Section Matter

S. 1 Short title, extent, commencement

S. 2(a) Proposal
S. 2(b) Promise
S. 2c) Promisor/Promisee
S. 2(d) consideration for the promise
Desire of the promisor
Consideration may flow to any other person
Privity to Contract
Natural Love and Affection
Compensation of Past voluntary services
Promise to pay a time barred debt
Real
Performance of Legal Obligation
Performance of Contractual Duty
S. 2(e) agreement
S. 2(f) reciprocal promise
S. 2(g) contract
S. 2(h) void
S. 2(i) voidable
S. 2(j) Become void
S. 3 Communication, acceptance and revocation of proposals
S. 4 Communication, when complete
S. 5 Revocation of proposals and acceptance
S. 6 Revocation how made
S. 7 Acceptance must be absolute
S. 8 Acceptance by performing condition
S. 9 Promise by act: express -implied
S. 10 Elements of a contract
S. 11 Competent to contract
MINOR
Doctrine of Restitution
Liability for Necessities
S. 12 Sound mind
S. 13 Consent
S. 14 Free consent
S. 15 Coercion
unlawful detention of prop.

S. 16 Undue Influence

S. 17 Fraud
suggestion of untrue fact- believes it to be true
active concealment
promise without intention to perform
 any other act fitted to deceive
law specifically declares to be fraudulent
*Mere silence is no fraud
*Duty to speak
*Silence is deceptive
*Change of circumstances
*Half Truths
S. 18 Misrepresentation
assertion of false fact- believes it to be true
unintentional breach of duty -advantage
innocently cause a party- mistake substance of the thing

S. 19 voidability of agreements without free consent

S. 19(A) Set aside -undue influence
S. 20 Both parties under mistake of fact
Mistake as to identity
Mistake as to subject matter
Mistake as to nature of promise
*Erroneous opinion
S. 21 Mistake of law
S. 22 One party- mistake of fact
S. 23 Lawful obj. lawful cons.
Forbidden by Law
Defeat the provision of any law
Fraudulent
injury; immoral or opposed to public policy
S. 24 void; obj or cons. Unlawful
S. 25 void; without consideration
S. 26 void; in restrain of marriage
S. 27 void; in restrain of trade
Sale of goodwill
Partnership Act
Restraints upon employees
Recovery of Training Expense
S. 28 void; in restrain of legal proceedings
Arbitration
Questions that have already arisen
Guarantee of a bank/fin. Inst.
S. 29 void for uncertainty
 Invitation to Offer/ Treat
General Offer
Standing/ Open/ Continuing Offer
Promisory Estoppel
S. 30 wagering agreement
horse race
of insurance in good faith
share market transaction
competition involving skills
atheletic competition
S. 31 contingent contracts
S.32 happening of uncertain future events
S. 33 non happening of uncertain future events
S. 34 future conduct of a living person
happening of specified uncertain event within fixed time
S. 35 non happening of specified uncertain event within fixed time
S. 36 impossible events
S. 37 performance of a contract
actual performance
assignment of contracts
assignment of liabilities
assignment of rights
unilateral cancellation of sale deeds
effects and formalities of assignment
attempted performance
S. 38 tender of performance
S.39 effect of refusal of party to perform promise wholly
anticipatory breach
S. 40 person by whom the promise is to be performed
himself
agent/ promisor
legal rep
S.41 third person
S.42 promise performed by all joint promisor
S.43 liability of joint promisor
S.44 release of one joint promisor
S. 45 devolution of joint rights
time, place and manner of performance
S.46 no specified time
S.47 time secified, hour not mentioned
S.48 time fixed, application to be made
S.49 no place specified, no application made
S.50 specified manner, prescribed time
performance of reciprocal promises
S.51 promisor not bound to perform unless reciprocal promisee ready and willing to perform
S.52 order of performance of reciprocal promises
S.53 liabilitity of party preventing event on which contract is to take effect
S.54 effect of default as to that promise which should be first performed in contract consisting of reciprocal
S.55 effect of failure to perform at a fixed time, in a contract in which time is essential
construction contracts
sale transactions
land and property dealings
allotment of plots
agreement of reconveyance
right of renewal and other personal priviledges
carriage by air
completion of term
sale of shares
time of reporting
non commercial matters
extention of time
consequences of failure
S.56 agreement to do impossible act
frustration
destruction of subject matter
change of circumstances
non occurrence of contemplated event
death/incapacity of party
govt, administrative or legislative intervention
intervention of war
application to leases
theories of frustration
theory of implied term
just and reasonable solution
effects of frustration
f. should not be self induced
f. operates automatically
adjustment of rights
S.57 reciprocal promise to do things things legal and also other things illegal
S.58 alternative promise, one branch being illegal
S.59 application of payment where debt to be discharged is indicated
S.60 application of payment where debt to be discharged is not indicated
S.61 application of payment where neither party appropriates
appropriator by debtor
appropriation by creditor
appropriation by law
S.62 novation, rescission and alteration
novation(change of parties)
novation(substitution of new agreement)
S.63 promisee may dispense with or remit performanceof promise
 acceptance of less sum
acceptance of payment under protest and additional work
extention of time
accord and satisfaction
estoppel
material alteration
S.64 consequences of rescission of a voidable contract
S.65 obligation of person who has received advantage under void agreement, or contract that becomes v
discovered to bevoid
pari delicto
quantum merit claims
becomes void
english law
S.66 mode of communicating or revoking rescission of voidable contract
S.67 effect of neglect of promisee to afford promisor reasonable facilities for performance
independent promises
rescission and restoration
S.68 Claim for necessaries supplied to person incapable of contracting, or on his account
S.69 Reimbursement of person paying money due by another, in payment of which he is interested
S.70 Obligation of person enjoying benefit of non-gratuitous act
S.71 Responsibility of finder of goods
S.72 Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
quantum meriuit
S.73 Compensation of loss or damage caused by breach of contract
exemplary damages
special damages
general damages
nominal damages
pre contract expenditure
duty to mitigate
remoteness of damages
damages for breach of confidence
S.74 Compensation for breach of contract where penalty stipulated for
liquidated damages and penalty
forfeiture of earnest money or deposit
forfeiture only when reasonable to do so
when loss is not to be calculated
S.75 Party rightfully rescinding contract, entitled to compensation
Case Law

Durga Prasad v. Baldev (shops )

Chinnaya vs Ramayya (mother daughter uncle)
Tweddle v. Atkinson (Father in law)
Rajlukhi Dabee v. Bhootnath Mookherjee (Husband-wife-dispute)

White v. Bluett (irritating his father)

Collins v. Godefroy (evidence in court -subpoena)
Stilk v. Myrick (extra money to crew)

Balfour v. Balfour; Merritt v. Merritt (Intention to enter into a legal relationship)

Lalman Shukla v. Gauri Dutt (missing boy -not entitled to reward)

J.K Enterprises v. State of Madhya Pradesh (wrong address -not received acceptance)

Carlill v. Carbolic Smoke Ball Co. (Influenza)

Upton Rural District Council v. Powell (Fire extinguisher Implied Contract)

Mohori Bibee v. Dhurmodas Ghose (mortgaged land)

Leslie Ltd. v. Sheill (lied about age- borrowed money-traceable in his possession) (no estoppel against minor)
Chapple v. Cooper (infant widow)

Raffles v. Wichelhaus (Peerless- Oct and Dec) {bilateral mistake}

Ranganayakamma v. Alwar Seti (Adoption- funeral)

Muthiah Chettiar v. Karupan (account book detained)
Workmen of Appin Tea Estate v. Industrial Tribunal (strike)
Manu Singh v. Umadat Pande (spiritual guru)
Wajid Khan Vs. Raja Ewaz Ali Khan (Pardanasheen)
Derry v. Peek (Board of Trade -no intention to deceive)
Edington v. Fitzmaurice (raise debentures - stated false cause)
Aktar Jahan Begum v. Hazarilal (defective title)
Keates Vs. Lord Cadogan (ruinous house sold)

With Vs. OFlanagan (sale of medical practice)

Curtis Vs. Chemical Cleaning and Dyeing Co. (drycleaner -damage)
R. v. Kylsant (dividends throughprofits from WW I) company in loss yet showing dividends
Oceanic Steam Navigation Comapany v. Soonderdas Dharamse (ship capacity 2800 tonnage)
Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd (distance travelled)

Car and Universal Finance Co. Ltd. Vs. Caldwell (car -sold after recession of contract)

Jaggan Nath v Secy of State of India (contract with brother -assumption of false identity)
Gustavus Couturier v. Robert Hastie (CARGO Non-existent) or Illustractions in the act
Raja Singh v. Chaichoo Singh (illiterate man -signed gift deed -lease of his land
State of Karnataka v. Stellar Constructions (mistake about the distance from which material had to be brought)

Ayekam Angahal Singh v. Union of India (Fishery rights)

Nandlal v. Thomas J. William (Liquor shop -void)

Fateh Singh v. Sanwal Singh (CrPC Surety) bail
Brown Jenkinson & Co. v. Percy Dalton Ltd (a promise of indemnity)
Ram Sarup Bhagat v. Bansi Mandar (slavery)

Durga Prasad v. Baldev (market -not at desire)

Lowe v. Peer (child marriage) money for child marriage. Unlawful object

Parasullah Mullik v. Chandra Kanta Das (boat business)

Firm Daulat Ram v. Firm Dharm Chand (ice factory)
Charlesworth v. MacDonald (physician and surgeon)
Nazir Maricar v. Marshalls Sons & Co. (5 years -abroad -18 months)

Koegler v. Coringa Oil Co Ltd

Guthing v. Lynn (Horse- Lucky)

 Pharmaceuticals Society of Great Britain v. Boots Cash Chemists Ltd.
Carlill v. Carbolic Smoke Ball Co. (Influenza)
Bengal Coal Co. v. Homee Wadia & Co (new order)
Pournami Oil Mills v. State of Kerala (sales tax)
defined in carlill v carbolic smoke balls

brahamadatta sharma v LIC of india

Gheru Lal Parekh v Mahadeodas Maiya

Subhash Kumar Manwani v State of MP (lottery on tennis)
Bashir Ahmad v Government of Andhra Pradesh
Bashir Ahmad v Government of Andhra Pradesh

Avery v Bowden

omisee ready and willing to perform

t is to take effect
first performed in contract consisting of reciprocal promises
ract in which time is essential

Bismillah Begum v Rahmatullah Khan

Caltex (India) Ltd v Bhagwan Devi Marodia

Hind Construction Contractors v State of Maharashtra

Paradine v Jane, Kings Bench
Krell v Henry
taylor v caldwell
Alopi Parshad & Sons Ltd v Union of India
Krell v Henry
Robinson v Davison
Man Singh v Khazan Singh
Tsakiorglou & Co Ltd v Noblee & Thorl
matthey v curling

other things illegal

is indicated
is not indicated
nder void agreement, or contract that becomes void

Krell v Henry

idable contract
onable facilities for performance

f contracting, or on his account

ther, in payment of which he is interested
Indu Mehta v State of UP

delivered, by mistake or under coercion

Craven-Ellis v Canons Ltd

Prema v Mustak Ahmed

simpson v london NWR company
hadley v baxendale
Charter v Sullivan
Anglia Television Ltd v Reed
Frost v Knight
Dominion of India v All India Reporter Ltd
Prema v Mustak Ahmed
stipulated for
Dunlop Pneumatic Tyre Co v New Garage and Motor Co Ltd
Fatehchand v Balkishan Das
Maula Bux v Union of India
ONGC v sawpipes ltd.
Case Law

Bhiwa v. Shivram (indescicive Bros )

Suraj Narain v. Sukhu Ahir (Ratification of a minors agreement)

Nash v. Inman (clothing)

Chikkam Ammiraju v. Chikkam Seshma (Threat of Suicide) (bros befor hoes)

Bengal Stone Co. Ltd. v. Joseph Hyam (Mortgagee)
Andhra Sugars Ltd. v. State of Andhra Pradesh (Statutory obligation)
Daila Ram v. Sarga (debtor-creditor/ exorbant rent)

Peek v. Gurney (not meant to mislead the party)

 Shri Krishan Vs. Kurushetra University (attendance)

Long Vs. Lloyd (defected lorry -affirmation of voidable contract)

Boulton v. Jones (takeover of business)

Cooper v. Phibbs (uncle-nephew-fishery mistake as to title or rights)
Hartog v. Colin and Shields (pound- piece -intention not expressed)
be brought)

Bhikanbhai v. Hiralal (Toll -not void)

Ragazzoni v. K. C. Sethia (South Africa -Law of friendly country)

Pearce v. Brookes (Prostitution -immorality)

Rao Rani v. Gulab Rani (2 widows -prop. -valid)

Sec. 11, 36, 54.

Nicolene Ltd. v. Simmonds (3000 tons of steel -usual cond. Of acceptance -no conditions -enforceable)
Harris v. Nickerson (auction)

Kedarnath Bhaattacharji vs Gauri Mohammed (howrah hall)

babasaheb v rajaram

Harbaksh Singh Gill v Ram Ratan

Bhudra Chund v Betts

tarapore & co v cochin shipyard ltd

Satyabrata Ghose v Mugneeram Bangur & Co

Metropolitan Water Board v Dick Kerr & Co Ltd

raja dhruv dev chand v raja harmohinder singh

chandler v webster

same as S. 11
Govindram Gordhandas Seksaria v State of Gondal
PC Wadhwa v State of Punjab
binstead v bux
state of banaras v kanhaiyya lal
Plinche v Colburn
Heron II, Koufos v C Czarnikow Ltd
 Ryder v. Woombwell (Jewellery)

os befor hoes)
 Oil and Natural Gas Corporation Ltd v SAW Pipes Ltd

Allcord v. Skinner (retrieve property after 6 months)

Phillip v. Brooke (identity not important)

Raffles v. Wichelhaus (Peerless -Oct and Dec- no consensus)

Hubbilal Sadashiv v. Mohd. Maqbool Ahmed Khan (Rent Control)

Surasaibalini Debi v. Phanindra Mohan Mazumdar (Income Tax)

Mohini Jain v. State of Karnataka (sale of seats/ capitation in public college)

acceptance -no conditions -enforceable)

Harvey v. Facey (Bumper Hall Pen)

Kong Yee Lone & Co v Lowjee Nanjee

China Cotton Exporters v Behari Lal Ramcharan Cotton Mills Ltd

sushila devi v hari singh

Port of the Trust, Madras v Bombay Company
State of WB v BK Mondal & Sons
Clyde Cycles v. Hargreaves (racing cycle)
 Leaf v. International Galleries (painter -5 years)

Said v. Butt (theatre -identity important)

Smith v. Hughes (oats -subject matter -liable to pay)

n in public college)
Mahabir Prasad Rungta v Durga Dutt
Secretary of State for India v Fernandes
indu mehta v state of UP