1.

What are the definitions under the  Lawful object

Indian Indian contract act, 1872?  Identity of minds
Proposal Section 2 (a)  Capacity of contract
Promise Section 2 (b)
Promisor and promise Section 2 (c) Lawful consideration, legal
Consideration for promise Section 2 (d) relationship, possible to performance,
Agreement agreement Section 2 (e) terms must be certain
Reciprocal promise Section 2 (f) 5.What is consideration? And its
An agreement not enforceable by law is essentialss?
said to be void section 2(g)
Which is enforceable by law is a contract Introduction : configuration means
section 2(h) something in return contract without
2. What is offer? What are the essentialss consideration is void sec 25
of offer?
Essentialss
introduction; Section 2(a)
essentials conditions  Consideration must be at the
 Offer must be communicated desire of promissor
 Ascent  Consideration may come from any
 Offer must be clear or certain other person
 It must create legal relationship  Consideration can be present past
 Non compliance of offer would not and future
amount to acceptance  Consideration may be postive to a
 It is not an invitation to offer negative
 It may be positive or negative  Lawful consideration
 It may be general or specific  Consideration must be real and
 It may be conditional or must not be illusion
unconditional  Adequacy
 Value
Counter offer, cross offer
 Sue
Case loss: Mr Balfour versus miss Belfiore, Carlill  Not performing existing act
versus carbolic smoke ball company
6.Exceptions for consideration
3. What are the essentialss of
acceptance?  Natural love and affection
Introduction when a person shows his  Past voluntary service
assent or willingness to an offer it  Time bar debt
becomes acceptance  Gift
Essentials conditions for acceptance  Agent
 Absolute and unconditional
7.What is privity of contract and explain its
 Communicated exceptions?
 Time
 Before lapse of offer Introduction; a stranger to a contract
 Offeree cannot sue
 Silence is not an acceptance to Exceptions
offer  Trust
 Manor  Marriage settlements
 Reasonable manner  Partition
 Aware of offer  Immovable property
4. All contracts are agreements but all  Land (easement rights)
agreements are not contracts. Explain?
Conclusion : thus 3rd party which is a beneficiary
Introduction; Agreement enforceable by
can also sue
law is a contract sec 2(h)
Essentials conditions : sec 10
 Free consent (cufmm)
 Offer and acceptance
8. What is free consent? Explain undue Introduction; Mistake may be defined as
influence? Draw difference between coercion an incorrect or erroneous, which leads one
and undue influence party to misunderstand others
Section 20 deals with mistake by both the
 Consent section 13 parties. The contract is void, to the both
 Free consent section 14 parties are mistaken
 Coercion section 15 Section 21 mistake of Indian law will not
 undue influence section 16 make the agreement void, but the mistake
 miss representation section 17 of foreign law will make the agreement
 mistake section 18 void.
Section 22 contract caused by mistakes of
Coercion  un due one party as to matter of fact
influence
Types of mistakes
Section 15 of the section 16 of the
o mistake of law : 1. Mistake of own
Indian contract act Indian contract
act law, 2. Mistake of foreign law , 3.
Some relationships There must exist Mistake of private rights
may or may not some o mistake of fact : 1. Bilateral
exist between the relationship mistake 2. Unilateral mistake
parties to the between the
contract parties to the 11. What are the agreements opposite to
contract public policy?
Consent is obtained Consent is Meaning : an agreement which is against to the
under the influence obtained under
general public is said to be an agreement
of threat to commit moral influence
opposed to public policy and such an agreement
an act forbidden by taking the
law that is Indian advantage of the is unlawful and is void
penal code weaker position heads of public policy
of the other party
 trading with enemy
5. There exists Then exist use of
 stifling prosecution : when offence has
use of moral force or
physical mental pressure been committed it is necessary that
force offender must be prosecuted. And
agreement not to prosecute an offender
with our with droy pending prosecution this
9. Distinguish between void
misrepresentation and fraud?  maintenance and champerty
 trafficking in public offices
Miss Fraud  marriage brokerage agreements
representation
 interest opposed to duty
It is an innocent It is an willful mis
misstatement statement  parental right
The person making it The person  personal liberty
has no knowledge making the  marriage under section 26
as it’s untrue statement has  trade under section 27
full knowledge  goodwill
as to it’s untrue  partnership: existing partner,
Aggrieved party can Party can avoid dissolution ,outgoing partner, goodwill is
avoid the contract the contact and
sold
but cannot claim can claim
damages damages  judicial exceptions
Mis Representation Fraud is a tort  employees
by itself is not at a  trade combinations
tort  legal proceedings
 uncertain agreements sec 29
10 what is mistake? What are the  measuring agreements under section 30
effects of mistake?
 Grounds for specific performance

 No standard for accepting the actual

damage caused by the non performance
12.what are the relations resembling those
of contract applications
contract created by contract? Quasi contracts
 Non performance would not provide
A.introduction of contracts explain section 10 of adequate relief
Indian contract act  Substantial act
 Building; Generally contract building
following are the circumstances where the quasi
cannot be specifically enforceable
contract arises
1. Terms are specific
 nursery supply to an incompetent person 2. Plaintiff has substantial interest in
under section 68 performance
 payment by an interested person under 3. defendant and obtained the
section 69 position of land hey Cortana
 non gracious acts under section 70  mortgage
 Finder of goods under section 71  partnership act 1932
 Money paid by mistake or coercion under  part of contract
section 72 1. part left unperformed proportionally
small under section 12
13. What is frustration? How contract 2. part left unperformed considerably
discharge by frustration? large
A.Section 56 impossibility of performance of 3. separate and independent
contract act no specific performance in the following cases
 Initial impossibility  adequate
 Subsequent impossibility  skill
1. Destruction of subject  determination of contract
matter  arbitration clause
2. Non occurrence of state of  supervision of court
things necessary for
 unfair advantage to the plaintiff
performance
 hardship to the defendant
3. Death of promisor
 unequal agreement
4. Insanity of promisor
5. Change of law
6. War  16. What is an injunction? What are the
kinds of injunctions?
Non applicability of doctrine of frustration  Introduction; specific relief is given by
preventing the party from the Commission
 Difficulty in performance
of wrongful act is called prevent relief it is
 Commercial impossibility
granted at the descretion of the court by
 Failure of 3rd party an injunction
 Impossible induced by party by himself  Injunction; It is an order issued by the
 Strikes and lockouts court directing the person against whom it
 Failure of one of the several objects is issued to do or not to do an act
Effect of frustration :-  Kinds of injunctions : there are mainly 3
types of injunctions a) temporary b)
If the contract becomes void if the party receives perpetual or permanent c) mandatory
the benefit under the contract should be returned
14. Explain the provisions related to specific
performance of contract under the special
relief act 1963
A. In case of breach of contract, gadar party me
approach the court, to direct the party the contract
strictly as per its terms and conditions
15. What are the remedies in case of breach of
contract
Ans : introduction; If you party fails or
refuses to perform his presentative obligations
the breach of contract takes place and the
other party can enforce his rights in the court
of law
Types of remedies

 recision section 65 section 75

 damages section 73
 specific performance
 quantum meruit
1. subsequently discovered to be
void
2. abandoned
3. non gratuitous act
4. divisible
kinds of damages:
1. ordinary damages
2. nominal damages
3. exemplary damages
4. special damages
5. remote or indirect damages
penalty and liquidated damages