Law of Contract 1872

Below Article explains all details about the Law of Contract 1872 practised in India.

1. History and nature of contractual obligations-writs of debt, covenant and account actions on the case and on assumptions consideration-moral basis for contractual obligations subjective and objective theories sanctity of contracts.

2. Agreement and contract definitions, elements and different kinds.

3. Proposal and acceptance: Their various forms-essential elements, communication and revocation-proposal and invitations for proposal-floating offers-tenders dumping of goods.

4. Consideration. Nudum pactum-its need, meaning, kinds, essential elements-privity of contact and considerations-its exception adequacy of consideration present, pastand adequate consideration, unlawful consideration and its effects views of law commission of India on consideration-evaluation of the doctrine of consideration

5. Capacity to contract: Meaning-incapacity arising out of status and mental defect
minor’s agreements-definition of “minor”-accessories supplied to a minor agreements beneficial and detrimental to a minor affirmation-ratification in cases by a person of an agreement made by him while he was a minor-agreements and estoppels-evaluation of the law relating to minors agreements-other illustrations of incapacity to contract.

6. Free consent: Its need and definition-factors vitiating free consent
6.1. Coercion-definition-factors elements-duress and coercion-various illustrations of
coercion- doctrine of economic duress-effect of coercion-evaluation of Sec.15.
6.2. Undue influence-definition-essential elements-between which influence independent advice-para darhanash in women-unconscionable bargains effect of undue influence.
6.3. Misrepresentation-definition-misrepresentation of law and of fact-their effects and Illustrations
6.4. Fraud-definition-essential elements-suggestion-false suppressioveri-when does silence amounts to fraud? Active concealment of truth importance of intention.
6.5. Mistake-definition-kinds-fundamental error-mistake of law and of fact-their
effects-when does a mistake vitiate free consent and when does it not vitiate from
consent?.

7. Legality of objects
7.1. Void agreements-lawful and unlawful consideration and objects Void, Voidable,
Illegal and unlawful agreements and their effects.
7.2. Unlawful considerations and objects
7.2.1. Forbidden by law
7.2.2. Defeating the provision of any law
7.2.3. Fraudulent
7.2.4. Injurious to person or property
7.2.5. Immoral
7.2.6. Against public policy
7.3. Agreements without consideration
7.3.1. Agreements without consideration
7.3.2. Agreements in restraint of marriage
7.3.3. Agreements in restraint of trade-its exceptions-sale of good will, sec.11
restrictions, under the partnership act, trade combinations exclusive dealing
agreements, restraints on employees under agreements of service.
7.3.4. Agreements in restraint of legal proceedings-its exception
7.3.5. Uncertain agreement
7.3.6. Wagering agreements-its exceptions

8. Discharge of a contract and its various moods:
8.1. By performance-conditions of valid tender of performance-how? By whom?
Where? When- in what manner? Performance of reciprocal promises- time essence of
contract.
8.2. By breach-anticipatory breach and present breach.
8.3. Impossibility of performance-specific grounds of frustration-application to leasestheories
of frustration-effect of frustration-frustration and restitution.
8.4. By period of limitation.
8.5. By agreement recession and alteration-their effect-remission and waiver of
performance extension of time-accord and satisfaction.

9. Quasi contracts or certain relations resembling those created by contract.

10.Remedies in contractual relations.
10.1. Damages-kinds-remoteness of damages ascertainment of damages.
10.2. Injunction-when granted and when refused-why?
10.3. Refund and restitution
10.4. Specific performance-why? When?
10.5. Specific performance of contracts under Specific Relief Act 1969
10.6. Recession of contracts
10.7. Cancellation of instruments
10.8. Declaratory decrees
10.9. Preventive relive

You can find other deatils about law of contracts in Coimbatore Lawyers site.

Law of contract 1872 - Special Contracts

1. Indemnity and guarantee:
1.1. Indemnity and guarantee (Sec. 134, 127) Indian Contract Act 1872
1.2. Contract of indemnity
A.Definition
B.Rights of indemnity holder
C.Liability of indemnifier.
1.3. Contract of guarantee
A.Definition
B.Essential characteristics of contract of guarantee
C.Distinction between contract of indemnity and contract of guarantee
D.Kinds of guarantee
E.Rights and liabilities of surety
F. Discharge of surety
G. Contract of Bailment and (Sec. 148-181 of Indian Contract Act 1872).

2. Bailment
2.1. Definition
2.2. Essential requisites of bailment
2.3. Kinds of bailment
2.4. Rights and duties of bailor and bailee
2.5. Termination of bailment
2.6. Pledge
A.Definition
B.Rights and duties of pawnor and pawnee
C.Pledge by Non Owners.

3. Contract of Agency (Sec. 182-238 of the Indian Contract Act 1872)
3.1. Definition of agent
3.2. Creation of agency
3.3. Rights and Duties of agent
3.4. Delegation of authority
3.5. Personal liability of agent
3.6. Relations of principal with third parties
3.7. Termination of agency.

4. Contract of sale of goods (The Indian Sale of Goods Act 1930).
4.1. Formation of Contract
4.2. Subject matter of Contract of Sale
4.3. Conditions and Warrantees
4.4. Express and Implied conditions and Warranties
4.5. Caveat Emptor
4.6. Property, Possession and Risk
4.7. Passing of Property
4.8. Sale of non-owners
4.9. Delivery of goods
4.10. Rights and duties of seller and buyer before and after sale.
4.11. Rights of unpaid seller.

5. Contracts of partnership (The Indian Partnership Act,1932).
5.1. Definition and nature of Partnership in Companies Act 2013
5.2. Formation of Partnership
5.3. Test of Partnership
5.4. Partnership and other Associations
5.5. Registration of Firms
5.6. Effect of non-registration
5.7. Relation of Partners
5.8. Rights and Duties of Partners
5.9. Properties of the Firm
5.10. Relation of Partners to third parties
5.11. Implied authority of a partner
5.12. Kinds of Partners
5.13. Minor as Partners
5.14. Reconstitution of a Firm
5.15. Dissolution of firm.

6. Negotiable Instruments Act, 1881