B Law
B Law
B Law
Unit 1
Long
1 ans
The Indian Contract Act lays out all the provisions for the
performance of a contract. It also contains the provisions in case
of breach of contract by either party. Let us take a detailed look at
the available remedies for breach of contract.
Remedies for Breach of Contract
When a promise or agreement is broken by any of the parties we
call it a breach of contract. So when either of the parties does not
keep their end of the agreement or does not fulfil their obligation
as per the terms of the contract, it is a breach of contract. There
are a few remedies for breach of contract available to the wronged
party. Let us take a look.
1] Recession of Contract
When one of the parties to a contract does not fulfil his
obligations, then the other party can rescind the contract and
refuse the performance of his obligations.
So if any of the parties fails to perform the contract, the court may
order them to do so. This is a decree of specific performance and
is granted instead of damages.
4] Injunction
An injunction is basically like a decree for specific performance
but for a negative contract. An injunction is a court order
restraining a person from doing a particular act.
So a court may grant an injunction to stop a party of a contract
from doing something he promised not to do. In a prohibitory
injunction, the court stops the commission of an act and in a
mandatory injunction, it will stop the continuance of an act that is
unlawful.
5] Quantum Meruit
Quantum meruit literally translates to “as much is earned”. At
times when one party of the contract is prevented from finishing
his performance of the contract by the other party, he can claim
quantum meruit.
Short
1 ans
Say for example A offers to buy B’s car for rupees two lacs and B
accepts such an offer. Now, this has become a promise.
Unit 2
Long
1 ans
BAILMENT
The word ‘Bailment’ is derived from the French word ‘Bailer’
which means to deliver. The etymological meaning of bailment
is “handing over” or “change of possession of goods”. In legal
sense, it involves change of possession of goods from one person
to another for some specific purpose.
PLEDGE
A pledge is only a special kind of bailment, and chief basis of
distinction is the object of the contract. Where the object of the
delivery of goods is to provide a security for a loan or for the
fulfilment of an obligation, that kind of bailment is pledge.
It’s a contract
where goods are It’s a peculiar kind of
entrusted upon bailment in which the
by the bailor to pawnor delivers his
the bailee for the goods to pawnee as
1. Meaning fulfilment of security for a debt
certain objective owed to that person
after which the or performance of a
good/s is contract owned to
returned to the that person.
owner.
In this case,
there are two
In this case, there are
parties; Bailor-
two parties; Pawnor-
who gives the
who gives his good as
2. Parties goods for a
security for debt &
certain purpose
pawnee-who receives
& Bailee- who
the good.
is the receiver of
the good.
I.
Mercantile agent
There is as such
[section 178]
no bar or special
II. Pawnee can
provisions
further pledge the
10. Who can provided
goods to subsequent
undertake specifically
Pawnee provided he
pledge/bailment mentioning who
shall have the right to
can or cannot
do so as per his
enter into
interest on the
bailment.
property [section
179].
Short
1 ans
But, the words ‘not negotiable’ are significant as they restrict the
negotiability and thus, in the case of transfer, the transferee will
not give a title better than that of a transferor.
2 ans
In this case, the paying banker will pay the amount of cheque only
to the banker whose name appears in the crossing or to his
collecting agent.
Thus, the paying banker will honor the cheque only when it is
ordered through the bank mentioned in the crossing or its agent
bank.