Articles

Doctrine of Supervening Impossibility: Meaning, Application, Effects, and Suggestions

Doctrine of Supervening Impossibility: Meaning, Application, Effects, and Suggestions Author: Md. Kibria NurStudent, Southern University Bangladesh —————————————————————————————————————- 3 Quick Takeaways 1. Under Section 56 of the Indian Contract Act, 1872, a contract becomes void when its performance becomes impossible or unlawful due to an event that neither party could have prevented or foreseen at the […]

Doctrine of Supervening Impossibility: Meaning, Application, Effects, and Suggestions Read More »

Undue Influence under the Indian Contract Act, 1872: Ensuring Fairness in Contractual Consent

Undue Influence under the Indian Contract Act, 1872: Ensuring Fairness in Contractual Consent Author: Yashoda RajputStudent, Sage University Bhopal —————————————————————————————————————- 3 Quick Takeaways 1. Undue influence under Section 16 doesn’t require threats — it operates through relationships of trust and authority where one party dominates the other’s decision-making. 2. Once a dominant relationship and an

Undue Influence under the Indian Contract Act, 1872: Ensuring Fairness in Contractual Consent Read More »

Doctrine of Unconscionability in Standard Form Contracts

Doctrine of Unconscionability in Standard Form Contracts Author: Akansha AlangeStudent, Amity university, Mumbai —————————————————————————————————————- KEY TAKEAWAYS ABSTRACT Standard form contracts are universally used in modern commercial transactions. These contracts provide efficiency and consistency by saving time, resources, and legal expenses. However, the lack of negotiation means the party possessing greater bargaining power frames the terms

Doctrine of Unconscionability in Standard Form Contracts Read More »

Specific Performance of Contract: Legal Remedies & Requirements in India

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

Specific Performance of Contract: Legal Remedies & Requirements in India Read More »

RESTITUTION IN CONTRACT LAW: FILLING THE GAPS LEFT BY DAMAGES

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

RESTITUTION IN CONTRACT LAW: FILLING THE GAPS LEFT BY DAMAGES Read More »

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

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

Void vs. Voidable vs. Unenforceable Contracts: Clearing the Conceptual Confusion Read More »

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

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

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

Impact of the Pandemic on Commercial Contracts: The Frustration Defense

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.

Impact of the Pandemic on Commercial Contracts: The Frustration Defense Read More »

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

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

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

SIGNIFICANCE OF TIME IN COMMUNICATING ACCEPTANCE AND REVOCATION IN CONTRACT

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,

SIGNIFICANCE OF TIME IN COMMUNICATING ACCEPTANCE AND REVOCATION IN CONTRACT Read More »