Full Description
This new volume analyses the central doctrines and concepts of Indian contract law and provides guidance on the interpretation of the Indian Contract Act 1872 by examining its historical, philosophical, and comparative foundations.
Featuring contributions from practitioners and academics from around the world, the book follows a methodology carefully calibrated to address the shortcomings in traditional Indian contract law scholarship. The primary presuppositions of this methodology are that: (a) the answers to many difficult questions of Indian contract law can be found in the history of the Contract Act; and (b) while it is difficult to understand the Contract Act other than against the backdrop of the common law, one should not assume that Indian contract law mirrors the common law on all difficult points. Each chapter therefore pays close attention to the legislative history of the relevant provision(s) of the Contract Act.
Based on a holistic analysis of the Contract Act's drafting history and its current interpretation, Foundations of Indian Contract Law is a carefully crafted volume providing the input needed to influence the Indian courts' approach to contract law, inform meaningful legislative reform, and, more broadly, catalyse a culture of critical scholarship on Indian private law.
Formed of 24 chapters and a conclusion by Professor Hugh Beale (former Commercial Law and Common Law Commissioner at the Law Commission of England and Wales), the volume presents an authoritative exposition of a branch of the law that is of considerable interest and great practical importance for practitioners, scholars, and students interested in Indian contract law.
Contents
Table of Cases
Table of Legislation
List of Abbreviations
List of Contributors
PART I. GENERAL THEMES
1: History and Drafting of the Indian Contract Act 1872
Warren Swain
2: Legislative Design and the Codification Project
Jeannie Marie Paterson and Elise Bant
3: Contractual Interpretation
Goh Yihan
4: Migration of the Indian Contract Act 1872: The Case of Malaysia
May Fong Cheong
PART II. CORE CONCEPTS
5: Formation
Stelios Tofaris
6: Consideration
Nigam Nuggehalli and Ragini Surana
7: Parties and Assignment
Shantanu Naravane
8: Incapacity and Its Consequences
Neel Maitra
9: Coercion, Undue Influence, and Unconscionability
Shivprasad Swaminathan and Veda Singh
10: Fraud, Misrepresentation, and Mistake
KV Krishnaprasad
11: Illegality
Thomas Sebastian and Aman Ahluwalia
12: Restraint of Trade in India: Reason (Un)restrained?
Zhong Xing Tan and Umakanth Varottil
13: Performance, Breach, and Termination
Mihir Naniwadekar
14: Frustration
Nilima Bhadbhade
15: The Duty of Good Faith
Manasi Kumar and Poorna Mysoor
16: Damages
Katy Barnett
17: Stipulated Sums and Limitation Clauses
TT Arvind
18: The Action for the Agreed Sum and Specific Performance in Indian Law
Niranjan Venkatesan
19: Rescission of Contracts Voidable for Lack of Free Consent
Steven Elliott KC and Divya Behl
PART III. SPECIAL CONTRACTS
20: Indemnity and Guarantee
Wayne Courtney
21: Bailment and Pledge
Gail Pearson
22: Shareholder Agreements in India: An Unsettled Jurisprudence
Nemika Jha and Vikramaditya S. Khanna
23: Contracting with the State
Chintan Chandrachud
PART IV. CONCLUSION
24: Concluding Remarks
Hugh Beale
Index
