Foundations of Indian Contract Law
Foundations of Indian Contract Law
Professor and Dean
Professor, Faculty of Law
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Abstract
Foundations of Indian Contract Law is an authoritative, critical commentary on Indian contract law. It comprises 24 chapters that examine the historical, philosophical, and comparative foundations of the Indian Contract Act 1872, the central doctrines and concepts of Indian contract law, the law relating to certain specific types of contracts, and a concluding chapter by Professor Hugh Beale. The book features contributions from 32 academics and practitioners from around the world. The authors adhere to a methodology that is carefully calibrated to address the shortcomings in traditional Indian contract law scholarship. The primary presuppositions of this methodology are that: (a) the answers to many difficult questions of Indian contract law are to be found in the history of the Contract Act; and (b) while it is difficult to understand the Contract Act other than against the backdrop of the common law, one should not assume that on all difficult points Indian contract law mirrors the common law. Each chapter pays close attention to the legislative history of the relevant provision(s) of the Contract Act. None aims to survey every single Indian case in the area. The result is an overview of the foundational concepts, derived from an analysis of what the legislator set out to achieve and the leading (but not all) authorities. The book aims to influence the Indian courts’ approach to contract law, inform meaningful legislative reform and, more broadly, catalyse a culture of critical scholarship on Indian private law.
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Front Matter
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Part I General Themes
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Part II Core Concepts
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5
Formation
Stelios Tofaris
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6
Consideration
Nigam Nuggehalli andRagini Surana
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7
Parties and Assignment
Shantanu Naravane
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8
Incapacity and Its Consequences
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9
Coercion, Undue Influence, and Unconscionability
Shivprasad Swaminathan andVeda Singh
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11
Illegality
Thomas Sebastian andAman Ahluwalia
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10
Fraud, Misrepresentation, and Mistake
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16
Damages
Katy Barnett
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17
Stipulated Sums and Limitation Clauses
TT Arvind
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12
Restraint of Trade in India: Reason (Un)restrained?
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19
Rescission of Contracts Voidable for Lack of Free Consent
Steven Elliott KC andDivya Behl
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13
Performance, Breach, and Termination
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14
Frustration
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15
The Duty of Good Faith
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18
The Action for the Agreed Sum and Specific Performance in Indian Law
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5
Formation
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Part III Special Contracts
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Part IV Conclusion
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End Matter
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