Course Plan - Law of Contract - I - B.B.A., LL.B., 2016 PDF

Format No. QSP/7.1/01.
F01 (C)
IssueNo.04 Rev. No 4 Dated: June 7, 2014
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

College of Legal Studies
Dehradun
COURSE PLAN
Programme :
B. B. A., LL.B. (Hons.) Corporate Laws, Section A & B
Course
Law of Contract-I
Semester
Session
July to Dec., 2016
Batch
2016 -21
Subject Code :
LLBL101
No. of credits :
04
Prepared by :
Dr. Sujata Bali
Email
sbali@ddn.upes.ac.in
Approved By
_______________________
HOD
UPES Campus
Energy Acres
P.O. Bidholi, Via Prem Nagar
Dehradun -248 007 (U K)
_______________________
Dean
Tel : +91-135-2770137
Fax : +91 135- 27760904
Website : www.upes.ac.in
COURSE PLAN
Subject:
Law of Contract- I
Programme: B. B. A, LL. B. (Hons.)

(Corporate Laws), Section A & B
Duration:
July- December, 2016
Subject code: LLBL101
A. OBJECTIVES
Law of contract being the pillar of the legal structure of modern society, the fundamental goal of
study is to make the students imbibe the principles underlying the legal postulates and propositions
of all contracts.
B. COURSE OUTCOME
At the end of the course, the students shall be able to understand the nuances of law of
contract and visualize its importance as the basis of all contracts generally and commercial contracts
specifically.
C. COURSE OUTLINE
Module 1: Introduction
a) Historical development of law of contract in England and India
b) Writ of covenant, debt, and obligation
c) Agreement under seal, penal bonds, origin of assumpsit
d) Misfeasance, malfeasance and nonfeasance
e) Development of consideration as the functional basis of transaction
f) Consensus-ad-idem, free consent versus fair consent, freedom of contract
g) Definition and Classification of Contracts
Module 2: Formation of Contract
a) Offer and acceptance
b) Basic requirement of a promise and a set of promises
c) Social agreement- intention to create legal relationship various rules of offer and
acceptance
d) Invitation to offer (intention, information and invitation) to be distinguished from offer
e) Various mercantile and trade practices in offer and acceptances price list, menu chart,
tender, quotation, auction, conditionality to be distinguished from the offer
f) Communication of offer, acceptance and revocation to be completed postal
communication rules distinction between British law and Indian Law
g) Standard form of contract and electronic contract
Module 3: Consideration
a) Meaning and need of consideration
b) Essentials of consideration
c) Doctrine of privity of contract and consideration
d) Exceptions to privity rule
e) Performance of existing duties
f) Adequacy of consideration
g) Kinds and exceptions to consideration
h) Promissory Estoppel
Module 4: Competence to enter into contract
a) Incapacity of person in law
b) Minority
c) Unsoundness of mind
d) Insolvency etc.
Module 5: Vires in an agreement for avoiding agreement
a) Coercion- definitionessential elements- duress and coercionvarious illustrations of
coerciondoctrine of economic duress- effect of coercion, exterritorial jurisdiction, burden of
proof
b) Undue Influence- definitionessential elements- between which parties can it exist? Who is
to prove it? Illustrations of undue influenceindependent advice- pardanashin women- effect
of undue influence
c) Misrepresentation definition - misrepresentation of law and of fact- their effects and
illustration
d) Fraud definition - essential elements - suggestio falsi-suppresio veri - when does silence
amounts to fraud? Active- concealment of truth - importance of intention
Module 6: Agreement void ab initio
a) Mistake definition - kindsfundamental error - mistake of law and of fact their effects
when does a mistake vitiate free consent and when does it not vitiate free consent?
b) Legality of objects: Void agreements - lawful and unlawful considerations, and objects unlawful considerations and objects: forbidden by law, defeating the provision of any law,
fraudulent, injurious to person or property, immoral agreements, agreements against public
policy
c) Other void agreements:
i.
Agreements without consideration when valid
ii.
Agreements in restraint of marriage-its exceptions
iii.
Agreements in restraint of trade- its exceptions- sale of goodwill, restrictions, under
the Partnership Act, trade combinations, exclusive dealing agreements, restraints on
employees under agreements of service
iv.
Uncertain agreements
v.
Wagering agreement its exception, gambling, market game rule
vi.
Illegal and void agreements
Module 7: Discharge of Contract
a) Discharge by performance:
Conditional and Contingent contract, classification of terms and entire contracts,
contingent condition, promissory conditions, when contingent contracts become void, rules
of performance including joint promisor, joint promisee, time and place of performance,
condition precedent and condition subsequent part performance
b) Discharge by performance:
Novation, alteration and recession
c) Discharge by impossibility of performance:
Doctrine of frustration, conditions, force majeure clause in an Agreement part performance

before the impossibility status quo position, what it means- specific grounds of frustration
d) Discharge by breach:
Meaning, kinds of breach, Actual and anticipatory breach, constructive breach, law of
limitation and breach
Module 08: Remedies
Remedies in case of breach of contract
Remedies under sections 73, 74, 75,
Damages: measure of damages, remoteness of damages,
Special power of Indian judiciary to award fair and just damages and not liquidated damages
Equitable remedy through Injunction- temporary and permanent, specific performance of
contract -contract that can be specifically enforced, persons against whom specific
enforcement can be ordered
Module 09: Nature of Agreement
Quasi Contract: meaning & nature, theory of unjust enrichmenttheory of implied-in-fact
contract- claim for necessaries supplied to incapable person (section 68), reimbursement of
person paying money due by another (section 69), obligation of person enjoying benefit of
non-gratuitous act (section 70), responsibility of finder of goods (section 71), liability of
person to whom money is paid, or thing is delivered by mistake or under coercion (section
72)
D. PEDAGOGY
Interactive approach during the study (students are supposed to come prepared for the
topics for discussion in the Class/ Presentations/ Viva-voce)
Work in small groups for Group Projects and personalized teaching
(Student counseling, tutoring, and individual/group projects/ assignments, exercises)
Chalk and talk
Random Questioning
Reflections
Lecture/Discussions
Term Paper/Project
Reading Groups
Viva Voce
Presentations (Paper/Project)
Case Analysis
Case Studies
E. COURSE COMPLETION PLAN
Sessions: 04 lectures of 1 hour each for a 04 credit course

Total hours per week: 04 hours per week
Toa no. of sessions: 48
F. EVALUATION & GRADING
Description
Weight age
Schedule
1. Continuous Assessment
30%
Detailed Below
2. Mid-term Exam
20%
Academic Calendar
3. End term Exam
50%
Academic Calendar
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description
Weight age
Schedule
1. Continuous Assessment
30%
Detailed Below
Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5
components:
S. no.
Particulars
Weightage
A
Two class tests/snap-test/quiz
20 Marks (02 X10 Marks)
B
Assignment
20 Marks
C
Project work
20 Marks (Abstract, Synopsis, final draft and presentation)
D
E
Subject grand viva

Attendance
20 Marks
20 Marks
Formula for attendance marks:

67-75 %
0 Marks
76-80%
5 Marks
81-85%
10 Marks
86-90%
15 Marks
91%-100%
20 Marks
Details of Internal Assessment:
a) Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand written, to be
submitted/ presented on a definite date. The assignment is attached with the course plan as
Annexure-I. It will have 20% weightage. Individual Viva-voce may be conducted on the assignment.
b) Projects/Presentations
i.
Every student will be assigned a project topic. (See Annexure II)
ii.
Every student would be expected to go through the primary/secondary data collection
and analysis/interpretation and finally prepare a Project Report of min. 10 pages and
max. 20 pages.
iii.
They are also required to make a presentation on that topic on a scheduled date (would
be communicated in the class).
iv.
v.
vi.
The duration of a presentation will be max. 10 minutes; comprising of 08 minutes

presentation followed by 02 minutes discussion/query session.
The project would carry 20% weightage in Internals.
In case, presentations are not possible, alternatively, viva-voce would be conducted.
c) Snap tests:
Two snap tests will be conducted, the schedule of which will be informed to the students a day before
each of the test. Each class test would be carrying 10% weightage. Therefore, class tests would carry
20% weightage i.e. 20 marks. It may contain multiple choice questions or short questions/key terms
covering modules as specified in the course plan and Research paper/ cases covered in the course
pack to ascertain whether the students could understand the basic concepts or not (max. 60 Minutes
each).
d) Subject Grand Viva voce

Viva-voce would be conducted for each student for 05 minutes for evaluating his/her subject
knowledge and practical learning in the class and questions may be based on the research papers/
cases / projects/ assignments etc.
e) Group discussions
Groups would be formed for case analysis and evaluation would be made on their presentation,
analytic skills and his/her participation as critique.
f)
Students are encouraged to review research papers and write/publish papers jointly with the
faculty.
(For more on distribution of marks for internal assessment, see Annexure-III)
(For Internal Assessment Schedule i.e. details of submission/test dates, see Annexure-IV)
2. Mid- Sem Examination: 20% Weightage

Mid- Sem examination shall be of two hour duration and shall be a combination of objective
questions, short theory questions and problem based questions.
3. End -Sem Examination: 50% Weightage
End-Sem examination shall be of three hours duration. The examination paper shall have
objective questions, short theory questions and problem based questions.
Passing Criterion: minimum 40% of the highest marks in the class

Student has to secure minimum 40% marks of the highest marks in the class scored by a
student in that subject (in that class/group class) individually in both the End-Semester
examination and Total Marks in order to pass in that paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less
than said percentage shall NOT be allowed to appear in the end semester examination. The
student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries/Laptops) are not permitted in classes during Tests
or the Mid/End examination. Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access the
LMS system regularly. Regularly, important information Date of conducting class tests, guest
lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The best way to
arrange meetings with us or ask specific questions is by email and prior appointment. All the
assignments preferably should be uploaded on LMS. Various research papers/reference material
will be mailed/uploaded on LMS time to time.
G. DETAILED SESSION PLAN

Topics
-
Historical development of law of

Contract England and India
Writ of covenant, debt, and

obligation
Agreement under seal, penal

bonds, origin of assumpsit
-
Misfeasance, malfeasance and

nonfeasance
Development of consideration as
Session
(no.)
Readings
1. Henry Sumner Maine, ANCIENT LAW

(London: John Murray, 1908), pp. 1-151,
270-325.
2. M A Sujan, CONCISE LAW OF
GOVERNMENT CONTRACTS, 1st ed.
(Delhi: Universal Law Publishing Co. Pvt.
Ltd., 1997), pp. 69-102.
3. R G Padia (Ed.), POLLOCK AND MULLA
INDIAN CONTRACT AND SPECIFIC RELIEF
ACTS, Vol. I, 13th ed. (New Delhi:
LexisNexis Butterworths, 2006), pp. 111.
1. Henry Sumner Maine, ANCIENT LAW

(London: John Murray, 1908), pp. 1-151,
270-325.
2. M A Sujan, CONCISE LAW OF
GOVERNMENT CONTRACTS, 1st ed.
(Delhi: Universal Law Publishing Co. Pvt.

Ltd., 1997), pp. 69-102.
the functional basis of transaction

-
Consensus-ad-idem, free consent

versus fair consent, freedom of
contract

LexisNexis Butterworths, 2006), pp. 111, 12-40, 43-45, 142-143, 144-148, 299366.
Definition and Classification of

Contracts
Offer and acceptance
Basic requirement of a promise and

a set of promises

LexisNexis Butterworths, 2006), pp. 4566, 248-297.
Social agreement- intention to

create legal relationship various
rules of offer and acceptance
2. Avtar Singh, LAW OF CONTRACT AND

SPECIFIC RELIEF, 10th ed. (Lucknow:
Eastern Book Company, 2008), pp. 1-17.
Cases:

-
Invitation to offer (intention,

information and invitation) to be
distinguished from offer
Various mercantile and trade

practices in offer and acceptances
price list, menu chart, tender,
quotation, auction, conditionality
to be distinguished from the offer
1. Lalman v. Gauri Datt, (1913) 11 All LJ

489.
2. Balfour v. Balfour, (1919) 2 KB 571.
3. Jones v. Padavatton, (1969) 2 All ER 616.
4. Roop Kumar v. Mohan Thedani, AIR
2003 SC 2418.
5. Dresser Rand S. A. v. Bindal Agro Chem.
Ltd., AIR 2006 SC 871.
LexisNexis Butterworths, 2006), pp.149248.
Eastern Book Company, 2008), pp. 1724.
Cases:
1. Weeks v. Tybald, (1605) 75 ER 982.
2. Carlilll v. Carbolic Smoke Ball Co., (1893)
1 QB 256.
3. Harvey v. Facey, (1893) AC 552.

-
Communication of offer and

acceptance to be completed
postal communication rules
distinction between British law and
Indian Law
4. Bank of India v. O P Swarankar, AIR 2003

SC 858.
Cases:

-
Revocation of offer and acceptance
1. Brodgen v. Metropolitan Railway Co.,

(1877) 2 App Cas 666 HL.
2. Entores Ltd. v. Miles Far East
Corporation, (1955) 2 All ER 493.
LexisNexis Butterworths, 2006), pp.4561, 148-247.
Eastern Book Company, 2008), pp.58-69.

-
Standard form of contract
1. Mallika Abidi and Shreya Aren,

Standard Form of Contracts, Sairam
Bhat (Ed.), LAW OF BUSINESS
CONTRACTS IN INDIA, 1st ed. (New Delhi:
SAGE Publications India Pvt Ltd, 2009),
pp. 182- 195 .
Cases:
1. Henderson v. Stevenson, (1875) 32 LT
709.
2. L Estrange v. Graucob Ltd., (1934) 2 KB
394.

-
Standard form of contract and

electronic contract
3. Curtis v. Chemical Cleaning & Dyeing

Co., (1951) 1 KB 805.
1. , Mallika Abidi and Shreya Aren,
Standard Form of Contracts, Sairam
Bhat (Ed.), LAW OF BUSINESS
CONTRACTS IN INDIA, 1st ed. (New Delhi:
SAGE Publications India Pvt Ltd, 2009),
pp. 182-195.
2. Abhishek Krishnan and Rakshithaa, EContracts, Sairam Bhat (Ed.), LAW OF
BUSINESS CONTRACTS IN INDIA, 1st ed.
(New Delhi: SAGE Publications India Pvt
Ltd, 2009), pp. 196-215.
Eastern Book Company, 2008), 85-99.
Cases:

-
Electronic contract
-
Meaning and need of consideration
Essentials of consideration
Doctrine of Privity of Contract and

Consideration
10
1. Tata Consultancy Services v. State of

Andhra Pradesh, [2005] 1 SCC 308.
2. MS Sprint RPG India v. Commissioner of
Customs- I, Delhi, AIR [2007] SC 749.
1. Abhishek Krishnan and Rakshithaa, EContracts, Sairam Bhat (Ed.), LAW OF
BUSINESS CONTRACTS IN INDIA, 1st ed.
(New Delhi: SAGE Publications India Pvt
Ltd, 2009), pp. 196-215.
Cases:
1. Kedar Nath v. Gorie Mohamed, 1886 ILR
14 Cal 16.
-
11
Exceptions to privity rule
2. Dutton v. Poole, 83 ER 523.

3. Tweedle v. Atkinson, 123 ER 762.
4. Khwaja Muhammad Khan v. Hussaini
Begum, (1910) 37 IA 152.
5. M C Chacko v. State Bank of Travancore,
(1969) 2 SCC 343.
-
Performance of existing duties
Adequacy of consideration
Kinds and exceptions to

consideration
12

Promissory Estoppel
Cases:
1.
2.
3.
4.
Module 4: Competence to enter into
contract
-
Incapacity of person in law
Minority
13
Stilk v. Myrick, 170 ER 1168.

In re Pinnel, (1602) 5 Co Rep 17A.
Foakes v. Beer, (1884) 9 App Cas 605.
Hughes v. Metropolitan Railway Co.,
(1877) 2 App Cas 439.
Cases:
Module 4: Competence to enter into

contract
-
Unsoundness of mind
Insolvency etc
14
1. Mohori Bibi v. Dharmodas Ghose,

(1903) 30 IA 114.
2. Leslie (R)Ltd. v. Sheill, (1914) 3 KB 607.
Cases:
Module 5: Vires in an agreement for

avoiding agreement
-
15
Coercion- definitionessential

elements- duress and coercionvarious illustrations of coerciondoctrine of economic duress- effect
of coercion, exterritorial
jurisdiction, burden of proof

Eastern Book Company, 2008), pp.176185.
Undue Influence- definitionessential elements- between which

parties can it exist? Who is to prove
it?

avoiding agreement
-
Illustrations of undue influenceindependent advice pardanashin

women- effect of undue influence
Misrepresentation definition
1. Campbell v. Hooper, (1855) 3 Sm 4 G

153.
16


avoiding agreement
-
17
Misrepresentation of law and of

fact- their effects and illustration

Cases:

avoiding agreement
-
18
Fraud definition - essential

elements - suggestio falsi-suppresio
veri - when does silence amounts to
fraud? active- concealment of truth
- importance of intention.
1. R. v. Kylsant, (1932) 1 KB 442.

Cases:

-
Mistake definition - kindsfundamental error - mistake of law

and of fact their effects
19
1. Derry v. Peek, (1889) 14 App Cas 337.

Cases:
1.
2.
3.
4.
5.
Smith v. Hughes, (1871) LR 6 QB 597.

Cundy v. Lindsay, 38 LT 573.
Lewis v. Averay, (1972) 1 QB 109.
Couturier v. Hastiei, 10 ER 1065.
Her Highness Maharani Shanti Devi P.
Gaikwad v. Savjibhai Hari bhai Patel,

-
20
When does a mistake vitiate free

consent and when does it not
vitiate free consent?
(2001) 5 SCC 101.


-
Legality of objects: void agreements

- lawful and unlawful
considerations, and objects
Unlawful considerations and

objects: forbidden by law, defeating
the provision of any law,
fraudulent, injurious to person or
property

-
Unlawful considerations and

objects: immoral agreements,
agreements against public policy
21

22

Cases:
1. Fender v. St. John Mildmay, (1938) AC 1.
2. D Nagaratnamba v. Kunuku Ramayya,
AIR 1968 SC 253.
3. Gherulal v. M. Maiya, (1959) 2 SCA 342.
4. Union Carbide Corporation v. Union of
India, AIR 1992 SC 248.
5. Central Inland Water Transport
Corporation v. B N Ganguly, AIR 1986 SC
1571.
23
Other void agreements:

-
Agreements without consideration

when valid
Agreements in restraint of
marriage-its exceptions

-

24

Agreements in restraint of trade- its
exceptions- sale of goodwill,
restrictions, under the Partnership
Act, trade combinations, exclusive
dealing agreements, restraints on
employees under agreements of
service

Cases:

-

Agreements in restraint of legal
proceedings
25
1. Madhub Chander v. Raj Coomar, (1874)

XIV Bengal Law Reports 76.
2. Nordenfelt v. Maxim Nordenfelt Guns
and Ammunition Co. Ltd., (1894) AC 535.
3. Kores Mfg. Co. Ltd. v. Kulok Mfg. Co.
Ltd., (1958) 2 All ER 65.
4. Percept D Mark (India) Pvt. Ltd v.
Zaheer Khan, AIR 2006 SC 3426.
Cases:
1. Coringa Oil Co. v. Koegler, (1876) 1 Cal
466.

-
Wagering agreement Its

exception, gambling, market game
rule
26
2. Guthyng v. Lynn, (1831) 2 B Ad 232.

3. May & Butcher v. R., (1934) 2 KB 17.
Cases:
Module 7: Discharge of contract
27
Discharge by performance
-
Conditional and contingent contrac

t, classification of terms and entire
contracts,
contingent condition, promissory c
onditions, when contingent
contracts become void

Rules of performance including

joint promisor, joint promise

Time and place of performance,
condition precedent and condition
subsequent part performance
1. Carlill v. Carbolic Smoke Ball Co., (1892)

2 QB 484.
2. Gherulal v. Mahadeo, (1959) 2 SCA 342.
3. Mistry Amar Singh v. Kulubya, (1963) All
ER 499.
Cases:
28
1. Frost v. Knight, 1872 LR 7 Exch 111.

2. Startup v. Macdonald, (1843) 64 RR
810.
LexisNexis Butterworths, 2006), pp.
1060- 1120.
Cases:
29
Discharge by Impossibility of
performance
-
Doctrine of frustration, conditions,

force majeure clause in an
agreement part performance
before the impossibility status
quo position, what it means
1. Nathulal v. Phoolchand, AIR 1970 SC

546.
2. China Cotton Exporters v. Behari Lal
Ramcharan Cotton Mills Ltd., AIR 1961
SC 1295.
1120- 1177.
Cases:
1.
2.
3.
4.

-
Specific grounds of frustration
30
Paradine v. Jane, 82 ER 897.

Taylor v. Caldwell, 122 ER 309.
Krell v. Henry, (1903) 2 KB 740 CA.
Satyabrata Ghose v. Mugneeram
Bangur & Co., AIR 1954 SC 44.
1177- 1204, 1205- 1208.
Cases:
1. Robinson v. Davison, (1871) LR 6 Exch
269.
2. Metropolitan Water Board v. Dick Kerr
& Co. Ltd., (1918) AC 119.
3. Crickelwood Property & Investment Trust
Ltd. v. Leightons Investment Trust Ltd.,
(1945) AC 221.
4. State of Madras v. Dunkerley & Co., AIR
1958 SC 560.

-
31
Specific grounds of frustration

1205-1208.
32
Discharge by impossibility of
performance
-
Appropriation of payment
Assignment of contract

Eastern Book Company, 2008), pp. 425431, 431-446.
Discharge by Agreement
-
Novation
Remission
Alteration
Cases:
33
Discharge by breach
-
Present and anticipatory breach,

constructive breach, law of
limitation and breach

-
Remedies in case of breach:

meaning, kinds of breach, remedies
for breach
Remedies under sections 73, 74, 75

1208-1222, 1222-1288.
1. Scarf v. Jardine, (1882) 7 App Cas 345.

2. M Sham Singh v. State of Mysore, AIR
1972 SC 2440.
3. Kalianna Gounder v. Palani Gounder,
(1970) 1 SCC 56.
Cases:
34
1. Hochester v. De La Tour, 118 ER 922.

2. Frost v. Knight, (1872) LR 7 Exch 111.
Cases:
1. Hadley v. Baxendale, (1854) 9 Ex 340.
2. Victoria Laundry (Windsor) Ltd. v.
3.
4.
5.
-
35
Damages: measure of damages,

remoteness of damages
1.
Newman Industries Ltd., (1949) 1 All ER

997.
Heron II, Koifos v. C Czarnikow Ltd.,
(1967) 3 All ER 686.
Madras Railway Co. v. Govinda Rau,
(1898) 21 Mad 172.
Murlidhar Chiranjilal v. Harishchandra
Dwarkadas, AIR 1962 SC 366.
Avtar Singh, LAW OF CONTRACT AND
Cases:

-
Special power of Indian judiciary to

award fair and just damages and
not liquidated damages

-
36
37
Liquidated damages and Penalty
1. Robinson v. Harman, (1848) 18 LJ Ex

202.
2. Johnson v. Agnew, (1980) AC 367.
3. Ruxley Electronics & constructions Ltd.
v. Forsyth, [1991] 4 All ER 937.
4. Laddingford Enclosures Ltd. v. Forsyth,
[1995] 3 All ER 268.
5. Jamal A.K.A.S. v. Moola Dawood Sons &
Co., ILR (1916) 43 Cal 493.
Cases:

-
Liquidated damages and Penalty
38
1. Dunlop Pneumatic Tyre Co. Ltd. v. New

Garage & Motor Co. Ltd., (1915) AC 79.
2. Steel Authority of India v. Gupta
Brothers Steel Tubes Ltd., (2009) 10 SCC
63.
3. Oil and Natural Gas Corporation Ltd v.
Saw Pipes Ltd, AIR 2003 SC 2629.
Eastern Book Company, 2008), pp.526-
551.
Module 08: Remedies
-
39
Equitable remedy through

Injunction- temporary and
permanent

2839-2944.
Module 08: Remedies

-
40
Specific performance of contract contract that can be specifically

enforced

2453- 2615.
Module 08: Remedies

-
41
Persons against whom specific

enforcement can be ordered


-
Quasi Contract: meaning & nature,

theory of unjust enrichmenttheory of implied-in-fact
contract- claim for necessaries
supplied to incapable person
(section 68), reimbursement of
person paying money due by
another (section 69)
42

1345- 1384.
Cases:

-
43
Obligation of person enjoying

benefit of non-gratuitous act
(section 70), responsibility of finder
of goods (section 71), liability of
person to whom money is paid, or
thing is delivered by mistake or
under coercion (section 72)
1. Sinclair v. Brougham, (1914) AC 398.

2. Moses v. Macferlan, (1760) 2 Burr 1005.
3. Govindram Gordhandas Seksaria v.
State of Gondal, AIR 1950 PC 99.
1384- 1729.
Cases:
1. State of West Bengal v. B K Mondal &

Sons, AIR 1962 SC 779.
2. Plinche v. Colburn, (1831) 5 C&P 58.
3. Craven-Ellis v. Canons Ltd., (1936) 2 All
ER 1066.
Faculty shall be available for meeting with students between 4-5 p.m. in faculty room 2205.
* 5 sessions for Snap tests and case law discussions.

** Case laws will be uploaded on LMS for students reference.
H. SUGGESTED READINGS:
H: 1 TEXTBOOKS:
Avtar Singh, LAW OF CONTRACT AND SPECIFIC RELIEF, 10th ed. (Lucknow: Eastern Book
Company, 2008).
R G Padia (Ed.), POLLOCK AND MULLA INDIAN CONTRACT AND SPECIFIC RELIEF ACTS, Vols. I
and II, 13th ed. (New Delhi: LexisNexis Butterworths, 2006).
Henry Sumner Maine, ANCIENT LAW (London: John Murray, 1908).
Sairam Bhat (Ed.), LAW OF BUSINESS CONTRACTS IN INDIA, 1st ed. (New Delhi: SAGE
Publications India Pvt Ltd, 2009).
Jill Poole, TEXTBOOK ON CONTRACT, 6th ed. (New York: Oxford University Press, 2001).
P C Markanda, THE LAW OF CONTRACT, Vols. I and II (Nagpur: Wadhwa and Publications,
2006).
Puneet Bajaj and Amit Bajaj, LAW OF CONTRACT, 1st ed. (New Delhi; MacMillan, 2005).
H: 2 REFERENCE BOOKS
J. Beatson, ANSONS LAW OF CONTRACT, 28th ed. (New York: Oxford University Press, 2002).
Michael Furmston, CHESHIRE FIFOOT AND FURMSTONS LAW OF CONTRACT, 15th ed. (New
York: Oxford University Press, 2007).
Neil Andrews, CONTRACT LAW, 1st ed. (Delhi: Cambridge University Press, 2011).
Richard Stone, THE MODERN LAW OF CONTRACT, 1st ed. (London: Cavendish).
Stephen A Smith, ATIYAHS INTRIDUCTION TO THE LAW OF CONTRACT, 6th ed. (New York:
Oxford University Press, 2006).
M A Sujan, CONCISE LAW OF GOVERNMENT CONTRACTS, 1st ed. (Delhi: Universal Law
Publishing Co. Pvt. Ltd., 1997).
Journals/Business Magazines:
All India Reporter
Business today
Business world
Corporate Law Advisor
Economic and Political Weekly
Indian Bar Review
Journal of the Indian Law Institute
Lawyers update
Lex Witness
Outlook
Supreme Court Cases
The Practical Lawyer
Yale Law Journal
G: 3 WEB SOURCES:
Database:
AIR
Ebscohost
Economic Outlook
Jstor
SCCOnline
Taxman
Westlaw
I. Instructions
a) Students are expected to read the concerned sessions contents in advance before coming to
the class.
b) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current practices,
examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their views
and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared
to appear for the viva and strictly appear on given time, otherwise, he/she will lose the
marks.
f)
Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.
-----------------------------------------------------------------------------------------------------------------
Annexure-I
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES
B. B. A, LL.B. (HONS.) CORPORATE LAWS, SECTION A & B
SEMESTER I
ACADEMIC YEAR: 2016- 21
SESSION: JULY-DECEMBER, 2016
ASSIGNMENT
FOR
Law of Contract - I
(LLBL101)
Under the Supervision of: Dr. Sujata Bali
(TO BE FILLED BY THE STUDENT)
NAME:
_______________________
SAP NO:
_______________________
ROLL NO
-------------------------------------
Section A (10 Marks)

(Attempt all questions. Each question carries equal marks)
1.
Define contract.
2.
What is the significance of non est factum?
3.
How are uncertain agreements governed under the Indian Contract Act,
1872?
4.
Who should perform a contract?
5.
What is material alteration?

Section B (20 marks)
(Attempt all questions. Each questions carry equal marks)
6. Write a note on bilateral mistake as to subject matter.

7. Write a note on liquidated damages.
8. Write a note on contingent contract.
9. What is the position of a person of unsound mind under the Indian Contract Act, 1872?
Section C (20 marks)

(Attempt all questions. Each questions carry equal marks)
10. Explain the grounds of frustration of contract with supporting case laws.
11. Explain the circumstances under which an agreement/contract can be declared void if the
court regards it as opposed to public policy.
Section D (50 marks)

(Attempt all questions. All questions carry equal marks)
12. Sohan induced Suraj to buy his motorcycle saying that it was in a very good condition. After
taking the motorcycle, Suraj complained that there were many defects in the motorcycle.
Sohan proposed to get it repaired and promised to pay 40% cost of repairs. After a few days,
the motorcycle did not work at all. Now Suraj wants to end the contract. Decide with the
reasons.
13. Answer the following with reasons:
On June 2 Amogh posts offer letter to Anirudh.
On June 3 Anirudh receives offer at noon.

On June 3 Anirudh posts letter of rejection at 5 p.m.
On June 4 Anirudh changes his mind and at 10 a.m. calls Amogh on the telephone and
accepts the offer, telling Amogh to disregard the letter of rejection.
On June 5 Amogh receives letter of rejection.
a. Identity the offeror and offeree in the given facts.
b. When is the communication of proposal complete?
c. When is the communication of acceptance complete
i.
As against the offeror
ii. As against himself

d.
Whether the communication of revocation of acceptance in the given facts is

effective or is the communication of acceptance effective?
14. Mr. Seth, an industrialist, has been fighting a long drawn litigation with Mr. Raman, another
industrialist. To support his legal campaign, Mr. Seth enlists the services of Mr. Shyam
Sethmalani, a legal expert, stating than an amount of five lakh rupees would be paid, if Mr.
Shyam Sethmalani does not take the brief of Mr. Raman. Mr. Shyam Sethmalani agrees, but,
at the end of litigation Mr. Seth refuses to pay. Decide whether Mr. Shyam Sethmalani can
recover the amount promised by Mr. Seth under the Indian Contract Act, 1872.
15. Maya owes money to Neha under a contract. It is agreed between Maya, Neha and Olive that
Neha shall henceforth consider Olive as her debtor instead of Maya. Referring to the
provisions of the Indian Contract Act, 1872, decide whether Neha can claim payment from
Olive.
16. Zaan rented out his house situated at Nainital to Wajid for a rent of ten thousand rupees. A
sum of five lakh rupees, the house tax payable by Zaan to the Municipal Corporation, being in
arrears, his house is advertised for sale by the corporation. Wajid pays the corporation, the
sum due from Zaan to avoid legal consequences. Referring to the provisions of Indian
Contract Act, 1872, decide whether Wajid is entitled to get the reimbursement of the said
amount from Zaan.
INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.
2. To answer your assignment questions you need to access multiple information
sources like
a.
b.
c.
d.
Your own prior experience.

Regular reading of Books, Law Journals, Magazines and News papers
Reference Books
Browsing the internet for latest updates.
3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers
should capture and depict the current contemporary information.
4. As a student of Law, we encourage you to have a contrary point of view. But do

ensure that you can provide a logical justification to this view supported by verifiable
facts, figures, statutes and decided cases by various courts.
5. Caution: Remember to provide original answers only as your assignment submissions

will be tested for plagiarism.
g) Students need to submit individual assignments/projects followed by presentation.
h)
Viva-voce would be conducted for those groups for the research project, if adequate
time for presentations is not there.
i)
Students are expected to read the concerned sessions contents in advance before
coming to the class. The Materials will be supplied in advance.
j)
The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, discussion, current
practices, examples, problem solving, brainstorming activities, role plays, group
discussions and presentations etc.
k) All schedules/announcements must be strictly adhered to.

l)
Plagiarism, in any form, will be least tolerated. Student, if found plagiarized, will be
subject to disciplinary action. To avoid plagiarism, the instructor recommends the
following:
1. Acknowledge by way of a citation whatever is borrowed.

2. Put in quotation any sentence in which there are more than 12 words in a
sequence
3. To the maximum extent possible, paraphrase others ideas and then
acknowledge them through citations.
4. Make all borrowings, which are more than 50 words in a sequence, into a
block quote.
However,
1. Copying lines (more than 12 words in a sequence) or passages from other
sources, not citing them, and writing the name of the source as reference in the
end of the paper will be deemed plagiarism
2. After copying lines in which there are more than 12 words in a sequence and
providing a citation at the end of a line or paragraph will also be deemed
plagiarism
3. Copying others assignment, though they are original, will be considered
plagiarism
Say no to plagiarism! Lets develop a fine research culture in CoLS.
------------------------------------------------------------------------------------------------------------
Annexure-II
LIST OF PROJECT TOPICS
S No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Project Topic
Agreements forbidden by law
Agreements in restraint of legal proceedings
Agreements in restraint of trade
Agreements without consideration
Anticipatory breach of contract
Communication and acceptance of offer
Communication of Acceptance
Contingent contracts
Declaratory relief
Discharge of contract by agreement
Doctrine of Frustration
Discharge of contract by performance
Duress, undue influence and unconscionable bargains
E-contracts
Entertainment contracts
Finder of lost goods
Fraud
Government contracts
General offers
History of law of contract
Non compete clause
Hospital contracts
Injunction
Lapse of Offer
Legality of object defeating any law in India
Legality of object on ground of immorality
Legality of object on ground of public policy
Liability of minors under the Indian Contract Act, 1872
Liability of persons of unsound mind under the Indian Contract Act, 1872
Liquidated damages
Measure of damages
Misrepresentation
Mistake
Past, Executed and Executory consideration
Performance of Existing Duties
Performance of Joint Promises
Privity of contract and consideration in English law
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
Privity of contract and consideration in Indian law

Promissory estoppel
Quasi contract under English law
Quasi contract under Indian law
Recovery of possession of property
Damages for breach under the Indian Contract Act, 1872
Remoteness of damage
Restraint of trade and employment contracts
Significance of intention to create legal relations
Specific performance of contracts
Sports contracts
Standard form of contracts
Supply of necessaries
Time and Place of performance
Unilateral contracts
Uncertain and incomplete agreements
Wagering agreements
Sports Contract
Non- compete clause
Hospital contracts
Liquidated damages
Mistake
Doctrine of Frustration
E- contracts
Mistake of Fact
Government Contacts
Kinds of Consideration
Legality of Object
Free Consent
Mohori Bibi v. Dharmodas Ghose, (1903) 30 IA 114
Doctrine of Supervening Impossibility
GUIDELINES FOR PROJECT WORK

The project will be completed as follows:
1. Abstract: One page in around 300 words
It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words
2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterisation
h. Bibliography
3. Submission of Final Project report after approval of synopsis.
a. Excluding the Cover page, index page and bibliography the main write up should
be around 20 pages. Single Space, Times New Roman, Font Size 12 (footnotesfont size-10) printed both sides.
b. Project must have- Cover page stating Subject name, Title of the Project,
Supervisor name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is
Blue Book 19th Edition and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.
4. The project work shall
a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review)
c. Embody the result of studies carried out by him/her
d. Show evidence of the students capacity for critical examination and judgment;
and
e. Be satisfactory in presentation so far as language, style and form are concerned
5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken
b. The extent to which he/she has availed himself/herself of the work of others and
the portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in
collaboration with others.
6. A certificate to the effect that the project work carried out by the student
independently or in collaboration with other student(s) endorsed by the student shall
form the part of the submission for evaluation.
7. Every student who spends a specified period of time in an
industry/organization/institute for reasons of work related to his/her project work,
with prior permission from the Coordinator concerned will explicitly acknowledge
working in the relevant industry/organization/institute.
8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Turnitin). The report produced by the software
will necessarily be as per the standards prescribed by the university. If the report is
below standards the supervisor will reject the project and award zero marks.
Annexure III
CONTINOUS ASSESSMENT SHEET (___________)
Programme
Name
Faculty Name
Subject
Subject Code
Enrl. No.
Semester
Quiz/ Snap
Test
Assignment
20%
weightage
I
II
10
10
20%
weightage
Name
Project
Work/Case
Analysis/Co
urt Room
Exercise
20%
weightage
Report /
Viva /PPT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Annexure IV
VII
Subject
Grand Viva
Attendance
20%
weightage
20%
weightage
Total
100
Marks
S. No.
Date of
submission
Course Calendar-July to December, 2016

Abstract* Synopsis* Project* Assignment* Snap
Test-I
nd
st
th
th
22 Aug. 31 Aug. 24 Oct. 15 Sept.
Surprise
Snap
Project
Grand
Test-II
Presentations Viva
Surprise 1st -15th Nov. 23rd29th
Nov.
*To be submitted in the scheduled class only. Abstract/synopsis/project submitted after due date will
attract negative marking.

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Format No. QSP/7.1/01.

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

B. B. A., LL.B. (Hons.) Corporate Laws, Section A & B

July to Dec., 2016

Dr. Sujata Bali

Programme: B. B. A, LL. B. (Hons.)

July- December, 2016

Subject code: LLBL101

Doctrine of frustration, conditions, force majeure clause in an Agreement part performance

Chalk and talk

E. COURSE COMPLETION PLAN

Sessions: 04 lectures of 1 hour each for a 04 credit course

F. EVALUATION & GRADING

3. End term Exam

Subject grand viva

Formula for attendance marks:

The duration of a presentation will be max. 10 minutes; comprising of 08 minutes

d) Subject Grand Viva voce

2. Mid- Sem Examination: 20% Weightage

Passing Criterion: minimum 40% of the highest marks in the class

G. DETAILED SESSION PLAN

Historical development of law of

Writ of covenant, debt, and

Agreement under seal, penal

Misfeasance, malfeasance and

1. Henry Sumner Maine, ANCIENT LAW

1. Henry Sumner Maine, ANCIENT LAW

(Delhi: Universal Law Publishing Co. Pvt.

the functional basis of transaction

Consensus-ad-idem, free consent

3. R G Padia (Ed.), POLLOCK AND MULLA

Definition and Classification of

Offer and acceptance

Basic requirement of a promise and

1. R G Padia (Ed.), POLLOCK AND MULLA

Social agreement- intention to

2. Avtar Singh, LAW OF CONTRACT AND

Module 2: Formation of Contract

Module 2: Formation of Contract

Invitation to offer (intention,

Various mercantile and trade

1. Lalman v. Gauri Datt, (1913) 11 All LJ

Module 2: Formation of Contract

Communication of offer and

4. Bank of India v. O P Swarankar, AIR 2003

Module 2: Formation of Contract

Revocation of offer and acceptance

1. Brodgen v. Metropolitan Railway Co.,

Module 2: Formation of Contract

Standard form of contract

1. Mallika Abidi and Shreya Aren,

Module 2: Formation of Contract

Standard form of contract and

3. Curtis v. Chemical Cleaning & Dyeing

Module 2: Formation of Contract

Meaning and need of consideration

Doctrine of Privity of Contract and

1. Tata Consultancy Services v. State of

Exceptions to privity rule

2. Dutton v. Poole, 83 ER 523.

Performance of existing duties

Kinds and exceptions to

1. R G Padia (Ed.), POLLOCK AND MULLA