Foundations of Indian Contract Law | 2024

Foundations of Indian Contract Law | 2024

This new volume offers an in-depth analysis of the key principles and concepts in Indian contract law, providing insights into the interpretation of the Indian Contract Act of 1872 by exploring its historical, philosophical, and comparative roots.

With contributions from both practitioners and academics worldwide, the book adopts a carefully designed approach to address the gaps in traditional scholarship on Indian contract law. This approach is based on two main assumptions: (a) that the resolution of many complex issues in Indian contract law lies in the historical context of the Contract Act, and (b) while understanding the Contract Act requires a consideration of common law, it should not be presumed that Indian contract law fully aligns with common law in all complex matters. Consequently, each chapter thoroughly examines the legislative history of the relevant sections of the Contract Act.

Comprising 24 chapters and a concluding piece by Professor Hugh Beale (former Commercial Law and Common Law Commissioner at the Law Commission of England and Wales), the volume provides an authoritative analysis of a significant area of law, making it an essential resource for practitioners, scholars, and students with an interest in Indian contract law.

Table of Contents of Foundations of Indian Contract Law | 2024:

• Front Matter
• Copyright Page
• Preface
• Table of Cases
• Table of Legislation
• Abbreviations
• Contributors
• Part I General Themes
• 1 History and Drafting of the Indian Contract Act 1872
• 2 Legislative Design and the Codification Project

Jeannie Marie Paterson and Elise Bant

o   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
• 9 Coercion, Undue Influence, and Unconscionability

Shivprasad Swaminathan and Veda Singh

• 10 Fraud, Misrepresentation, and Mistake
• 11 Illegality

Thomas Sebastian and Aman Ahluwalia

• • 12 Restraint of Trade in India: Reason (Un)restrained?
  • 13 Performance, Breach, and Termination
  • 14 Frustration
  • 15 The Duty of Good Faith
  • 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

o    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
• Part IV Conclusion
• 24 Concluding Remarks

Hugh Beale

•         End Matter
• Index