulting the relevant sections
of the “alternative” texts placed on loan in the law library. Thereafter you could engage in
your own research, with particular reference to journals on online databases including SCC
Online, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest,

Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer Competition),

Ebrary, Emerald and EBSCO.

C. Alternative Texts (If available in library)*

1. A.K.Sen and I.K.Mitra, Commercial and Industrial Law, 9th ed., 1970.
2. A.C.Dutt, The Indian Contract Act, 4th ed. By B.C.Mitra, 1969.
3. Burrows Andrew, A Casebook on Contract, IInd Edition, Ist Indian Reprint (2010)

D. List of Important Cases

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:-

1. Carlill v. Carbolic Smoke Ball Co. (1891-4) All ER Rep.127

2. Pharmaceutical Society of Great Britain v. Boots Cash Chemist (Southern) Ltd. (1952) 2
All ER Rep. 456
3. Balfour v. Balfour (1918-19) All ER 860 (CA)
4. Lalman Shukla v. Gauri Datt (1913) XL ALJR 489 (All.)
5. Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas & Co., AIR 1966
SC 543
6. Harvey v. Facey (1893) AC 552
7. Felthouse v.Bindley (1862) 11 CB 869

Making of an Agreement – Special Situations, Tenders and Auctions - Indian Contract Act,
1872, Sections 2 – 10:-

8. Union of India v. Maddala Thathiah, AIR 1966 SC 1724

9. Rajendra Kumar Verma v. State of M.P., AIR 1972 MP 131
10. Kanhaiya Lal Aggarwal v. Union of India, AIR 2002 SC 2766
11. Haridwar Singh v. Bagun Sumbrui (1973) 3 SCC 889
12. Indian Airlines Corporation v. Sm. Madhuri Chowdhuri, AIR 1965 Cal. 252

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. Kedarnath Bhattacharji v. Gorie Mahomed (1886) 7 I.D. 64 (Cal.)

14. Doraswami Iyer v. Arunachala Ayyar (1935) 43 LW 259 (Mad.)
15. Abdul Aziz v. Masum Ali, AIR 1914 All. 22
16. Venkata Chinnaya Rau v. Venkataramaya Garu (1881) 1 ID 137 (Mad.)
17. Nawab Khwaja Muhammad Khan v. Nawab Husaini Begam (1910) LR 37 I.A. 152

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. Mohori Bibee v. Dhurmodas Ghose (1903) 30 I.A. 114

19. Khan Gul v. Lakha Singh, AIR 1928 Lah. 609
20. Ajudhia Prasad v. Chandan Lal, AIR 1937 All. 610

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

Misrepresentation and Mistake; Effect on contracts influenced by any factor vitiating free
consent - Indian Contract Act, 1872, Sections 13 – 22:-

21. Raghunath Prasad v. Sarju Prasad (1923) 51 I.A. 101

22. Subhas Chandra Das Mushib v. Ganga Prasad Das Mushib,AIR 1967 SC 878
23. Lakshmi Amma v. T. Narayana Bhatta, 1970 (3) SCC 159
24. Tarsem Singh v. Sukhminder Singh (1998) 3 SCC 471

Limitations on Freedom of Contract: Circumstances in which agreements become void or

voidable, Distinction between void and voidable agreements; Unlawful Agreements; Public
policy; Agreements with unlawful consideration in part and objects; Agreements without
consideration; Agreements in restraint of marriage; Agreements in restraint of trade;
Agreements in restraint of legal proceedings; Ambiguous and uncertain agreements
& Wagering agreements -Indian Contract Act, 1872, Sections 23 – 30:-

25. Gherulal Parakh v. Mahadeodas Maiya, AIR 1959 SC 781

26. Niranjan Shankar Golikari v. Century Spinning & Manufacturing Co. Ltd., AIR 1967 SC
1098
27. Central Inland Water Transport Corpn. Ltd. v. Brojo Nath Ganguly (1986) 3 SCC 156
28. D.T.C. v. D.T.C. Mazdoor Congress, AIR 1991 SC 101
29. Bank of India v. O.P. Swarankar, AIR 2003 SC 858
30. Dhurandhar Prasad Singh v. Jai Prakash University, AIR 2001 SC 2552

Discharge of a Contract: Modes -Discharge by performance; Frustration; Supervening

impossibility of performance; Grounds of Frustration and its effect; Discharge by Agreement
and Novation – Indian Contract Act, 1872, Sections 37 – 67:-

31. Satyabrata Ghose v. Mugneeram Bangur & Co., AIR 1954 SC 44

32. M/s. Alopi Parshad & Sons Ltd. v. Union of India, AIR 1960 SC 588
33. Punj Sons Pvt. Ltd. v. Union of India, AIR 1986 Del. 158
34. Easun Engineering Co. Ltd. v. The Fertilizers & Chemicals Travancore Ltd., AIR 1991
Mad. 158

Remedies for Breach of Contract: (a) Damages; Types of Damages ; Basis of Assessment
of Damages; Remoteness of Damages and Measures of Damages; Mitigation of Damages;
Penalty & Liquidated Damages – Indian Contract Act, 1872, Sections 73 – 74:-

35. Hadley v. Baxendale (1843-60) All ER Rep. 461

36. AKAS Jamal v. Moolla Dawood, Sons & Co. (1915) XX C.W.N. 105
37. Karsandas H. Thacker v. M/s. The Saran Engineering Co. Ltd., AIR 1965 SC 1981
38. Maula Bux v. Union of India, AIR 1970 SC 1955
39. Shri Hanuman Cotton Mills v. Tata Air Craft Ltd., 1969 (3) SCC 522
40. Ghaziabad Development Authority v. Union of India, AIR 2000 SC 2003
41. Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd. (2003) 4 SCALE 92

Quasi – Contracts: Obligations resembling those created by Contract (Quasi – Contracts):

Concept and classification - Indian Contract Act, 1872, Sections 68 – 72:-
42. State of West Bengal v. B.K. Mondal & Sons, AIR 1962 SC 779

5. ASSESSMENT: COURSEWORK = 100%

You will be examined in this course by Internal (40%) and External Assessment (60%)
format. Internal examination will be conducted for 40 marks. It will include two tutorials (10
marks each.) and a Contract Drafting Assignment (20 marks). The Symbiosis International
University will conduct external written examination for 60 marks at the end of semester. It
consists of ten objectives (2 mark each = 20 marks) and 4 subjective/cases and open
problems/questions (10 marks each = 40 marks).

6. TUTORIAL/PROJECT

A. Tutorial/Project Timetable

There will be two tutorials. First Tutorial will be „Problem Solving‟ and the Second
Tutorial shall be „Cross-Word Puzzle‟. Each tutorial will CARRY 10 marks each (Total=20
marks). Each student will attempt it on all the occasion. One Contract Drafting Assignment
will be undertaken by learners which will be evaluated out of 20 marks i.e. Written
Submissions: 20 marks. The drafting exercise shall be undertaken by students further
to the instructions of the faculty member teaching this course. This exercise will be
administered to the students further to a workshop on „commercial Contract drafting.‟

The timetable of the Internal Assessment is as follows:

TUTORIAL DATE PARTICULARS

TEST RESULT
First Tutorial 13/02/2017 23/02/2017 „Problem Solving‟
Second Tutorial 20/03/2017 30/03/2017 „Cross-word Puzzle‟
Project (Drafting Assignment Does 06/03/2017 16/03/2017 „Drafting Assignment‟
not Require Interim Submission)

B. Tutorials and Problem Solving

The tutorials will give you an opportunity for assessing your learning of Law of Contract and
Specific Relief. It should be obvious that the better you are prepared to take part in such test,
the more you will learn from it and excel in both examination as well as understanding of
Law of Contract. Tutorials also provide you with an opportunity to develop written skills of
problem solving and reasoned argument. Lack of preparation and a fortiori non-attendance –
will mean that you will fail to make the most of the learning opportunities provided by these
tutorials.

Tutorial – Cross Word Puzzle:

Students are asked to pay particular attention to the technique of the dealing with Law of
Contract problems because the principal focus of each tutorial will be on problem solving and
recent situations on Law of Contract & Specific Relief. The cross word puzzle would try and
understand in-depth understanding a student has in the respective domain. Syllabus for the
same shall be shared by the faculty well in advance.

C. Research Project: Drafting Exercise

Research project, which is in the form of drafting exercise, is aimed at improving the writing,
research, communication, and other skills to make students learning academically more
challenging and rigorous than standard lecture and test format courses. It also aims at
promoting scholarship in this significant field of law, which has gained much momentum in
practice but often lacks solid theoretical underpinnings due to lack or inadequacy of statutory
provisions. This drafting exercise will enable you to develop strength to strength in the
related domain. A well designed workshop on drafting exercise will open avenues and teach
you intricacies involved in the tackling complicated commercial transactions.

Guidelines for submission of the Drafting exercise will be well explained in the
workshop. At the same time, facts based on which „A full-fledged Contract to be
drafted‟ will be shared in the last session of the workshop, with small clarification and
for doubts to be cleared.

Kindly note that, there is no interim submission for drafting exercise.

7. ADMINISTRATIVE ARRANGEMENTS

The course chief faculty for Law of Contract is abhijit.vasmatkar@slsh.edu.in In case you
face any problem in dealing with the subject, feel free to see me. Notices relating to the
course will be posted online on http://slshyd.curiositylive.com/

8. OFFICE HOURS AND CONTACT INFORMATION

If few doubts remain, please contact Mr. Abhijit D Vasmatkar via their respective e-mail:
abhijit.vasmatkar@slsh.edu.in I would strongly recommend that you should not call while at
home. Please do speak up during the class! I want each of you to glean as much from these
readings and our discussions as possible. That‟s why I am not relying on the traditional
method of teaching and testing. I welcome your questions and your comments.

Kindly Note: Formats for Drafting Exercise would be explained well before submission of
the project.
@@@