Category Archives: Contract Law

More – Contract Law

Preventive Relief under Specific Relief Act 1963

Preventive Relief is an important equitable remedy provided under the Specific Relief Act, 1963. It consists of a grant of temporary, perpetual and mandatory injunction. The court has to balance the interests and rights of both the parties before acceding to the claim of the plaintiff that his or her rights are endangered thus need protection. I. Introduction… Read More »

Recovery of Possession of Property

Recovery of Possession of Property resituates the possessory title of the rightful possessor in him or her once again through the equitable intervention by the court. There can be multiple ways depending upon the type of property if it is immovable or movable.  The manner provided in CPC is to be followed. Introduction Being one of the remedies that… Read More »

Specific Performance of Contracts

Specific Performance of Contracts is one of the most prominent equitable remedies that are a gift from the fusion of the common law and equity. It depends upon the discretion of the court which would be fulfilled with the components provided under the law as provided are being met with. Introduction Specific Relief Act, 1963 adopts the remedy… Read More »

Introduction to the Specific Relief Act

Introduction to the Specific Relief Act is a must before jumping into a range of reliefs as are being provided under the law. Having a legacy of distinction, earlier through the 1877 Act and then through the 1963 Act, the legislature endeavoured to grant the equitable jurisdiction and widen the justice imparting powers of the courts. Introduction The… Read More »

Nature of Indemnity Clauses

Nature of the Indemnity Clause is very wide and ambiguous also at times. Since the liability to pay damages through these clauses is far more volatile than in the case of liquidated damages in normal contracts, a lot more degree of caution is required before framing the clauses. Introduction Indemnity is a special type of contract giving protection… Read More »

Rights of Indemnity-Holder

Rights of Indemnity-Holder | Overview Introduction Meaning of Indemnity Rights of Indemnity Holder Damages paid in suit Costs in such suit Amounts in the compromise Importance of Notice Conclusion Rights of the Indemnity Holder get invoked in the case when that person is being sued by the third party. The Indian Contract Act, 1872 provides for specifically three… Read More »

Acceptance

Acceptance is the next step to the offer that marks the beginning of a contractual relationship. It has to be absolute, unqualified and as per usual and reasonable manner. The mode can be as prescribed in the offer or as per the general practice. It can be revoked but under terms of the law. Introduction A gift comes… Read More »

Offer: Meaning, Types and Invitation

Offer: Types and Invitation is an important topic in the study of the Law of Contracts. Not only because it is the beginning step in the basic learning of this law but also because the logical fault lines between the concept of offer and invitation should be clarified since that can lead to problems. I. Introduction A proposal… Read More »

Revocation: Meaning and Modes

Revocation: Meaning and Modes, is very important to understand. We all know how consensus ad idem is must for the contract. But many a time, after expressing each of them, the parties want to retract from their earlier position. Hence, the law provides for such a facility in giving the option of revocation to either party. Introduction An… Read More »

Lawfulness of Consideration | Lawful Consideration

Lawfulness of Consideration | Overview Introduction Essential pre-requisites of Consideration Examples of Consideration The requirement of a valid contract Instances of Unlawfulness Conclusion The lawfulness of consideration | Lawful Consideration is very important to understand. Without the legality of this one aspect of the contract, the entire contract would be baseless. To make the consideration lawful, the same… Read More »