Contract Law

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The Indian Contract and Specific Relief Acts in 2 Vols

  Pollock & Mulla

2017

9788131252291

15 Ed

Hardback

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Description
Sir Frederick Pollock had observed in the Preface to the First edition that the Indian Contract Act was in effect, a code of English law. As principles of contract law in England had been to a great extent developed by English courts and not by legislation, the earlier editions of the work made considerable reference to English authorities. In England, several aspects of contract law are now governed by statute viz., Law Reform (Frustrated Contracts) Act, 1943, Misrepresentation Act, 1967, Unfair Contract Terms Act, 1977, Contracts (Rights of Third Parties) Act, 1999, Consumer Rights Act, 2015. The common law rule that a contract of insurance is a contract uberrimae fidei, based on utmost good faith, has in effect been abolished in UK by the Consumer Insurance (Disclosure and Representation) Act, 2012 and the Insurance Act, 2015. That it is not just common law determining an English decision prompted a relook at the format of this book and this edition focuses less on English decisions. Wherever possible, the position under the English law and other jurisdictions available in the earlier editions, has been shown at the end of the chapter or the end of the text under a particular sub-heading/heading; the position is unchanged where principles under the English law are intertwined with Indian law.

This is a 112 years old title on the Indian Contracts Act and the Specific Relief Act. When the book was first introduced in 195 by Sir Frederick Pollock and Sir Dinshaw Fardunji Mulla, it made reference to and relied on literal interpretation of several English authorities. Subsequently, the Courts in India began to apply the principles of Common Law to the facts of Indian society. This edition have retained the old style of referring to international case laws, by including important arbitration proceedings and decisions of highest courts from common law jurisdictions, such as Singapore, United Kingdom, Australia, Canada and Malaysia. Salient Features:-

• Comprehensive commentary on two main statutes governing law of contracts and remedies, i.e. Indian Contract Act, 1872 and Specific Relief Act, 1963

• In addition, it contains provisions of relevant sections of other statutes. Eg. Section 7 of the Indian Contract Act – “Acceptance must be absolute” in the context of Article 299 of the Constitution

• Section-wise commentary arranged under suitable headings

• The new edition incorporates all legislative changes and important judgments by the High Courts and Supreme Courts.

Contents
Volume 1
The Indian Contract Act 1872 (Act 9 of 1872)
Preamble
Preliminary - Section 1-2
Chapter I - Of Communication, Acceptance and Revocation of Proposals - Sections 3 to 9
Chapter II - Of Contracts, Voidable Contracts and Void Agreements - Sections 10 to 30
Chapter III - Of Contingent Contracts - Sections 31 to 36
Chapter IV - Of the Performance of Contracts - Sections 37 to 67
Consolidated Subject Index
Volume 2
Chapter V - Of Certain Relations Resembling those Created by Contract - Section 68 to 72
Chapter VI - Of the Consequences of Breach of Contract - Sections 73 to 75
Chapter VII - Sale of Goods - Sections 76 to 123 [Repealed by the sale of Goods Act, 1930 (3 of 1930), Section 65]
Chapter VIII - Of Indemnity and Guarantee - Sections 124 to 147
Chapter IX - Bailment - Section 148 to 181
Chapter X - Agency - Sections 182 to 238
Chapter XI - Partnership - Sections 239 to 266 [Repealed] Schedule : [Enactments Repealed]
The Specific Relief Act, 1963
Introductory
Part I - Preliminary - Section 1 to 4
Part II - Specific Relief
    Chapter I - Recovering Possession of Property - Sections 5 to 8
    Chapter II - Specific Performance of Contracts - Sections 9 to 25
    Chapter III - Rectification of Instruments - Section 26
    Chapter IV - Rescission of Contracts - Sections 27 to 30
    Chapter V - Cancellation of Instruments - Sections 31 to 33
    Chapter VI - Declaratory Decrees - Sections 34 to 35
Part III - Preventive Relief
    Chapter VII - Injunctions Generally - Sections 36 to 37
    Chapter VIII - Perpetual Injunctions - Sections 38 to 44
Appendices
Appendix A : The Indian Contract Act, 1872
Appendix B : The Specific Relief Act, 1963
Consolidated Subject Index

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The Indian Contract and Specific Relief Acts in 2 Vols

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