Shivaji Univeristy, Kolhapur

CBCS Syllabus
LL.B-I and Pre Law - III

UNIT I: INTRODUCTION
1.1 Historical Background of Indian Contract Laws
1.2 Contract: Meaning, Definition, Importance, Nature and Scope
1.3 Essentials of Contract
1.4 Indian Contract- Latest developments (e-Contracts)

UNIT II: PROPOSAL AND ACCEPTANCE- AGREEMENT (S. 2-10)

2.1 Formation of an Agreement, It’s Kinds – Valid, Void, Voidable, Unlawful, illegal
2.2 Intention to Create Legal Relationship
2.3 Proposal and Acceptance- Their various forms, Essential Elements
2.4 Communication and Revocation of Offer and Acceptance
2.5 What agreements are Contracts?

UNIT III: CAPACITY TO CONTRACT AND FREE CONSENT (S. 11 - 22)

3.1 Legal Disability to Enter into Contract
3.2 Minors - Effects of Minors Agreement, Persons of Unsound Mind, Persons disqualified by Law
3.3Consent and Free Consent – Definition
3.4Vitiating Elements of Free Consent –
3.4.1 Coercion, Doctrine of Duress
3.4.2 Undue Influence
3.4.3 Fraud
3.4.4 Misrepresentation
3.4.5 Mistake
3.5Effect on Contracts influenced by any factor Vitiating Free Consent
UNIT IV: CONSIDERATION AND OBJECT (S. 23 - 25)
4.1 Meaning and Nature of Consideration and Object
4.2 Consideration- Its Exceptions
4.3 Legality of Consideration and Object
4.4 Doctrine of Privity of Contract

UNIT V: LIMITATIONS ON FREEDOM OF CONTRACT (S. 23, 26 – 31)

5.1 Void Agreements
5.1.1 Agreements in Restraint of Marriage
5.1.2 Agreements in Restraint of Trade
5.1.3 Agreements in Restraint of Legal Proceedings
5.1.4Ambiguous and Uncertain Agreement
5.1.5 Wagering Agreements – Its exceptions
5.1.6 Agreements with Unlawful Consideration
5.1.7 Agreements without Consideration
5.1.8 Agreements against Public Policy
5.2 Contingent Contracts

UNIT VI: DISCHARGE AND REMEDIES FOR BREACH OF CONTRACT (S. 37 – 67)
6.1 Meaning and Nature - Discharge of Contract
6.2 Different Modes -
6.2.1 By Performance
6.2.2 By Agreement – Novation, Alteration, Rescission, Remission, Waiver, Accord and
Satisfaction
6.2.3 By Operation of Law – Insolvency, Merger, Alteration without consent, Death
6.2.4 By Breach- Anticipatory Breach - Actual breach
6.2.5 By Impossibility of Performance – Destruction of Subject Matter, Death or Personal Incapacity,
Change of Law, non-existence or non-occurrence of particular state of thing, declaration of war –
Doctrine of Frustration
6.2.6 By Lapse of Time

UNIT VII: CERTAIN RELATION RESEMBLING THOSE CREATED BY CONTRACT (QUASI

CONTRACT) (S. 68 -72)
7.1Concept and Classification of Quasi-Contract
7.2 Standard form of Contract
7.3 Government as a Contracting Party

UNIT VIII: REMEDIES FOR BREACH OF CONTRACT

8.1 Remedies under Indian Contract Act (S.73 - 75)
8.1.1 Cancellation or Rescission
8.1.2 Restitution
8.1.3 Quantum Meruit
8.1.4 Damages – Types of Damages – General or ordinary, Special, Vindictive or exemplary, nominal –
Remoteness and Ascertainment of Damages
8.2 Remedies under Specific Relief Act, 1963 (S.5 – 43)
8.2.1 Recovering possession of property
8.2.2 Specific Performance
8.2.3 Declaratory Decrees
8.2.4 Injunctions
8.2.5 Preventive Relief
 Syllabus References

UNIT I: INTRODUCTION
1.1 Historical Background of Indian Contract Laws
1.2 Contract: Meaning, Definition, Importance, Nature and Scope
Indian Contract Act, 1872
1.3 Essentials of Contract
1.4 Indian Contract- Latest developments ( e-Contracts)

UNIT II: PROPOSAL AND ACCEPTANCE- AGREEMENT

(S. 2-10)
2.1 Formation of an Agreement, It’s Kinds – Valid, Void,
Voidable, Unlawful, illegal
2.2 Intention to Create Legal Relationship Indian Contract Act, 1872
2.3 Proposal and Acceptance- Their various forms, Essential
Elements
2.4 Communication and Revocation of Offer and Acceptance
2.5 What agreements are Contracts?

UNIT III: CAPACITY TO CONTRACT AND FREE

CONSENT (S. 11 - 22)
3.1 Legal Disability to Enter into Contract
3.2 Minors - Effects of Minors Agreement, Persons of Unsound
Mind,Persons disqualified by Law
3.3Consent and Free Consent – Definition
3.4Vitiating Elements of Free Consent –
Indian Contract Act, 1872
3.4.1 Coercion, Doctrine of Duress
3.4.2 Undue Influence
3.4.3 Fraud
3.4.4 Misrepresentation
3.4.5 Mistake
3.5Effect on Contracts influenced by any factor Vitiating Free
Consent

UNIT IV: CONSIDERATION AND OBJECT (S. 23 - 25)

4.1 Meaning and Nature of Consideration and Object
4.2 Consideration- Its Exceptions Indian Contract Act, 1872
4.3 Legality of Consideration and Object
4.4 Doctrine of Privity of Contract
UNIT V: LIMITATIONS ON FREEDOM OF CONTRACT
(S. 23, 26 – 31)
5.1 Void Agreements
5.1.1 Agreements in Restraint of Marriage
5.1.2 Agreements in Restraint of Trade
5.1.3 Agreements in Restraint of Legal Proceedings
Indian Contract Act, 1872
5.1.4Ambiguous and Uncertain Agreement
5.1.5 Wagering Agreements – Its exceptions
5.1.6 Agreements with Unlawful Consideration
5.1.7 Agreements without Consideration
5.1.8 Agreements against Public Policy
5.2 Contingent Contracts

UNIT VI: DISCHARGE AND REMEDIES FOR BREACH

OF CONTRACT (S. 37 – 67)
6.1 Meaning and Nature - Discharge of Contract
6.2 Different Modes -
6.2.1 By Performance
6.2.2 By Agreement – Novation, Alteration, Rescission,
Remission, Waiver, Accord and
Satisfaction
Indian Contract Act, 1872
6.2.3 By Operation of Law – Insolvency, Merger, Alteration
without consent , Death
6.2.4 By Breach- Anticipatory Breach - Actual breach
6.2.5 By Impossibility of Performance – Destruction of Subject
Matter, Death or Personal Incapacity, Change of Law, non-
existence or non-occurrence of particular state of thing, declaration
of war – Doctrine of Frustration
6.2.6 By Lapse of Time

Indian Contract Act, 1872

UNIT VII: CERTAIN RELATION RESEMBLING THOSE
CREATED BY CONTRACT (QUASI
Standard Form Contract – Concept
CONTRACT) (S. 68 -72)
(Law of Contract, Avtar Singh)
7.1Concept and Classification of Quasi-Contract
7.2 Standard form of Contract
Government as Contracting Part-
7.3 Government as a Contracting Party
Constitution – Art. 298, 299, 300)
UNIT VIII: REMEDIES FOR BREACH OF CONTRACT
8.1 Remedies under Indian Contract Act (S.73 - 75)
8.1.1 Cancellation or Rescission
8.1.2 Restitution
8.1.3 Quantum Meruit
8.1.4 Damages – Types of Damages – General or ordinary,
Special, Vindictive or exemplary,
Indian Contract Act, 1872
nominal – Remoteness and Ascertainment of Damages

Specific Relief Act, 1963

8.2 Remedies under Specific Relief Act, 1963 (S.5 – 43)
8.2.1 Recovering possession of property
8.2.2 Specific Performance
8.2.3 Declaratory Decrees
8.2.4 Injunctions
8.2.5 Preventive Relief

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Sem- I
Law of Contract (UPSC/JMFC/LL.M./NET, SET/MPSC)
Family Law (Family Court)
Constitutional Law (UPSC/JMFC/LL.M./NET, SET/MPSC)
Law of Tort ( not for JMFC) UPSC/NET, SET/MPSC
IPC (UPSC/JMFC/LL.M./NET, SET/MPSC) + Public prosecutor

Sem- II
Contract – II (Special Contract) (UPSC/JMFC/LL.M./NET, SET/MPSC)
Family Law –II (UPSC/JMFC/LL.M./NET, SET/MPSC)
Constitutional Law-II (UPSC/JMFC/LL.M./NET, SET/MPSC)
Environmental Law (NET SET)
Professional Ethics