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Academic Year 2022-23

Semester - I
(Batch: 2022-2027)
Teaching Plan

LAW OF CONTRACTS

BY

Dr. Sakshi Tewari


(Course in-charge)

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

September, 2022 – January, 2023


1. INTRODUCTION

This course consists of two statutes, the Indian Contract Act, 1872 and the Specific
Relief Act, 1963. Both the statutes work at the root of every commercial activity;
since, an individual who is not doing any commercial activity may also be a part of
an agreement which is governed by both the statutes, hence, it is important to have
in-depth knowledge of this course.

The Indian Contract Act, 1872


The Indian Contract Act, 1872 came into force on September 01, 1872. The Act deals
with number of legal principles and various rights and obligations arising out of
contract. In our day to day life, we enter into number of agreements that we don’t
even realize that entering into such agreements is governed by number of terms &
conditions as laid down by the laws of contract. Also, legal obligations, or, legal rights,
against each other are very much dependent upon number of conditions that must
be fulfilled to term that agreement to be a contract. The court decisions provide the
basic source material of development of this subject and for finding out the recent
trends, some of the important rulings of the period between the present and
preceding areas of this course.
The Law of Contract in India was introduced in its present form during British India
period when the Indian Contract Act was enacted by the British Parliament in 1872;
and Specific Relief Act was enacted by the British Parliament in 1877. We can say
that the Law of Contract in India is specie of common law of England as number of
principles of common law of England was adopted in the Laws of Contract that was
introduced in India.
This course will include a study of general principles of contracts spelt out in Sections
1-75 of the Indian Contract Act, 1872.

The Specific Relief Act, 1963:


The law of specific relief was developed in England by Equity Courts. In England,
before the invent of law of specific relief, the only remedy was that of ‘damages’
under which the party in breach need not to perform the promise. Sometimes, the
damages Teaching Plan: Law of Contract pg. 3 would prove to be insufficient, so, in
order to obviate such hardships, the Equity Court developed certain reliefs called
‘Specific Relief’. The Specific Relief Act, 1963 takes care of a large number of remedial
aspects of law. It came in the replacement of the earlier Act of 1877. The objective
of this Act is to ensure that whenever there is a wrong there must be a ‘right’ to
remedy. The ‘rights’ and ‘duties’ are supplemented by legal devices to help an
individual to enforce his rights.
This paper includes Specific Relief Act, 1963 which defines and amends laws relating
to specific relief including specific performance of an immovable property. This Act
provides for specific relief for the purpose of enforcing individual civil rights and not
for the mere purpose of enforcing civil law. It includes all the cases where the Court
can order specific performance of an enforceable contract.

2. LEARNING OBJECTIVES

A. Objective (Knowledge, Skills, & Employability)

The overall objective of this course is to enable the students to:


1) To develop understanding of wide range of legal concepts, customs,
principles, rules and procedures related to the law of contract and
specific relief. (Knowledge)
2) To identify and analyse the debatable issues with the help of relevant
domestic and international case laws. (Skills)
3) To analyse contract law in the context of issues that can impact on
contractual relations, including fairness, inequality of bargaining power
and public policy. (Skills)
4) To examine the expanded role of contract and its enforcement in the
age of global business. (Employability)

B. Outcomes (Knowledge, Skills, & Employability)


The students will have following set of outcomes when they will complete this
course successfully:
1) Apply professional insights to deal with the intricacies of contract
formation, performance and termination. (Skills)
2) Identify & seek appropriate remedies for breach of contractual
obligations. (Employability)
3) Understand the economic, social and political context in which contract
law is applied. (Knowledge)
4) Appraise cases and identify issues raised concerned with contract law
and apply principles to problems. (Employability)
5) Develop skill to draft contract. (Employability)
6) Create Knowledge in the emerging areas of contract law. (Knowledge)

C. Subject Specific Activity


Law of Contracts will help student to understand general principles of contract
and apply them in solving contractual problems and in honing their drafting skills.
The pedagogy will be through lectures, power point presentations, group
discussions, guest lectures, and case analysis continuous discussion on
application of various rules and principles in relation to Law of Contracts.

3. LECTURES

A. Times and Attendance

Three lectures per week have been set aside for this course for each division. Verify
it from the Time Table assigned for each division. One should duly check related
notifications from ‘Academic Support’ as well as ‘Posts’ @Microsoft Teams. As per
Symbiosis International (Deemed University) Regulations, please note, “Students
are expected to attend minimum 75% of all scheduled sessions and other
forms of instruction as defined by the programme of study’’. The student
will not be eligible to appear for the examination if he / she fails to put in
the required attendance. The students can update themselves of their
attendance daily online in the ‘Attendance’ on iCloudEMS Portal at
https://siu.icloudems.com/corecampus/index.php
B. Mode of Delivery

This Course will be delivered in Synchronous (80%) and Asynchronous (20%) mode.
Session Plan, Lecture outlines (principally in the form of PowerPoint slides),
Handouts, reading material including e-Books, and Articles as applicable in a given
case, will be made available in ‘Class Material’-Files Tab @ Microsoft Teams. To
facilitate Teaching Plan: Law of Contract pg. 5 understanding of these lectures,
student should always read at least the relevant pages of suggested readings in
advance of each lecture.

C. Notifications

Students are informed that notice/s, if required, with respect Academic


Administration, will be sent, either by Course-In-Charge or Officer-In-Charge,
Academic Coordination, using ‘Posts’ @Microsoft Teams. Students are required to
keep themselves duly informed.

D. Lecture Outline :Synchronous Mode

Week 1 Lecture 1- Discussion of Teaching Plan


September 2,
2022

Lecture 2- Discussion of Teaching Plan


Lecture 3 - Module 1. Introduction:
1.1 Historical Background of Indian Contract Laws and
Week 2 1.2 Contract: Meaning, Nature and Types Major
September 9, Lecture 4
2022 1.3 Definitions under the Indian Contract Act, 1872
Module 2. Agreement (Section 2 till Section 10,
Indian Contract Act, 1872)
2.1 Formation of an Agreement
Doubt Clearing Session (Live)
Lecture 5
2.2 Intention to Create Legal Relationship;
2.3 Proposal and Acceptance and
2.4 Communication
Week 3 Lecture 6
September 16, 2.5 Revocation- Mode of Revocation of Offer; 2.6 E-
2022 Contract
Lecture 7
Module 3. Capacity to Contract (Ss. 11, 12, 64, 65,
68)
3.1 Legal Disability to Enter into Contract
Lecture 8
3.2 Minors, Persons of Unsound Mind;
3.3 Effects of Minors Agreement;
3.4 Persons disqualified by Law
Lecture 9
3.5 Liability for Necessaries Supplied to the Minor;
Module 4. Free Consent (Ss. 13 – 22)
Week 4 4.1 Consent – Definition;
September 23, 4.2 Free Consent and Vitiating Elements;
2022 4.2.1 Coercion;
4.2.2 Undue Influence
Lecture 10
4.2.3 Fraud ;
4.2.4 Misrepresentation;
4.2.5 Mistake;
4.3 Effect on Contracts influenced by any factor Vitiating
Free Consent
Lecture 11
Week 5
Module 5. Consideration (Ss. 23, 24 & 25)
September
5.1 Meaning and Nature of Consideration – Nudum
30,2022
Pactum;
5.2 Doctrine of Privity of Contract & its exceptions;
5.3 Exceptions of consideration;
5.4 Adequacy of Consideration: Present, Past and
Adequate Consideration;
5.5 Unlawful Consideration and its Effect;
5.6 Indian Contract Act, 1872: Sections 2(d), 2(f), 23
and 25
Lecture 12
Module 6. Limitations on Freedom of Contract (Ss.
23, 26 – 31)
6.1 Legality of Object;
6.2 Void and Voidable Agreements;
6.2 Void and Voidable Agreements;
Lecture 13
6.3 Agreements against Public Policy;
6.4 Agreements with Unlawful Consideration;

Doubt Clearing Session (Live)


Lecture 14
6.5 Agreements without Consideration;
Lecture 15
Week 6
6.6 Agreements in Restraint of Marriage
October 7,2022

Lecture 16
6.7 Agreements in Restraint of Trade

Lecture 17
6.8 Agreements in Restraint of Legal Proceedings
Week 7 Lecture 18
October 14,2022 6.9 Ambiguous and Uncertain Agreements
Lecture 19
6.10 Wagering Agreements – Its exception
Lecture 20
6.11 Contingent Contracts
Week 8
Lecture 21
October 21,2022
Module 7. Discharge of a Contract (Ss. 37 – 72)
7.1 By Performance
Lecture 22
7.2 Performance by Joint Promisors
Week 9
Lecture 23
October 28, 2022
7.3 Discharge by Novation - Remission
Lecture 24
Week 10 7.4 Accord and Satisfaction
November 4, 2022 Lecture 25
7.5 Appropriation of Payments
Lecture 26
7.6 Discharge by Impossibility of Performance - Doctrine
Week 11 of Frustration
November 11, Lecture 27
2022 7.7 Discharge by Breach - Anticipatory Breach - Actual
breach
Lecture 28
Module 8. Quasi – Contracts(Ss 68 – 72)
8.1 Concept and Classification
Week 12
Lecture 29
November 18,
Module 9. Remedies for Breach of Contract (Ss. 73, 74 &
2022
75)
9.1 Damages
Lecture 30
9.2 Types of Damages
Week 13
November 25,
Lecture 31
2022
9.3 Remoteness of damages
Lecture 32
9.4 Ascertainment of Damages
Week 14
Lecture 33
December 2, 2022
Module 10. The Specific Relief Act, 1963 Introduction to
the Act, 1963

Lecture 34
Recovery of Possession of Property
Week 15
Lecture 35
December 9, 2022
10.1 Specific Performance of Contract (Section 9, 10, 14,
15, 16, 20, 21, 22, 23 and 24)
Lecture 36
Week 16
Rescission of Contract
December 16,
Lecture 37
2022
Cancellation of Instruments
Lecture 38
10.2 Rectification of Instrument: Relevant Sections 26
Week 17
and 27
December 23,
Lecture 39
2022
10.3 Injunctions- Relevant Sections 36, 37, 38, 39 and
40.
Week 18 Lecture 40 – Revision
December 26,
2022 Lecture 41 – Revision

E. Lecture Outline: Asynchronous Mode

Asynchronous Mode

Video
Week/ Date Topics
Number
Module 10. The Specific Relief Act,
Video 1 1963:
Week 4
Introduction to Specific Relief Act, 1963
September
Recovery of Possession of Property:
19, 2022 Video 2
Recovery of Specific Immovable Property
Video 3 Recovery of Specific Movable Property
Video 4 Specific Performance of Contracts
Week 5
Contracts which cannot be specifically
September 26 Video 5
enforced
,2022
Video 6 Personal Bars to Relief

Doubt Clearing Session (Live)


Specific Relief (Amendment) Act, 2018
Week 6 Rectification and Cancellation of
Video 7
October 3 Instruments
,2022 Rescission of Contracts
Video 8 Declaratory Decrees
Video 9 Injunctions: In General
Week 7 Video 10 Perpetual Injunctions
October 10
Mandatory Injunctions and Injunctions to
,2022 Video 11
perform negative agreement

Doubt Clearing Session (Live)

The above-mentioned part of the course will be covered via asynchronous mode of
teaching, learning & evaluation. This part of course will be covered through following
three steps:

I. Asynchronous Teaching (15 minutes) followed by,


II. Learning Resources (Video, further reading (45 minutes); followed by,
III. Student Involvement Practice (15 minutes)
In following mode of teaching learning, attendance shall be granted to the students,
who shall participate in Student Involvement Practices as per instructions given by
Course-In-Charge.

*The schedule will be followed, subject to change/s dueto unforeseen/unavoidable


circumstances.

4. READING AND MATERIALS

A. Text Books: Law of Contract (Suggested Readings)


1. Pollock and Mulla, The Indian Contract and Specific Relief Acts, 14th Edition,
2012, LexisNexis and Butterworths Wadha
2. Avtar Singh, Contract and Specific Relief, 12th Edition, 2018, EBC
Publications. The Specific Relief Act - Suggested Readings:
3. Pollock and Mulla: Indian Contract and Specific Relief Acts (Vol. 1 and 2),
14th Edition, 2012, LexisNexis Publication
B. Prescribed Legislations (Law of Contract & Specific Relief Act)

• The Indian Contract Act, 1872


• The Specific Relief Act, 1963
• Information Technology Act, 2000
• The Indian Evidence Act, 1872
• Indian Limitation Act, 1908

E – Books:
Nevertheless, the text provides the basic reading for the course only. There is
much more to the Political Science III than this, and you will undoubtedly benefit
from undertaking some reading and study of your own. It is creditable if you, in
respect of the proper use of independent research and study, follow up in the Law
Library some of the case references, periodical articles or other material referred
to in the prime textbook or in class – or even to do some research of your own.
For supplementary reading, you could, for instance, begin by consulting the
relevant sections of the “alternative” texts placed on loan in the law library.
Thereafter you could engage in your own research, with particular reference to
eBooks, eJournals, Case Comments, Case Notes, Research Material on online
databases including Hein Online, Ebrary, EBC Reader, Westlaw India, LexisNexis,
SCC Online, AIR, Manupatra, CLA Online, Kluwer Competition Law, Kluwer
Arbitration; Kluwer Patent Law, JSTOR; Emerald, Teaching Plan: Law of Contract
pg. 10 EBSCO’S, Legit Quest, Sage Journals, International Taxation, Oxford
Handbooks; Sage Research Methods, Nature Journal, McGraw Hill Education India
E-Books, SCOPUS, Web of Science, Pearson E-Books etc.

C. List of Important Case Laws:


Formation of an Agreement: Intention to create legal relationship; offer and
invitation to treat; kinds of offer, communication, acceptance and revocation of
offer and acceptance; modes of revocation of offer - Indian Contract Act, 1872,
Sections (2-10)
1. Carlill v. Carbolic Smoke Ball Co. (1891-4) All ER Rep.127
2. Pharmaceutical Society of Great Britain v. Boots Cash Chemist
3. (Southern) Ltd. (1952) 2 All ER Rep. 456
4. Balfour v. Balfour (1918-19) All ER 860 (CA)
5. Bank of India v. O.P. Swarankar, AIR 2003 SC 858
6. Lalman Shukla v. Gauri Datt (1913) XL ALJR 489 (All.)
7. Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas &
8. Co., AIR 1966 SC 543
9. Harvey v. Facey (1893) AC 552
10. Felthouse v.Bindley (1862) 11 CB 869
11. Adams v. Lindsell (1818) 1 B&A 681
12. Entores Ltd. v. Miles Far East Corporation (1955) 2 QB 327

Consideration: Meaning; basis and the nature of consideration; Doctrine of


Privity of Contract and of consideration, its exceptions; Exceptions of
consideration: Indian Contract Act, 1872, Sections 2(d), 2(f), 23 and 25:-
1. Kedarnath Bhattacharji v. Gorie Mahomed (1886) 7 I.D. 64 (Cal.)
2. Doraswami Iyer v. Arunachala Ayyar (1935) 43 LW 259 (Mad.)
3. Abdul Aziz v. Masum Ali, AIR 1914 All. 22
4. Venkata Chinnaya Rau v. Venkataramaya Garu (1881) 1 ID 137 (Mad.)
5. Nawab Khwaja Muhammad Khan v. Nawab Husaini Begam (1910) LR37 I.A.
152
6. Dutton v. Poole, Court of KB, (1677) 2 Levinz 210;83 ER 523
7. Tweedle v. Atkinson 123 ER 762
8. Dunlop Pneumatic Tyre co. v. Selfridge & co. Ltd. 1915 AC 847.
9. Chinnaya v. Ramayya, ILR 4 Mad 137

Capacity to Contract: Legal disability to enter into contract - Minors, persons of


unsound mind; person under legal disability; lunatics, idiots; Restitution in cases
of minor’s agreement; Liability for necessaries suppliedto the minor - Indian
Contract Act, 1872, Sections 10, 11, 12, 64, 65, 68; Specific Relief Act, 1963,
Section 33; Indian Teaching Plan: Law of Contract pg. 11 Majority Act, 1875:-
1. Mohori Bibee v. Dharmodas Ghose (1903) 30 I.A. 114
2. Leslie v. Sheill (1914) 3 KB 607
3. Khan Gul v. Lakha Singh, AIR 1928 Lah. 609
4. Ajudhia Prasad v. Chandan Lal, AIR 1937 All. 610
Free Consent: Free consent; Definition – Coercion, Undue influence, Fraud,
Misrepresentation and Mistake; Effect on contracts influenced by any
factorvitiating free consent - Indian Contract Act, 1872, Sections (13-22):-

1. Raghunath Prasad v. Sarju Prasad (1923) 51 I.A. 101


2. Lakshmi Amma v. T. Narayana Bhatta, 1970 (3) SCC 159
3. Derry v. Peek (1889) LR 14 AC 337
4. Cundy v. Thomas Lindsay (1878) LR 3 AC 459
5. Phillips v. Brooks (1919) 2 KB 243
6. Ingram v. Little (1961) 1 QB 31
7. Cooper v. Phibbs (1867) LR 2 HL 149
8. Bell v. Lever Bros. Ltd. 1932 AC 161 (HL)
9. Raffles v. Wichelhaus (1864) 2 H&C 906
10.Smith v. Hughes (1871) LR 6 QB 597 (DC)
Limitations on Freedom of Contract: Circumstances in which agreements
become void or voidable, Distinction between void and voidable agreements;
Unlawful Agreements; Public policy; Agreements with unlawful consideration in
part and objects; Agreements without consideration; Agreements in restraint of
marriage; Agreements in restraint of trade; Agreements in restraint of legal
proceedings; Ambiguous and uncertain agreements & Wagering agreements -
Indian Contract Act, 1872, Sections 23.

1. Gherulal Parakh v. Mahadeodas Maiya, AIR 1959 SC 781


2. Niranjan Shankar Golikari v. Century Spinning & Manufacturing Co. Ltd.,
AIR 1967 SC 1098
3. Central Inland Water Transport Corpn. Ltd. v. Brojo Nath Ganguly (1986)
3 SCC 156
4. D.T.C. v. D.T.C. Mazdoor Congress, AIR 1991 SC 101
5. Dhurandhar Prasad Singh v. Jai Prakash University, AIR 2001 SC 2552
Discharge of a Contract: Modes: Discharge by performance; Frustration;
Supervening impossibility of performance; Grounds of Frustration and its effect;
Discharge by Agreement and Novation – Indian Contract Act, 1872, Sections (37–
67).

1. Satyabrata Ghose v. Mugneeram Bangur & Co., AIR 1954 SC 44


2. M/s. Alopi Parshad & Sons Ltd. v. Union of India, AIR 1960 SC 588
3. Taylor v. Cadwell (1863) 3 B&S 826 Teaching Plan: Law of Contract pg. 12
4. Hochester v. De La Tour (1853) 2 E&B 678
5. Frost v. Knight (1872) LR 7 Exch 111

Remedies for Breach of Contract: (a) Damages; Types of Damages; Basis of


Assessment of Damages; Remoteness of Damages and Measures of Damages;
Mitigation of Damages; Penalty & Liquidated Damages – Indian Contract Act,
1872, Sections (73–74).

1. Hadley v. Baxendale (1843-60) All ER Rep. 461


2. Columbia Saw Mill v. Nettleship (1868) LR 3 CP 499
3. Fateh Chand vs BalKrishna Das AIR 1963 1405
4. Maula Bux v. Union of India, AIR 1970 SC 1955
5. Shri Hanuman Cotton Mills v. Tata Air Craft Ltd., 1969 (3) SCC 522
6. Ghaziabad Development Authority v. Union of India, AIR 2000 SC 2003
7. Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd. (2003) 4 SCALE 92

Quasi–Contracts: Obligations resembling those created by Contract (Quasi


Contracts): Concept and classification - Indian Contract Act, 1872,Sections (68-
72).

1. State of West Bengal v. B.K. Mondal & Sons, AIR 1962 SC 779

Specific Relief Act, 1963

1. Wood v. Rowcliffe (1844) 3 Hare 304


2. Falcke v. Gray (1859) 4 Drew 651
3. Vijay Kumar & Ors. V. Om Prakash October 10, 2018
4. M.S. Madhusoodanan v. Kerala Kaumudi P. Ltd. (2004) 9 SCC 204
5. Chand Rani v. Kamal Rani (1993) 1 SCC 519

5. ASSESSMENT

Law of Contract is a four-credit course, so you will be examined in this course for
100 marks. In totality, you will be examined in this course by Internal (40%) and
External Assessment (60%) format. Internal examination will be conducted for 40
marks.
Internal Continuous Evaluation:
Internal Continuous Evaluation will be conducted for 40 marks, which will include
“Project, Case Analysis, Two Quizzes – I & II and a Tutorial”.
 First Mode of Internal Continuous Evaluation – Project (10 marks)
 Second Mode of Internal Continuous Evaluation – Case Analysis (10
marks)
 Third Mode of Internal Continuous Evaluation - Quiz (5 marks)
 Fourth Mode of Internal Continuous Evaluation - Tutorial (10 marks)
 Fifth Mode of Internal Continuous Evaluation - Quiz (5 marks)
Term End Examination:

The Symbiosis International (Deemed University) will conduct Term End Examination
for 60 marks at the end of semester. The question paper shall consist of 10 objective
questions (2*10= 20 marks) and four subjective-type/cases and open
problems/questions (4*10=40 Marks) with an alternative (Total= 60 marks).

6. INTERNAL CONTINUOUS EVALUATION: MODE AND SCHEDULE

Each student will have to attempt each of the above evaluation modes on all the
occasions. The details pertaining to the internal Continuous Evaluation modes are as
follows:

A. Project Mode and Schedule

The first Component is Research Project, where each learner will be required to
review the allotted project to be evaluated out of 10 marks. The Project Topic will be
allotted by the Course-in-Charge, keeping in mind students’ preferences, if any. The
Research project is aimed at improving research and analytical skills in order to
digress from the standard lecture and test format sources and ensure students’
academic learning is more challenging and rigorous.
The details about the rules and format of submission are annexed with this document.
(Refer to Enclosure A).

Project–Submission Guidelines: Project - Submission Guidelines: Please note that


students are required to submit their research projects to Dr. Sakshi Tewari, Assistant
Professor, on or before the date of submission. The project should state the details
of the learner (Name, PRN, Division, and Programme). The project must be
accompanied with a Turnitin-generated plagiarism report. No submission will be
accepted without the plagiarism report. As per the anti-plagiarism rules, projects with
more than 10% plagiarized content shall Teaching Plan: Law of Contract pg. 14 be
marked zero.

Following are the guidelines for the project:


Project Topics will be allotted by Course In charge, Dr. Sakshi Tewari. 2. Word Limit
(Not more than 1500 words). 3. Complete Plagiarism report generated via Turn-it-in
shall be submitted. 4. Turnitin report highlighting content similarity of Index should
be of ≤10%. Similarity index more than 10 % shall invite strict actions and the learner
shall be awarded “zero” marks for the project. 5. Despite the report’s content
similarity being lower, if the Course-in-charge identifies any form of plagiarism,
undetected by Turnitin, the learner will have to face a penalty of negative marking
(Negative marking of up to five marks). 6. Students shall have to submit the same
report on MS Teams as generated on Turnitin. Kindly note that if there is any
discrepancy in the Turnitin report and report submitted @ MS Teams, the learner
shall face a negative marking upto 5 marks.

Pertinent details respect to generation of Turnitin Report and its upload on


‘Assignment @Microsoft Teams' are as follows:
a. Classes – course wise for Batch 2022-2027 at Turnitin will be created
b. Upload complete assignment in your respective Class @Turnitin
c. Once the Turnitin report is generated, download it and then upload the
same report as is generated on ‘Assignment @Microsoft Teams', as
applicable in a given case, for evaluation.

Late submission will invite the deduction of 1.5 marks per day. Deduction of the
marks to be calculated from the last date of submission.

The learners shall be evaluated based on the following header of the project topic:

a. Cover Page (See Annexure A)


b. Index
c. Introduction-
d. Research Objectives–
e. Main Body
f. Conclusion
g. Footnotes

Parameters Weightage of Marks


Research Methodology - IRAC 8 Marks
Referencing 2 Marks

The schedule of the Project is as follows:

Schedule – Project
Allotment of Topics
Date of
Submission Results
Allotment of Topic Allotment of
Topic
List of topics will be October 11,
September 6, September
uploaded @ ICE Microsoft 2022
2022 29, 2022
Teams

B. CASE ANALYSIS:

The second mode of internal continuous evaluation is a Case Analysis. Wherein each
learner shall be given one landmark case law from the different topics of the course.
The list of the case laws will be uploaded on Microsoft Teams portal by Dr. Sakshi
Tewari. The case analysis must be accompanied with a Turnitin-generated plagiarism
report. No submission will be accepted without the plagiarism report. As per the
antiplagiarism rules, case analysis with more than 10% plagiarized content shall be
marked zero. Following are the guidelines for the project.
a. Case Topics will be allotted by Course In charge, Dr. Sakshi Tewari.
b. Word Limit (Not more than 1500 words).
c. Complete Plagiarism report generated via Turn-it-in shall be submitted.
d. Turnitin report highlighting content similarity of Index should be of
≤10%. Similarity index more than 10 % shall invite strict actions and
the learner shall be awarded “zero” marks for the analysis.
e. Despite the report’s content similarity being lower, if the Course-incharge
identifies any form of plagiarism, undetected by Turnitin, the learner will
have to face a penalty of negative marking (Negative marking of up to five
marks).
f. Students shall have to submit the same report on MS Teams as
generated on Turnitin. Kindly note that if there is any discrepancy in
the Turnitin report and report submitted @ MS Teams, the learner
shall face a negative marking upto 5 marks.
Pertinent details respect to generation of Turnitin Report and its upload on
‘Assignment @Microsoft Teams' are as follows:
a. Classes – course wise for Batch 2022-2027 at Turnitin will be created
b. Upload complete assignment in your respective Class @Turnitin
c. Once the Turnitin report is generated, download it and then upload the same
report as is generated on ‘Assignment @Microsoft Teams', as applicable in a
given case, for evaluation.
Late submission will invite the deduction of 1.5 marks per day. Deduction of the
marks to be calculated from the last date of submission.
The learners shall be evaluated based on the following header of the case analysis
topics:
(a) Facts and legal issue of the case (5 marks)
(b) Analysis of the case (5 marks)

Schedule – Case Analysis


Allotment of Topics
Date of
Submission Results
Allotment of Topic Allotment of
Topic
List of topics will be
November 1,
uploaded @ ICE Microsoft October 10, 2022 November 12,
2022
Teams 2022

C. QUIZ I Mode and Schedule:

The third mode of internal continuous evaluation will be Quiz-I and shall be conducted
via online mode from the part of the course delivered via online mode and shall have
5 multiple choice questions of 1 mark each.
There is no negative marking. The duration of the quiz shall be 15 minutes. The Quiz
shall be prepared in the form of the fill in the blanks, true/false, Statement /Code,
Paragraph based, Data Based, Logical Sequence, matching questions relating to the
subject. The goal of the tutorial is to prepare, motivate and help the students
recall/remember what they learned. It aims at judging the knowledge and
Understanding of a student.

Schedule – Quiz I

Topic (Lecture Plan - Date Time


Asynchronous Mode)
Online Quiz 1 Video 1, 2, 3, 4, 5, 6 Topic: October 11, 04:00-04:15
2022 pm
Introduction to Specific Relief
Act; Recovery of Specific
Immovable Property; Recovery
of Specific Movable Property;
Specific Performance of
Contracts; Contracts which
cannot be specifically enforced;
Personal Bars to Relief

D. TUTORIAL: Mode and Schedule:

The fourth mode of internal continuous evaluation is Tutorial. There will be one
tutorial of 10 marks, minimum two questions of 5 marks each. The tutorial will be
“Open Book Test”. It is designed to ensure that the students practice their ability to
reflect and relate theories and improve their expression style in writing. It is aimed
at improving the writing, research, communication, and presentation skills. It is Open
Book Examination i.e. examinees are allowed to bring and use any material including
Books, Articles, Hand Written Notes, Hand Outs and alike printed material.

Schedule – TUTORIAL

Tutorial Test Result Topic


November December 6, Module 2: Agreement (Ss. 2- 10)
24, 2022 2022
2.1 Formation of an Agreement
2.2 Intention to Create Legal
Relationship
2.3 Proposal and Acceptance
2.4 Communication
2.5 Revocation- Mode of
Revocation of Offer
2.6 E-Contract
Module 3: Capacity to Contract
(Ss. 11, 12, 64, 65, 68)
3.1 Legal Disability to Enter into
Contract 3.2 Minors, Persons of
Unsound Mind
3.3 Effects of Minors Agreement
3.4 Persons disqualified by Law
3.5 Liability for Necessaries
Supplied to the Minor Module
4: Free Consent (Ss. 13 – 22)
4.1 Consent – Definition
4.2 Free Consent and Vitiating
Elements 4.2.1 Coercion
4.2.2 Undue Influence
4.2.3 Fraud
4.2.4 Misrepresentation
4.2.5 Mistake
4.3 Effect on Contracts
influenced by any factor Vitiating
Free Consent

E. QUIZ II: Mode and Schedule:

The fifth mode of internal continuous evaluation will be Quiz-II and shall be conducted
via online mode from the part of the course delivered via online mode and shall have
5 multiple choice questions of 1 mark each.
There is no negative marking. The duration of the quiz shall be 15 minutes. The Quiz
shall be prepared in the form of the fill in the blanks, true/false, Statement /Code,
Paragraph based, Data Based, Logical Sequence, matching questions relating to the
subject. The goal of the tutorial is to prepare, motivate and help the students
recall/remember what they learned. It aims at judging the knowledge and
Understanding of a student.

Schedule – Quiz II

Topic Date Time


(Lecture Plan - Asynchronous
Mode)
Online Quiz II Video 7, 8, 9, 10, 11. Topic: November 7, 04:00-04:15
2022 pm
Specific Relief (Amendment)
Act 2018; Rectification and
Cancellation of Instruments;
Declaratory Decrees;
Injections: In General;
Perpetual Injunctions;
Mandatory Injunctions and
Injunctions to perform negative
agreement

7. Administrative Arrangements and Contact Hours:

The Course In-Charge for Law of Contract is Dr. Sakshi Tewari. If any doubts remain,
kindly contact on the e- mail ID: [email protected].
Appendix ‘A’ – Front Page and Cover

Title of the project (centered on two or more lines)

----------------------------------------------------------------------------------

---------------------------------------------------------------

----------------------------------------------------

Submitted by

Name of the candidate

-----------------------------------------

Division.... Roll No....Class...

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), PUNE

In

Month, year

Under the guidance of

Dr. Sakshi Tewari


(Course-in-Charge, Law of Contracts)
Symbiosis Law School, NOIDA (email: [email protected])

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