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Law of Contract - 105

This document outlines the course syllabus for Law of Contract - I. The course is designed to provide students with a strong foundation in contract law principles and doctrines. It will help students understand enforceability of agreements, formation of contracts, available remedies, and more. Students will critically analyze doctrinal and policy tensions in contract law.

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40 views3 pages

Law of Contract - 105

This document outlines the course syllabus for Law of Contract - I. The course is designed to provide students with a strong foundation in contract law principles and doctrines. It will help students understand enforceability of agreements, formation of contracts, available remedies, and more. Students will critically analyze doctrinal and policy tensions in contract law.

Uploaded by

fofah42769
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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School of Law, HILSR

Jamia Hamdard

Course Syllabus

Course Overview:

Course Title: Law of Contract – I

Course Code: BALLB – 105

Semester: First

Credits: 4

Medium of Instruction/Assessment: English

Objectives of the Course:

This course is designed to provide the students a strong foundation in the principles and doctrines
that govern the contract law. Through this course, students will gain an understanding of the
enforceability of agreements, formation of contracts, remedies available to the contracting parties
in the event of breach, and so on and so forth. Its objective is also to critically analyse the doctrinal
and policy tensions that shape contract law besides to lay the foundation for study of subjects
grounded in contract law like corporate law, banking law, consumer law, competition law etc. The
primary literature that the course uses includes Indian Contract Act, 1872, judgements of the courts
in India, United Kingdom and United States of America, other relevant legal material and
authoritative scholarship on the subject. Students will be encouraged to develop independent
thinking and the ability to identify and analyse problematic issues within the law of contract.

Learning Outcomes:

At the end of this course, students will be able to do the following:

1. Identify the principles and doctrines that guide the enforceability of agreements.
2. Exhibit an understanding of the legal terms and concepts in contract law.
3. Determine what rights a person acquires under a contract.
4. Know the circumstances under which performance of a contract is required or excused.
5. Identify the situations that constitute breach of contract and the remedies available for such
breach.

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6. Interpret and construct the complex terms and conditions in a contract.

Assessment and Evaluation:


The course has a weightage of 100 marks. 75 % of the marks will be covered by the End
Semester Examination; while as 25 % will constitute internal assessment to be done by the
concerned instructor.

(A) End Semester Examination: There shall be ten questions in the Question paper with two
from each unit. Students shall have to answer five questions in all selecting one from each
unit.
(B) Internal Assessment: Students will be assessed and evaluated by the concerned teacher
during the entire semester at regular intervals. This will be done by employing a wide range
of methods including written tests, tutorials, term paper writing, presentations etc. Attendance
of the students will also form a part of the internal assessment.

Course Outline:

The course is based on five units.


Unit - I

 Rationale of Contracts
 Elements of a Contract
 Offer: Definition, Communication, Revocation, General and Specific offer, Cross and
Counter Offer, Invitation to treat
 Acceptance: Definition, Communication, Revocation
 Intention to Create Legal Relationship/Obligations

Unit - II

 Consideration: Definition and Essential Elements, Privity of Contract and Privity of


Consideration, Past, Executed and Executory Consideration, Exceptions
 Capacity to Contract: Incapacity arising out of Status & Mental Defects, Nature of Minor’s
Agreement, Effect of Minor’s Agreement, Doctrine of Restitution, Beneficial Contracts,
Ratification of Minor’s Agreement, Liability for necessaries, Persons of Unsound mind

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Unit - III

 Factors vitiating consent: Coercion, Undue Influence, Misrepresentation, Fraud and


Mistake
 Void Agreements: Meaning, Agreement without Consideration, Agreement in Restraint of
Marriage, Agreement in Restraint of Trade, Agreement in Restraint of Legal Proceedings,
Wagering Agreements

Unit - IV

 Legality of Object
 Discharge of Contract: Modes of Discharge, Performance, Impossibility of Performance -
Doctrine of Frustration
 Standard Form Contracts

Unit - V

 Remedies: Damages – remoteness and measure of damages, Specific Performance,


Injunction, Quantum Meruit
 Quasi-Contracts

Readings:

The readings for the course are listed below. The first four are essential and are sufficient to
meet the requirements of the course. Rest of the readings are recommended for an extensive
study of the themes covered in the course.

1. Nilima Bhadbhade, Pollock and Mulla on the Indian Contract and the Specific Relief
Act, Lexis Nexis India, Gurgaon (1999).
2. Dr. Avtar Singh: Law of Contract & Specific Relief, Eastern Book Company, Lucknow
3. Dr. R.K. Bangia: Contract, Allahabad Law Agency, Allahabad.
4. H. K. Saharay: Dutt on Contract-The Indian Contract Act, 1872, Eastern Law House,
Kolkata.
5. J. Beatson, Andrew Burrows & John Cartwright: Anson's Law of Contract, Oxford
University Press, London.
6. Michael P. Furmston: Cheshire, Fifoot & Furmston’s Law of Contract, Oxford
University Press, London.
7. G. H. Treitel: The Law of Contract, Sweet & Maxwell, London.
8. H. G. Beale and Joseph Chitty: Chitty on Contracts: General Principles, Sweet &
Maxwell, London.
9. Stephen A. Smith, Atiyah’s Introduction to the Law of Contract, Claredon Law Series.

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