Publications - The Lawscape

Specific Performance of Contract: Legal Remedies & Requirements in India

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Specific Performance of Contract: Legal Remedies & Requirements in India Author: Shreya JaiswalStudent, Usha Martin University —————————————————————————————————————- KEY TAKEAWAYS ABSTRACT When a party to a contract fails to perform their contractual obligation, the other party has two options: to insist on the actual performance of the contract, or to seek compensation for its non-performance. The […]

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RESTITUTION IN CONTRACT LAW: FILLING THE GAPS LEFT BY DAMAGES

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RESTITUTION IN CONTRACT LAW: FILLING THE GAPS LEFT BY DAMAGES Author: Rashneet KaurStudent, Apex University, Jaipur —————————————————————————————————————- KEY TAKEAWAYS ABSTRACT Contract law usually treats damages as the primary response to breach, while restitution is discussed only in limited contexts. This approach creates difficulties in cases where a contract never comes into force, becomes void, or

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Void vs. Voidable vs. Unenforceable Contracts: Clearing the Conceptual Confusion

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Void vs. Voidable vs. Unenforceable Contracts: Clearing the Conceptual Confusion Author: Krish GaurStudent, Apex School of Law, Apex University, Jaipur —————————————————————————————————————- 3 KEY TAKEAWAYS ABSTRACT Contract law deals with the idea that promises made between parties should be respected by law. If people enter into an agreement by following legal requirements, the law is expected

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Data as Consideration: Re-examining the Concept of Value under Modern Contract Law

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Data as Consideration: Re-examining the Concept of Value under Modern Contract Law Author: Priyanshi KhichiStudent, Indore Institute of law —————————————————————————————————————- Quick Takeaways INTRODUCTION Built into contract law is the idea that promises need a reason to count. Only when someone gives up something can their promise be backed by courts. Older views focused on physical

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Impact of the Pandemic on Commercial Contracts: The Frustration Defense

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Impact of the Pandemic on Commercial Contracts: The Frustration Defense Author: Rushikesh Suresh RautStudent, KCEs.S.S.Maniyar Law College, Jalgaon —————————————————————————————————————- Quick Takeaways Introduction Contract law is premised on the certainty that parties will honour their promises and perform obligations undertaken voluntarily. The stability of commercial relationships depends largely upon the predictability and enforceability of contractual commitments.

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Consideration under the Indian Contract Act, 1872: Meaning, Exceptions and Judicial Interpretation

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Consideration under the Indian Contract Act, 1872: Meaning, Exceptions and Judicial Interpretation Author: JyotiStudent, RBPU, Hoshiarpur Punjab —————————————————————————————————————- Quick Takeaways Introduction A contract is a legal agreement between two or more persons that creates rights and duties for everyone involved. In our daily life, we enter into contracts more often than we realize such as

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SIGNIFICANCE OF TIME IN COMMUNICATING ACCEPTANCE AND REVOCATION IN CONTRACT

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SIGNIFICANCE OF TIME IN COMMUNICATING ACCEPTANCE AND REVOCATION IN CONTRACT Author: Sadhana TiwariStudent, NLIU, Bhopal —————————————————————————————————————- Quick Takeaways Introduction There was no recorded presence of agreements between parties during the ancient and medieval periods. In those days, people religiously obeyed principles derived from the Vedas, Smritis, Shastras, etc. As the modern era came into being,

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BEYOND THE HANDSHAKE: THE LEGAL MECHANICS OF FREE CONSENT

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BEYOND THE HANDSHAKE: THE LEGAL MECHANICS OF FREE CONSENT Author: Khan Husnaara khatoon Iqrar AhmedStudent, Amity Law School, Mumbai —————————————————————————————————————- Quick Takeaways INTRODUCTION The principle of voluntary consent is fundamental to contemporary contract law. Beyond adhering to legal protocols, it upholds the notion that agreements should genuinely reflect the voluntary consent of all parties involved.

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The Legal Effects of Restraint on Legal Proceedings and Arbitration Clauses

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The Legal Effects of Restraint on Legal Proceedings and Arbitration Clauses Author: RashiStudent, Symbiosis Law School, Noida —————————————————————————————————————- Quick Takeaways Introduction Section 28 of the Indian Contract Act, 1872 states:“Agreements in restraint of legal proceedings are void.” The foundation of the Indian Contract Act, 1872 lies in the principle of freedom of contract; however, this

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