Contract Act 1872 Archives

Op Eds OP. ED.

The Enforceability of Arbitration Clauses in Draft Agreements

by Abhinav Agrawal* and Deepali Poddar**

Op Eds OP. ED.

Doctrine of Damages in India: A Comprehensive Legal Analysis of Recent Trends

by Abhishek Bhushan Singh* and Khushi Bansal**

Cases Reported Never Reported Judgments

NRJ Series| Proposal with several parts must be accepted/rejected in its entirety; acceptance of one part will at best be counter-offer and not a contract [(1954) 2 SCC 728]

This report covers the Supreme Court’s Never Reported Judgment on what constitutes as a contract, dating back to the year 1954.

Op Eds OP. ED.

Flying in the Face: How Consumer Forums are Ignoring the Fateh Chand Dicta

by Deepak Singh†

Cases Reported Never Reported Judgments

Never Reported Judgment| Seller must prove readiness and willingness to perform his part of contract to sustain his claim for damages for breach of contract [(1953) 2 SCC 52]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on damages for breach of contract.

Case Briefs High Courts

Punjab and Haryana HC grants relief to Shehnaz Gill; holds agreement as prima facie unfair with one party having superior bargaining power

Freedom of contract must be founded upon equality and bargaining power between the contracting parties. The party having less bargaining power is left with little or no choice but to accept the unfair and unreasonable terms imposed upon it by the party with superior bargaining power.

Cases Reported Never Reported Judgments

Never Reported Judgment | Rules of Stock Exchange are mere rules for regulation of business and do not affect general law of contract [(1952) 1 SCC 481]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on reciprocal promises in share transactions under the Contract Act, 1872.