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Course Teacher
Prof. Ayaz Ahmad
Email: ayazahmad.adv@gmail.com
ayaz@theglocaluniversity.in
Mb-09456044664
(A University Established by UP Act 2 of 2012)
COURSE DESCRIPTION
For several need and wish, be it economic, say to earn livelihood from others or social, say to make
gift of a piece of land to near and dear one, we need to make some transaction (in the form of promise
to be performed) known as Contract to fulfil those need and wish and but those need and wish can not
be fulfilled if the proper transaction (i.e., contract) is not made according to the law of the land. In
India, “The Contract Act 1872” provides the legal framework for the formulation of those economic
and social transaction known as contract. The legal principles as enshrined in the Contract Act, 1872
and the decision of the courts made through the application and interpretation of those legal principles
to the ever changing fact situation constitute the body of law of contract. To witness the development of
law of contract and to find out the trends of development, everyone has to consult the decisions
pronounced by the courts. The basis of the Contract Act is english common law comprising of judicial
precedents but the Act is not exhaustive in the sense that it does not deal with all branches of law of
contract. There are seperate Acts which deal with contracts relating to Negotiable Instruments, transfer
of property, sale of goods, partnership etc. So, to say that it deals with the general principles of Law of
Contract which is applicable to any kind of contract irrespective of their nature and here the essence of
studying the Contract Act, 1872 lies. But this Act requires the study of other branches of law which has
a direct connection with it like the law relating to specific performance and under that law, this course
will take care of the provisions relating to the remedial measures available for non performance of a
concluded contract i.e., the provisions relating to specific performance of contract.
After the completion of the course, the learner students will have a decent understanding of various
provisions of the Contract Act as well as relevant provision of Specific Relief Act along with the
principles laid down in relevant case laws which they can apply in solving real life problems arising at
the time of, during and after the formation of contractual relationship of general nature.
(A University Established by UP Act 2 of 2012)
1. to help the students to acquire the knowledge and understanding of legal principles of general
law of contract as a piece of substantive legislation;
2. to help the students to acquire the knowledge and understanding so to appreciate the
relationship of Contract Law with other branches of law;
3. to help the students as to how to apply those legal principles in real life situation in rendering
their service as legal professional.
EVALUATION SCHEME
The examination system of the University promotes constant monitoring and ensures transparency of
the of the evaluation methods. Keeping this in mind University has adopted two tiers of assessment
method viz. continuous assessment and end-term written examination. Skills of reading, research
analysis and writing will be assessed through project work. Efforts will be made to ensure that the
examination method is innovative and capturing of student interest. In order to promote transparency
and objectivity, detailed evaluation report of project assignments as also answer scripts are given to
students for their perusal.
The performance of the students on this course is assessed on the basis of 100 marks. The overall
assessment of 100 marks is divided as under;
[A] INTERNAL EVALUATION (30 MARKS): The tentative plan of the Internal Evaluation will be
on the following basis:
Assessment Mode Marks
Written Submission 5 Mark
Presentation 10 Marks
Class Tests 10 Marks
Attendance 5 Marks
Total 30 Marks
INSTRUCTIONAL INPUTS:
This course will be facilitated with the help of following instructional inputs:
i) Teacher-Directed Instructional Inputs: Lecture and questioning.
ii) Learner-Directed Instructional Inputs: Individualized Instruction, Project Work and Field work.
ii) Group-Directed Instructional Inputs: Discussion and Debate.
GROUP WORK:
You will have the opportunity to work with a small group of four students from class to do the assigned
work and share your conclusions and observations through presentation before the class with the
instructor and other students. At the end of the semester the group members will submit a research
paper which should be of publishable quality.
TIMELINESS:
Due dates and times for both the research and the writing assignments are strict. Extensions will not be
granted except in the case of a genuine emergency such as a significant, verifiable illness. You must
make the request for an extension as soon as you know of the emergency.
PLAGIARISM:
Students of Glocal Law School are subject to the Glocal Student Policies and Procedure Manual.
Plagiarism is explicitly defined in that publication. Any student caught in this malpractice will be liable
for strict punishment. The students in doing their project work have to comply with the standard of fair
academic practice. Students must acknowledge the sources they are taking help to complete their
project work with their complete description to get rid of academic misconduct known as plagiarism.
Students will receive a handout explaining academic plagiarism more fully.
(A University Established by UP Act 2 of 2012)
COURSE OUTLINE
MODULE THREE:Consideration
1. Definition and Meaning of Consideration
2. Privity of Contract and of Consideration
3. Exceptions to Privity Rule
4. Past Consideration
5. Performance of Existing Duties
6. Exceptions to Consideration
Leading Judicial Pronouncements:
Combe v/s Combe [1951] 2 KB 215
District Board of Ramnad v. D.K. Mahomed Ibrahim (1933) 64 MLJ 574
Durga Prasad v. Baldeo 1880 3 All 221
Dunlop Pneumatic Tyre Co. Ltd. V/s Selfridge & Co. Ltd.[1915] AC 847
Chinnaya Rau v/s Ramaya (1882) I.L.R. 4 Mad. 137
Nawab Khwaja Muhammad Khan v. Nawab Husaini Begam (1910) LR 37 I.A. 152
Tweddle v Atkinson [1861] EWHC QB J57
Jamuna Das v. Ram Avtar 1911 II Ind Cas 91
M. C. Chacko v/s State Bank of Travancore 1970 AIR 500
Web links & Articles:
Video lecture on ““Basics of Consideration” available at https://www.youtube.com/watch?
Nordenfelt v/s Maxim Nordenfelt Guns and ammunition Co. Ltd. (1894) A.C. 535
Charlesworth v/s Mac Donald I.L.R. (1898) 23 Bom. 103
V.F.S Global Services Pvt. Ltd. V/s Suprit AIR 2008 (NOC) 1502 (Bom.)
Har Bilas v/s Mahadeo Prasad AIR 1931 ALL 539
Tapas majumder v/s Pranab Dasgupta AIR 2006 Cal 55
Delhi Bottling Co. Ltd. V/s Times Guaranty Financials Ltd. AIR 2003 (NOC) 7 Delhi
Carlill v/s Carbolic Smoke Ball Co. (1892) Q.B. 484 at pp. 490-91
Babasaheb v/s Rajaram AIR 1931 Bom. 264
Diggle v/s Hige (1877) 2 Ex. D. 422
Shekharchand Jain v/s Ramnarayan (1977) 2 M.P.W.N. 118
Badridas Kothari v/s Meghraj Kothari AIR 1967 Cal 25
Brij Mohan v/s M.P.S.R.T. Corporation AIR 1987 SC 29
Rajat Kumar Rath v/s Govt. of India AIR 2000 Orissa 32
Web links & Articles:
“Void Agreements” available at
http://www.klelawcollege.org/content/uploads/documents/10.%20Void%20Agreements.pdf
“Clear Rules Still Produce Fuzzy Results: Impossibility in Indian Contract Law” by C. Scott
Pryor available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1792964
Article on “Discharge of Contract” by Anup Mukherjee available at
http://indiapoint.net/finance/2005/02/28/discharge-of-contract/
Article on “Fraustration of Contract and impossibility of performance by Karnika Seth available
at http://cyberlawsconsultingcentre.com/wp-content/uploads/FRUSTRATION%.pdf