Course Plan - Law of Contract - I - B.B.A., LL.B., 2016 PDF
Course Plan - Law of Contract - I - B.B.A., LL.B., 2016 PDF
F01 (C)
IssueNo.04 Rev. No 4 Dated: June 7, 2014
Course
Law of Contract-I
Semester
Session
Batch
2016 -21
Subject Code :
LLBL101
No. of credits :
04
Prepared by :
Approved By
_______________________
HOD
UPES Campus
Energy Acres
P.O. Bidholi, Via Prem Nagar
Dehradun -248 007 (U K)
_______________________
Dean
Tel : +91-135-2770137
Fax : +91 135- 27760904
Website : www.upes.ac.in
COURSE PLAN
Subject:
Law of Contract- I
Duration:
A. OBJECTIVES
Law of contract being the pillar of the legal structure of modern society, the fundamental goal of
study is to make the students imbibe the principles underlying the legal postulates and propositions
of all contracts.
B. COURSE OUTCOME
At the end of the course, the students shall be able to understand the nuances of law of
contract and visualize its importance as the basis of all contracts generally and commercial contracts
specifically.
C. COURSE OUTLINE
Module 1: Introduction
a) Historical development of law of contract in England and India
b) Writ of covenant, debt, and obligation
c) Agreement under seal, penal bonds, origin of assumpsit
d) Misfeasance, malfeasance and nonfeasance
e) Development of consideration as the functional basis of transaction
f) Consensus-ad-idem, free consent versus fair consent, freedom of contract
g) Definition and Classification of Contracts
Module 2: Formation of Contract
a) Offer and acceptance
b) Basic requirement of a promise and a set of promises
c) Social agreement- intention to create legal relationship various rules of offer and
acceptance
d) Invitation to offer (intention, information and invitation) to be distinguished from offer
e) Various mercantile and trade practices in offer and acceptances price list, menu chart,
tender, quotation, auction, conditionality to be distinguished from the offer
f) Communication of offer, acceptance and revocation to be completed postal
communication rules distinction between British law and Indian Law
g) Standard form of contract and electronic contract
Module 3: Consideration
a) Meaning and need of consideration
b) Essentials of consideration
c) Doctrine of privity of contract and consideration
d) Exceptions to privity rule
e) Performance of existing duties
f) Adequacy of consideration
g) Kinds and exceptions to consideration
h) Promissory Estoppel
Module 4: Competence to enter into contract
a) Incapacity of person in law
b) Minority
c) Unsoundness of mind
d) Insolvency etc.
Module 5: Vires in an agreement for avoiding agreement
a) Coercion- definition- essential elements- duress and coercion- various illustrations of
coercion- doctrine of economic duress- effect of coercion, exterritorial jurisdiction, burden of
proof
b) Undue Influence- definition- essential elements- between which parties can it exist? Who is
to prove it? Illustrations of undue influence- independent advice- pardanashin women- effect
of undue influence
c) Misrepresentation definition - misrepresentation of law and of fact- their effects and
illustration
d) Fraud definition - essential elements - suggestio falsi-suppresio veri - when does silence
amounts to fraud? Active- concealment of truth - importance of intention
Module 6: Agreement void ab initio
a) Mistake definition - kinds- fundamental error - mistake of law and of fact their effects
when does a mistake vitiate free consent and when does it not vitiate free consent?
b) Legality of objects: Void agreements - lawful and unlawful considerations, and objects unlawful considerations and objects: forbidden by law, defeating the provision of any law,
fraudulent, injurious to person or property, immoral agreements, agreements against public
policy
c) Other void agreements:
i.
Agreements without consideration when valid
ii.
Agreements in restraint of marriage-its exceptions
iii.
Agreements in restraint of trade- its exceptions- sale of goodwill, restrictions, under
the Partnership Act, trade combinations, exclusive dealing agreements, restraints on
employees under agreements of service
iv.
Uncertain agreements
v.
Wagering agreement its exception, gambling, market game rule
vi.
Illegal and void agreements
Module 7: Discharge of Contract
a) Discharge by performance:
Conditional and Contingent contract, classification of terms and entire contracts,
contingent condition, promissory conditions, when contingent contracts become void, rules
of performance including joint promisor, joint promisee, time and place of performance,
condition precedent and condition subsequent part performance
b) Discharge by performance:
Novation, alteration and recession
c) Discharge by impossibility of performance:
Interactive approach during the study (students are supposed to come prepared for the
topics for discussion in the Class/ Presentations/ Viva-voce)
Work in small groups for Group Projects and personalized teaching
(Student counseling, tutoring, and individual/group projects/ assignments, exercises)
Random Questioning
Reflections
Lecture/Discussions
Term Paper/Project
Reading Groups
Viva Voce
Presentations (Paper/Project)
Case Analysis
Case Studies
Description
Weight age
Schedule
1. Continuous Assessment
30%
Detailed Below
2. Mid-term Exam
20%
Academic Calendar
50%
Academic Calendar
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description
Weight age
Schedule
1. Continuous Assessment
30%
Detailed Below
Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5
components:
S. no.
Particulars
Weightage
A
Two class tests/snap-test/quiz
20 Marks (02 X10 Marks)
B
Assignment
20 Marks
C
Project work
20 Marks (Abstract, Synopsis, final draft and presentation)
D
E
20 Marks
20 Marks
iv.
v.
vi.
c) Snap tests:
Two snap tests will be conducted, the schedule of which will be informed to the students a day before
each of the test. Each class test would be carrying 10% weightage. Therefore, class tests would carry
20% weightage i.e. 20 marks. It may contain multiple choice questions or short questions/key terms
covering modules as specified in the course plan and Research paper/ cases covered in the course
pack to ascertain whether the students could understand the basic concepts or not (max. 60 Minutes
each).
Students are encouraged to review research papers and write/publish papers jointly with the
faculty.
(For more on distribution of marks for internal assessment, see Annexure-III)
(For Internal Assessment Schedule i.e. details of submission/test dates, see Annexure-IV)
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less
than said percentage shall NOT be allowed to appear in the end semester examination. The
student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries/Laptops) are not permitted in classes during Tests
or the Mid/End examination. Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access the
LMS system regularly. Regularly, important information Date of conducting class tests, guest
lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The best way to
arrange meetings with us or ask specific questions is by email and prior appointment. All the
assignments preferably should be uploaded on LMS. Various research papers/reference material
will be mailed/uploaded on LMS time to time.
Module 1: Introduction
-
Module 1: Introduction
-
Development of consideration as
Session
(no.)
Readings
Cases:
Electronic contract
Module 3: Consideration
-
Essentials of consideration
10
Module 3: Consideration
-
11
Module 3: Consideration
-
Adequacy of consideration
12
Promissory Estoppel
Cases:
1.
2.
3.
4.
Module 4: Competence to enter into
contract
-
Minority
13
Cases:
Unsoundness of mind
Insolvency etc
14
15
Misrepresentation definition
16
17
18
19
20
21
22
23
Agreements in restraint of
marriage-its exceptions
24
Uncertain agreements
25
26
27
Discharge by performance
-
Cases:
28
Cases:
29
Discharge by Impossibility of
performance
-
30
31
32
Discharge by impossibility of
performance
-
Appropriation of payment
Assignment of contract
Discharge by Agreement
-
Novation
Remission
Alteration
Cases:
33
Discharge by breach
-
34
3.
4.
5.
Module 7: Discharge of contract
-
35
1.
Cases:
36
37
38
551.
Module 08: Remedies
-
39
40
41
42
Cases:
43
H: 2 REFERENCE BOOKS
J. Beatson, ANSONS LAW OF CONTRACT, 28th ed. (New York: Oxford University Press, 2002).
Michael Furmston, CHESHIRE FIFOOT AND FURMSTONS LAW OF CONTRACT, 15th ed. (New
York: Oxford University Press, 2007).
Neil Andrews, CONTRACT LAW, 1st ed. (Delhi: Cambridge University Press, 2011).
Richard Stone, THE MODERN LAW OF CONTRACT, 1st ed. (London: Cavendish).
Stephen A Smith, ATIYAHS INTRIDUCTION TO THE LAW OF CONTRACT, 6th ed. (New York:
Oxford University Press, 2006).
M A Sujan, CONCISE LAW OF GOVERNMENT CONTRACTS, 1st ed. (Delhi: Universal Law
Publishing Co. Pvt. Ltd., 1997).
Journals/Business Magazines:
All India Reporter
Business today
Business world
Corporate Law Advisor
Economic and Political Weekly
Indian Bar Review
Journal of the Indian Law Institute
Lawyers update
Lex Witness
Outlook
Supreme Court Cases
The Practical Lawyer
Yale Law Journal
G: 3 WEB SOURCES:
Database:
AIR
Ebscohost
Economic Outlook
Jstor
SCCOnline
Taxman
Westlaw
I. Instructions
a) Students are expected to read the concerned sessions contents in advance before coming to
the class.
b) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current practices,
examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their views
and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared
to appear for the viva and strictly appear on given time, otherwise, he/she will lose the
marks.
f)
Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.
-----------------------------------------------------------------------------------------------------------------
Annexure-I
ASSIGNMENT
FOR
Law of Contract - I
(LLBL101)
Under the Supervision of: Dr. Sujata Bali
(TO BE FILLED BY THE STUDENT)
NAME:
_______________________
SAP NO:
_______________________
ROLL NO
-------------------------------------
Define contract.
2.
3.
How are uncertain agreements governed under the Indian Contract Act,
1872?
4.
5.
14. Mr. Seth, an industrialist, has been fighting a long drawn litigation with Mr. Raman, another
industrialist. To support his legal campaign, Mr. Seth enlists the services of Mr. Shyam
Sethmalani, a legal expert, stating than an amount of five lakh rupees would be paid, if Mr.
Shyam Sethmalani does not take the brief of Mr. Raman. Mr. Shyam Sethmalani agrees, but,
at the end of litigation Mr. Seth refuses to pay. Decide whether Mr. Shyam Sethmalani can
recover the amount promised by Mr. Seth under the Indian Contract Act, 1872.
15. Maya owes money to Neha under a contract. It is agreed between Maya, Neha and Olive that
Neha shall henceforth consider Olive as her debtor instead of Maya. Referring to the
provisions of the Indian Contract Act, 1872, decide whether Neha can claim payment from
Olive.
16. Zaan rented out his house situated at Nainital to Wajid for a rent of ten thousand rupees. A
sum of five lakh rupees, the house tax payable by Zaan to the Municipal Corporation, being in
arrears, his house is advertised for sale by the corporation. Wajid pays the corporation, the
sum due from Zaan to avoid legal consequences. Referring to the provisions of Indian
Contract Act, 1872, decide whether Wajid is entitled to get the reimbursement of the said
amount from Zaan.
INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.
2. To answer your assignment questions you need to access multiple information
sources like
a.
b.
c.
d.
3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers
should capture and depict the current contemporary information.
Viva-voce would be conducted for those groups for the research project, if adequate
time for presentations is not there.
i)
Students are expected to read the concerned sessions contents in advance before
coming to the class. The Materials will be supplied in advance.
j)
The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, discussion, current
practices, examples, problem solving, brainstorming activities, role plays, group
discussions and presentations etc.
Plagiarism, in any form, will be least tolerated. Student, if found plagiarized, will be
subject to disciplinary action. To avoid plagiarism, the instructor recommends the
following:
------------------------------------------------------------------------------------------------------------
Annexure-II
LIST OF PROJECT TOPICS
S No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Project Topic
Agreements forbidden by law
Agreements in restraint of legal proceedings
Agreements in restraint of trade
Agreements without consideration
Anticipatory breach of contract
Communication and acceptance of offer
Communication of Acceptance
Contingent contracts
Declaratory relief
Discharge of contract by agreement
Doctrine of Frustration
Discharge of contract by performance
Duress, undue influence and unconscionable bargains
E-contracts
Entertainment contracts
Finder of lost goods
Fraud
Government contracts
General offers
History of law of contract
Non compete clause
Hospital contracts
Illegal and void agreements
Injunction
Lapse of Offer
Legality of object defeating any law in India
Legality of object on ground of immorality
Legality of object on ground of public policy
Liability of minors under the Indian Contract Act, 1872
Liability of persons of unsound mind under the Indian Contract Act, 1872
Liquidated damages
Measure of damages
Misrepresentation
Mistake
Past, Executed and Executory consideration
Performance of Existing Duties
Performance of Joint Promises
Privity of contract and consideration in English law
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken
b. The extent to which he/she has availed himself/herself of the work of others and
the portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in
collaboration with others.
6. A certificate to the effect that the project work carried out by the student
independently or in collaboration with other student(s) endorsed by the student shall
form the part of the submission for evaluation.
7. Every student who spends a specified period of time in an
industry/organization/institute for reasons of work related to his/her project work,
with prior permission from the Coordinator concerned will explicitly acknowledge
working in the relevant industry/organization/institute.
8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Turnitin). The report produced by the software
will necessarily be as per the standards prescribed by the university. If the report is
below standards the supervisor will reject the project and award zero marks.
Annexure III
CONTINOUS ASSESSMENT SHEET (___________)
Programme
Name
Faculty Name
Subject
Subject Code
Enrl. No.
Semester
Quiz/ Snap
Test
Assignment
20%
weightage
I
II
10
10
20%
weightage
Name
Project
Work/Case
Analysis/Co
urt Room
Exercise
20%
weightage
Report /
Viva /PPT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Annexure IV
VII
Subject
Grand Viva
Attendance
20%
weightage
20%
weightage
Total
100
Marks
S. No.
Date of
submission
Snap
Project
Grand
Test-II
Presentations Viva
Surprise 1st -15th Nov. 23rd29th
Nov.
*To be submitted in the scheduled class only. Abstract/synopsis/project submitted after due date will
attract negative marking.