Contracts concepts

Question 1

Discharge of liabilities

Answer 1

1) when contract comes to an end
2) impossibility/frustration
3) when one party breach the contract
4) Substantially Alter the terms
5) where both parties agree to put an end

Question 2

Sec 62

Answer 2

Alteration of contract

Question 3

Sec 63

Answer 3

Dispense with or remit performance or increase time for performance. Changes made permanent

Central London case- lesser amount-final contract

Question 4

Damages for breach

Answer 4

Step 1: determine material or immaterial breach
Step 2:liquidated or unliquidated damages
Step 3: Reliance interest of expectation interest
Step 4: reasonably foreseeable - natural assumption or specific information

Question 5

Angelia Television v Reed

Answer 5

expenditure incurred before contract could be claimed, so long as it was within the contemplation of the parties

Question 6

Hadley v Bauxerdale

Answer 6

Test of remoteness

Question 7

Victoria Laundry v Newman Industries

Answer 7

Bigger washing machine- expectation interest-special circumstances excluded

Question 8

Sec 73

Answer 8

Hadley case+ Kailash Nath

Question 9

Kailash Nath v DDA

Answer 9

If genuine pre-estimate fixed by both parties- liquidated damage paid
Only reasonable compensation is paid- set amount-upper limit
If actual damage proved-liquidation damage not provided

Question 10

Sec 56

Answer 10

Impossibility/frustration

Question 11

Taylor v Caldwell

Answer 11

The the base of contract affected/cease to exist- implied excuse in law.

Question 12

Satyabhrata Gosh

Answer 12

Develop land-government take over- just hard not impossible- sec 56 apply over will of parties

Question 13

Energy Watchdog

Answer 13

Force majeure clause- negate sec 56

Power purchase agreement- electricity from coal- price rise- not in force majeure-impossible

Question 14

Sec 27

Answer 14

Restraint of trade void

Question 15

Sec 37

Answer 15

Must perform duty or promise to perform

Partial completion not acceptable- cutter case

Question 16

Sec 38

Answer 16

When offer to perform rejected- Promi’s or does not lose rights under contract -subject to conditions

Question 17

Sec 39

Answer 17

Promisor-refuse to perform wholly or disable himself- promisee May put an end to contract or allow to continue- any case can ask compensation

Question 18

Sec 40

Answer 18

Can appoint agent

Question 19

Sec 41

Answer 19

If obligation fulfilled by agent-can’t ask original party to complete it

Question 20

Sec 46

Answer 20

Perform in Reasonable time if time not specified

Question 21

Sec 47

Answer 21

Time not specified- deliver during business hours

Question 22

Sec 49

Answer 22

Duty of Promi’s or to request promisee for place and time when not provided

Question 23

Sec 50

Answer 23

Manner of performance and time

Question 24

Sec 53

Answer 24

One party prevent other from performing, voidable at the instance of party prevented. Must pay damages to this party

Question 25

Sec 55

Answer 25

Performance on time is of essence- failure- voidable

Question 26

Essentials of misrep and fraud

Answer 26

1) false statement has to be made | 2) effective enough to make you give consent- but for test

Question 27

Sec 14

Answer 27

But for test and free consent

Question 28

Sec 19 explanation (2)

Answer 28

Unless induced to give consent- not misrep

Question 29

Without free consent

Answer 29

``` Step 1) sec 14 - free consent Step 2) if essentials met Step 3) sec 19 -voidable Step 4) sec 64 Step 5) sec 75 ```

Question 30

Sec 17

Answer 30

Fraud- can be by party or accomplice

Question 31

Sec 17(2)

Answer 31

Fraudulent concealment- duty to speak 1) by law 2) concealment while negotiation 3) when truth become false

Question 32

Sec 23

Answer 32

Unlawful consideration -void

Question 33

Sec 24

Answer 33

Application 23- when one part of consideration legal but other illegal-no concept of sever ability- void

Question 34

Sec 26

Answer 34

Agreements in restraint of marriage void

Question 35

Sec 26

Answer 35

Agreement in restraint of marriage void. Except in case of minors where it’s helping the law

Question 36

Sec 28

Answer 36

Agreement in restraint of legal proceedings void

Question 37

Sec 30

Answer 37

Wager-void

Question 38

Sec 20

Answer 38

Mistake of essential fact-void-no meeting of minds

Question 39

Tarsam Singh v Sugmendar Singh

Answer 39

Land measurement case

Question 40

Sec 21

Answer 40

Mistake of law not a remedie

Question 41

Sec 22

Answer 41

Mistake on part of one party- not excused

Question 42

Sec 16

Answer 42

Undue influence

Question 43

Requirements of undue influence

Answer 43

1) one party must be in a position to dominate 2) party must use this position 3) to gain unfair advantage

Question 44

Raghunath Prasad v Sanju Prasad

Answer 44

Add compound interest- figure multiply 11 times- Court ask to prove undue influence first before unconscionable

Question 45

Subhas Mushib v Aaya Prasad

Answer 45

Grandfather gave away property-elder son sue-16(2) exhaustive of all positions

Question 46

Sec 13

Answer 46

Consent- mirror image rule

Question 47

Sec 14

Answer 47

Free consent vitiated

Question 48

Sec 19

Answer 48

Voidability of agreement without free consent

Question 49

3 solutions to issues arising out of contracts

Answer 49

1) Damages 2) Specific Performance 3) Restitution

Question 50

Sec 15

Answer 50

Coercion

Question 51

Steps for coercion

Answer 51

Step 1) look at act Step 2) whether it’s forbidden under IPC or threat to chattel Step 3) if yes, then coercion

Question 52

Chikum Anvaris v Chikum Sushamma

Answer 52

Coercion-wide enough to cover 3rd party-husband threatened suicide

Question 53

Askari mirza v Bibi Kishori

Answer 53

Threat to sue for crime actually committed is not coercion

Question 54

Steps for economic duress

Answer 54

1) illegitimate pressure 2) substantive enough to make you give consent 3) no alternatives 4) if not for consent face economic duress

Question 55

Sec 11

Answer 55

Who are competent to contract

Question 56

Sec 68

Answer 56

Supplying given to incompetent person can be remembered

Question 57

Necessity

Answer 57

1) look at parties situation at that point of life | 2) Necessary at the point of contract

Question 58

Sec 12

Answer 58

What is sound mind

Question 59

Privity check

Answer 59

1) Whether have right to sue upon contract | 2) whether moving consideration