Cover
Title Page
Copyright Page
Contents
Preface
Chapter 1 Nature and Formation of Contract
Introduction
Key Definitions Used in the Indian Contract Act
Nature of Contract
Elements of Contracts
Classification of Contracts
On the Basis of Validity/Enforceability
On the Basis of Formation/Creation
On the Basis of Performance/Execution
English Law
Exercise
Chapter 2 Offer and Acceptance
Introduction
Proposal
Express Offer and Implied Offer
Specific or General Offer
Facts of the Case
Decision
Essential Requirements of a Valid Offer
Revocation of Offer
Cross Offers
Counter Offer
Tenders
Acceptance
Essentials of a Valid Acceptance
Effect of Silence on Acceptance
Agreement to Agree in Future
Counter Offer is not an Acceptance
Communication of Offer, Acceptance and Revocation
Revocation of Proposal and Acceptance
Termination of Offer
Revocation or Lapse of Offer — Sec. 6
Offer and Acceptance by Post
Contracts over Telephone or Telex
Exercise
Chapter 3 Consideration
Introduction
Definition
Types of Consideration
Essentials of Consideration
Privity of Contract
Exceptions
No Consideration - No Contract
Exceptions
Exercise
Chapter 4 Capacity of Parties
Introduction
Definition
Minors
Minors in Indian Law
Decision
Legal Decisions Constituting Necessities
Liability of the Minor for Torts and Crimes
Persons of Unsound Mind
Idiocy
Lunacy
Drunken Persons
Disqualified Persons
Aliens
Foreign Sovereigns
Statutory Corporations
Married Women
Insolvent Person
Convicts
Professionals
Exercise
Chapter 5 Free Consent
Introduction
Free Consent
Coercion
Essentials of Coercion
Burden of Proof
Duress
Effect of Coercion
Undue Influence
Essentials of Undue Influence
Undue Influence-Consequences
Defences Available against Undue Influence
Pardanashin Women
Fraud
Elements of Fraud
Mere Silence is not Fraud
Exceptions
Fraud—Consequences
Misrepresentation
Essentials of Misrepresentation
Consequences of Misrepresentation
Mistake
Mistake of Law
Mistake of Fact
Exercise
Chapter 6 Legality of Object and Consideration
Introduction
Agreements Against Public Policy
Exercise
Chapter 7 Void Agreements
Introduction
Classification of Unlawful Agreements
Agreements in Restraint of Trade
Agreements in Restraint of Legal Proceedings
Exceptions
Uncertain Agreements
Wagering Agreements
Essentials of Wagering Agreements
Effects of Wagering Agreements
Agreements Contingent on Impossible Events [Sec. 36]
Agreement to Agree in Future
Illegal Agreement
Exercise
Chapter 8 Contingent and Quasi-Contracts
Definition
Essentials of Contingent Contracts
Rules Regarding Enforcement of Contingent Contracts (Secs. 32 - 36)
Quasi-Contracts
Quantum Meruit
Exercise
Chapter 9 Performance of Contracts
Introduction
Tender
Essentials of a Valid Tender Performance
By Whom must the Contracts be Performed?
Performance of Reciprocal Promise (Secs. 51 - 54 and 57)
Time, Place and Manner of Performance (Secs. 46 - 50 and 55)
Assignment of Contracts
Contracts which Need not be Performed
Who can Demand Performance?
Appropriation of Payments
Rule in the Hallett’s Estate Case
Exercise
Chapter 10 Modes of Discharge of Contracts
Introduction
Discharge By Performance
Tender
Discharge by Mutual Consent (Sec. 62)
Novation
Rescission
Alteration
Remission
Waiver
Merger
Discharge by Impossibility of Performance
Impossibility at the Time of Contract
Subsequent or Supervening Impossibility
The Doctrine of Frustration
Limitations
Effects of Supervening Impossibility
Discharge by Lapse of Time
Discharge by Operation of Law
Discharge by Breach of Contract
Actual Breach of Contract
Anticipatory Breach of Contract
Consequences of Anticipatory Breach of Contract
Termination by Material Alteration
Exercise
Chapter 11 Remedies for Breach of Contract
Introduction
Cancellation or Rescission
Restitution
Specific Performance
Injunction
Damages
General or Compensatory Damages
Special Damages
Facts of the Case
Nominal Damages
Exemplary or Vindictive Damages
Rules Regarding the Amount of Damages
Difficulty in Calculating Damages
Liquidated Damages and Penalty
Facts of the Case
Decision
Conditions Regarding Payment of Interest
Quantum Meruit
Contract not Enforceable
Exercise
Chapter 12 Indemnity and Guarantee
Introduction
Contract of Indemnity
Contract of Guarantee
Essential Features of a Contract of Guarantee
Extent of Surety’s Liability
Kinds of Guarantee
Specific Guarantee
Continuing Guarantee
Rights of Surety
Rights against Creditor
Rights against Principal Debtor
Rights against Co-sureties
Discharge of surety
Discharge of Surety by Revocation
Discharge of Surety by the Conduct of the Creditor
Discharge of Surety by Invalidation of Contract
Exercise
Chapter 13 Bailment and Pledge
Introduction
Definition of Bailment
Requisites of Bailment
Does Deposit of Money Constitute Bailment?
Bailment and Sale
Bailment and Hire-purchase
Classification of Bailments
On the Basis of Charge
On the Basis of Benefits
Duties and Rights of Bailor and Bailee
Duties of Bailor
Duties of Bailee
Rights of Bailor
Rights of Bailee
Termination of Bailment
Lien
Pledge
Rights of Pawnor
Rights of Pawnee
Duties of Pawnor
Duties of Pawnee
Finder of Goods
Duties of Finder of Goods
Rights of Finder of Goods
Pledge by Non-owners
Carrier of Goods
Meaning of Charge
Meaning of Mortgage
Sale Vs. Mortgage, Pledge and Hypothecation
Exercise
Chapter 14 Law of Agency
Introduction
Contract of Agency—Special Features
General Rules Regarding Agency
Classification of Agents
Creation of Agency
Rules of Ratification (Elements of Ratification)
Effects of Ratification
Liabilities of the Principal towards Third Parties
Named Principal/Disclosed Principal
Unnamed Principal
Undisclosed Principal
Revocation/Renunciation
Termination of Agent’s Authority as to Third Persons
Duties and Rights of Principal and Agent
Duties of Principal
Rights of Principal
Duties of Agent
Rights of Agent
Delegation of Authority of Agent
Exceptions to the General Rule [Sec. 190]
Effects of Delegation of Authority
Personal Liability of an Agent
Termination of Agency
By the Act of the Parties
By Operation of Law
Effects of Termination
Irrevocable Agency
Exercise
Chapter 15 Formation of Contracts under the Sale of Goods Act, 1930
Introduction
Contract of Sale
Sale
Elements of Contract of Sale
Making of Contract of Sale
Subject-matter of Contract
Goods Perishing before Making of Contract (Sec. 7)
Goods Perishing before Sale but After Agreement to Sell (Sec. 8)
Distinction between Sale and Agreement to Sell
Sale and Hire-purchase Agreement
Essentials of Hire-purchase Agreement
Meaning of Goods [Sec. 2 (7)]
Documents of Title to Goods [Sec. 2 (4)]
Classification of Goods
Existing Goods
Future Goods
Contingent Goods
Price of Goods
Modes of Fixing the Price
Ascertainment of Price (Sec. 9)
Agreement to Sell at Valuation (Sec. 10)
Earnest Money
Conditions and Warranties
Stipulations as to Time
Condition and Warranty (Sec. 12)
Distinction between Condition and Warranty
Circumstances when a Condition can be Treated as Warranty
Implied Conditions and Warranties [Secs. 14 - 17]
Implied Warranties as to the Title and Possession (Sec. 14)
Implied Conditions as to the Description (Sec. 15)
Implied Conditions as to Quality or Fitness (Caveat Emptor) [Sec. 16]
The Exceptions to the Doctrine
Decided Case Laws
Implied Condition as to the Mercantile Quality [Sec. 16 (2)]
Usage of Trade [Sec. 16 (3)]
Sale by Sample [Sec. 17 (1)]
Exercise
Chapter 16 Transfer of Property and Rights of An Unpaid Seller
Introduction
Transfer of Title By Non-Owners (Secs. 27-30)
General Rule as to Transfer of Title (Sec. 27)
Exceptions to the Rule
Performance of the Contract
Rules Regarding Delivery of Goods
Rights of the Buyer
Acceptance
Rights of an Unpaid Seller
Rights of an Unpaid Seller Against Goods (Sec. 46)
Stoppage in Transit
Rights of Unpaid Seller Against the Buyer Personally
Auction Sale
Exercise
Chapter 17 Right to Information Act, 2005
Right to know about information as stated in Article 21
The Supreme Court, in State of U.P v. Raj Narain
Object of the RTI Act
Definitions
Duties of a Public Authority
Designation of Public Information Officers (PIO) [Section 5]
Submission of Application to get Information
Duties of Public Information Officers
Rejection of Request
Exemption from Disclosure (Section 8)
Agencies Excluded Under RTI Act, 2005 (Section 24]
Constitution of Information Commissions
Central Information Commission (CIC)
State Information Commission (SIC)
Duties and Powers of Information Commissions
Powers
Appellate Authorities
Penalties [Section 20]
Right to Information (Amendment) Bill, 2019
Exercise
Chapter 18 Cyber Law and Information Technology Act
Introduction
Scope and Applicability of the Act
Significance of the Act
Advantages of the Information Technology Act
Key Definitions used in the Act
Digital Signature [Sec.3]
Electronic Governance [Sec.4]
Security Procedure [Sec.16]
Appointment of Controller and other Officers [Sec.17]
Functions of Controller[Sec.18]
Recognition of Foreign Certifying Authorities [Sec.19]
Licence to Issue Digital Signature Certificates [Sec.21]
Application for Licence [Sec.22]
Disclosure
Cyber Appellate Tribunal
Certifying Authority to Issue Digital Signature Certificate [Sec.35]
Establishment and Composition of Cyber Appellate Tribunal [Sec.48 and 49]
Term of Office [Sec. 51]
Appeal to Cyber Appellate Tribunal [Sec. 57]
Appeal to High Court [Sec.62]
Nature and Characteristic Features of Cyber Crime
Characteristics of Cyber Crime
Types of Cybercrime
Offences Under the Information Technology Act, 2000
Tampering with Computer Source Documents
Computer Related Offences (Section 66)
Power to Investigate any Offence
Power to Issue Order to Intercept, Monitor or Decrypt any Information
Liability of Network Service Providers (Section 2(1)(w)
Penalties and Adjudications
Adjudicating Officer
Exercise
Chapter 19 Intellectual Property Rights
Intellectual Property
Meaning of Intellectual Property Rights
Characteristic Features of Intellectual Property
Need for Intellectual Property Laws
Types of Intellectual Property Rights
Designs
Application for Registration of Designs
Trade Marks
Trade Mark - Meaning
Trade Marks Act, 1999
Classification of Goods and Services
Protection of Trade Marks
Registration of Trade Marks
Term of Trade Mark
Renewal of Trade Mark
Infringement of Trademark
Defences in Infringement
Copyright
Meaning of Copyright
Term of Copyright
Ownership of Copyright
Procedure for Registration of Copyright
Rights of the Author
Rights of the Owner
Appeals
Geographical Indications of Goods
Geographical Indication
Goods
Indication
Prohibition of Registration
Register of Geographical Indications
Rights Bestowed on the Registered Proprietor
Action for Infringement
Other Important Provisions
Trade Secrets
Undisclosed Information
Trade Secrets - Types
Action for Violation
Patent Act, 1970
Significance of Patents
Basic Requisites of Patentability
Inventions not Patentable
Procedural Formalities for Registration of Patent
Infringement of Patents
Action for infringement
Semiconductor Integrated Circuits Layout Design Act, 2000
Meaning
Main Features
Layout Designs of an Integrated Circuit
Infringement
Exercise
Chapter 20 Insurance Law
Introduction
Framework of the Law
The Insurance Act, 1938
Life Insurance Corporation Act, 1956
General Insurance Business (Nationalisation) Act, 1972
Insurance Regulatory and Development Authority (IRDA) Act, 1999
Insurance
Important Definitions
Functions of Insurance
Duties and Rights of Insurers
Duties of the Insurers
Rights of Insurers
Principles of Insurance
Types of Insurance
Life Insurance
General Insurance
Fire Insurance
Marine Insurance
Miscellaneous Insurance
Exercise
University Question Papers
Index
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