Law of Contracts II: First Semister - 3 Years Ll.B. Fifth Semister - 5 Years LL.B
Law of Contracts II: First Semister - 3 Years Ll.B. Fifth Semister - 5 Years LL.B
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Paper-I: CONTRACTS-I
General principles of law of contract:
Unit 1: History and nature of contractual obligations-writs of Debt, Covenant and account-actions on
the case and on assumptionist consideration-moral basis for contractual obligations subjective and
objective theories sanctity of contracts.
Unit 2. Agreement and contract definitions, elements and different kinds.
Unit3: Proposal and Acceptance: Their various forms -Essential elements, communication and
revocation-proposal and invitations for proposal-floating offers-tenders-dumping of goods.
Unit 4Consideration:
Nudum pactum-its need, meaning, kinds, essential elements- privity of
Contact and considerations-its exception adequacy of consideration-present, past and adequate
consideration, unlawful consideration and its effects-views of law commission of India on
consideration-evaluation of the doctrine of consideration.
Unit 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.
Unit 6: Free consent; Its need and dentition-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-
paradarhanash 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 suppressio veri-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?.
Unit 7: Legaliry of Objects
7.1 Void agreements-;awful 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 exceptions
7.3.5 Uncertain agreements
7.3.6 Wagering agreements-its exceptions
Unit 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.
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Principles in concrete cases of damage arising out of industrial activity. (The Bhopal Disaster,
Delem, Gas Escape. Machua Dam Burst. M.C. Mehta sace, Nuclear Installations and their haxards).
12.2 Defences
12 3 Liability under Motor Vehicle Act, Railway Act etc.
Unit 13: Nuisance
13. 1 Definition. Essentials. Types
13.2 Acts which constitute nuisance-obstructions of highways, pollution of air. water, noise,
interference with light and air.
Unit 14: Legal Remedies:
14.1.1 Legal remedies
14.1.2 Award of dam ages-simple, special, punitive
14.1.3 Remoteness of damages-forcseability and directness tests
14.1.4 Injunction
14.1.5 Specific restitution of property
14.1.6 Extra-legal remedies-self help, re-entry inland, recapture of goods, distress damage feasant
abetment to nuisance
Unit 15: Judicial process in Tort
15.1 Dilatoriness
15.2 Complicated rules of procedures and evidence
15.3 Experts in trial process, reports of testing labs
15.4 Court fees, problems of access
Unit 16: Common Law and the Consumer:
16.1 duty to take care and liability for negligence: Manufacturers and traders and providers of
services such as lawyers, doctors and other professionals
16.2 Caveat emptor and Caveat Venditor
16.3 Deceit and false advertisement
16.4 Liability for hazardous and inherently dangerous industrial activity.
16.5 Product liability-EEC directives
16.6 Right to common property resources-right to pass and repass on pathways
Unit 17: Consumer Protection Act, 1986
3.9 Critical problems of Indian Federalism. Sarkaria Commission-Greater Autonomy vs. Central
Control. One party domination. Emergence of Political Federalism. Growth of Regional
Parties.
Unit 4: constitutional process of adaptation and alteration:
4.1 Methods of Constitutional Amendments-Written-Unwritten, Rigid-flexible Constitutions.
Provisions which can be amended by ordinary procedure-Special procedure. Review of
Constitutional Amendments.
4.2 Limitations upon Constitutional amendments Shankari Prasa4, Sajjari Singh.
43 Golaknath Vs Punjab-Why should federal Rights be immune from the process of
Constitutional Amendment.
4.4 Basic structure doctrine as a limitalicm-Kesavanand Bharathi.
4.5 Development of the Basic Structure Doctrine-Constituent Power of the Supreme Court.
Vaman Rao Vs Minerva Mills.
4.6 Indira Gandhi Vs Raj Narain; Judicial Consensus on
Basic Structure Doctrine
-4.7 Legislative and Judicial Attempts to bury the Basic Structure Doctrine; Legitimation of the
Basic
Structure Doctrine. Special Bench to Reconsider the Basic Structure Issue. Forty-second
Constitutional Amendment. Forty-fourth Constitutional Amendment.
4.8 Minerva Mills and subsequent developments of the Basic Structure Doctrine- Responsibility
of the
Court; Activism Vs Restraint
Unit 5: secularism:
5.1 Concept of Secularism-Indian Constitutional Provisions Historical perspective of
Indian
Secularism.
5.2 Religion and State-in India-state control and non interference with Religion. Concept of
Secularism; American Model-Separation of State-Church-Is it relevant to India Tradition in India-
Equal respect for all Minority-
5.3 Minority Rights Why? Scope-Meaning of Minority.
5.4 Minority Rights 1o Educational Institutions,
Unit 6; equality and social justice:
6.1 Equality before the law and equal protection of laws-meaning constitutional Provisions-Total
Conspectus-Art. 14,15, 17, 29(2), 325.
6.2 Classification for Differential Treatment.
6.3 Gender Justice. Art. Nos. 15(1), (2), (3), 16,29(2).
6.4 Administrative discretion and Equality.
6.5 Compensatory Discrimination for Backward Classcs/SC & ST.
Unit 7:freedoms and social control:
7.1 Freedom of Speech and Expression,
7.2 Freedom of the Press.
7.3 Freedom of Speech and Contempt of Court.
7.4 Freedom of Assembly.
7.5 Freedom of Association
-7.6 Freedom of Movement-
7.7 Freedom of Reside and Settle.
7.8 Freedom of Profession/Business, etc.,
7.9 Property and Social Control 1950 to 1978. 7,10 Property and Social Control-After 1978.
Unit 8: personal liberty:
8.1 Rights of an accused-Double jeopardy
8.2 Rights against self incrimination
8.3 Rights against Retroactive Punishment
8.4 Rights to life and Personal Liberty-Meaning of Art. 21 Gopalan case.
8.5 "Personal Liberty"-meaning of -Maneka Gandhi, Sunil Batra, etc..
8.6 procedure established by law-Gopalan, Kharak Singh.
8.7 Procedure established by law-Due process-Maneka Gandhi & after
8.8 Preventive Detention-Constitutional Policy Art. 22
8.9 Preventive Detention-Safeguards under the constitution.
Unit 9: fundamental rights and directive principles'
9.1 Directive Principles-Reasons for in corporation.
9.2 Directive Principles-Directions of social change-A new social order.
9.3 Fundamental Rights and directive Principles-Inter relationship-Judicial balancing.
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