Preface
In a commercial contractual world it is problematic to sail without the deep knowledge of the contract law as it is an important area of law, with roots deep in the history of civilization. According to Savigny “a contract is the concurrence of several persons in a declaration of intention whereby their legal relations are determined”. The Contract Law codifies the way we enter into a contract, execute a contract and implement terms of a contract and provide remedies in case of breach of a contract. The objective of this book to present the law in a simple and easy way so that the learner can understand the basic rationality of each and every statutory provision incorporated in the Indian Contract Act, 1872 and the Specific Relief Act, 1963.
In the Indian Contract Act the contractual capacity is restricted in certain situations otherwise it is the prerogative of the individual to contract as man has freedom to acquire as well as dispose the property according to his wishes. Usually the court and legislature do not intervene in the contractual bargain of person but if it is unreasonable then the courts has to bridle this power of the person in the great social interest and has to protect the property of others to maintain peace and security.
The Indian Contract Act, 1872, was enacted not to create new rules but to define and amend existing law. The Act contains 238 sections. The aim of this Act is not to inhibit the contractual rights and many of the provisions ensure this freedom by mentioning that if there is any contract to the contrary then the term and conditions of the contract will prevail and not the provisions of the sections.
Since ages, this branch of law is important branch of civil law that makes this subject a very important subject to understand. There are specific areas which deal with property, movable goods and specific performance such as the Transfer of Property Act, the Sale of Goods Act and the Specific Relief Act. Some of these Acts, were originally a part of the Indian Contract Act enacted in 1872 but were later codified as separate laws. The other areas like the Information Technology Act and IPR have also been suitably added. The book is divided into two parts. First part of
the book succinctly explains the provisions of the Indian Contract Act and the Second part explains the provisions of the Specific Relief Act, 1963. This book is useful for the students, academicians and advocates as an effort has been made to explain the provisions with sufficient clarity by adding examples as well as recent judgments on the subject.
Successful completion of work is the result of the blessings and guidance of motivating people and I wish to put on record my gratitude for the motivation given by Founder Chairman MATES, Dr. Nand Kishore Garg, a renowned philanthropist and a great educationist. I am also grateful to Sh. Vineet Kumar Lohia ji, Chairman, MATES, for inspiring guidance and steadfast support at every juncture. I am deeply grateful to the other members of the management for their constant encouragement and unwavering support at every step. Unflinching and resolute moral support and encouragement is provided by my husband Ashish Dhingra and my son Archit Dhingra to finish this book successfully. I express my gratitude to my parents-in-law Sh. Arjun Dhingra and Mrs. Veena Dhingra, my parents Sh. Jagmohan Malhotra and Mrs. Sudesh Malhotra and other members of my family for their inspiring and infallible support to me on each and every occasion. My special thanks to my colleagues and my friends. My special thanks to my publisher for publishing this work on time.
Delhi PROF. (DR.) RAJNI MALHOTRA DHINGRA
New
Competency of Parties and Legality of Object
Certain Relations Resembling those Created by Contract Quasi-Contract
Declaratory Decrees [Section 34]
PART III
PREVENTIVE RELIEF
SYNOPSIS
CHAPTER
Essentials:
2.2 TYPES OF OFFER
Other Types of Offer
2.2.1 Express Offer
2.2.2 Oral Offer
2.2.3 Implied Offer
2.2.4 Specific Offer -
2.2.5 General Offer
CASE LAW
General Offer of Continuing Nature.
Carlill v. Carbolic Smoke Ball Co.
2.2.6 Cross Offer
EXAMPLE
CASE LAW
Tinn v. Hoffmann , i.e
2.2.7 Counter Offer
CASE LAW
Air Engineers (P.) Ltd. v. N.K. Modi
2.2.8 Standing offer or Continuing Offer
CASE LAW
Bengal Coal Co. v. Homee Wadia and Co. ,
CASE LAW
Union of India v. Maddala Thathaiah
2.2.9
EXAMPLE
CASE LAW
Balfour v. Balfour -
CASE LAW
S.V.R. Mudaliar v. Rajababu , ’
2.3.2 Its terms must be certain
2.3.3 It must be communicated
CASE LAW
Lalman Shukla v. Gauri Datt, -
2.4 L APSE OF OFFER OR REVOCATION OF OFFER
Lapse of Offer or Revocation of Offer (Section 6)
2.4.1 By notice of revocation
ILLUSTRATION
2.4.2 By the Lapse of the Time
2.4.3 By the failure of the acceptor to fulfil a condition precedent to acceptance
ILLUSTRATION
2.4.4 By the death or insanity of the proposer
Law of Contract
AUTHOR : RAJNI MALHOTRA DHINGRA
PUBLISHER : TAXMANN
DATE OF PUBLICATION : AUGUST 2025
EDITION : 2ND EDITION
ISBN NO : 9789371266673
NO. OF PAGES : 648
BINDING TYPE : PAPERBACK
DESCRIPTION
Law of Contract presents the Indian law of obligations in clear and practical terms. It explains the logic of the Indian Contract Act 1872, and the Specific Relief Act 1963 through examples, charts, and case-based illustrations. As the backbone of civil and commercial relations, this Edition enables readers to understand contract formation, performance, discharge, enforcement, and remedies—grounded in updated Supreme Court and High Court rulings. This book is intended for the following audience:
• LL.B. (3-year & 5-year) & LL.M. Students
• Judicial Service & Competitive Exam Aspirants
• Law Teachers & Researchers
• Practitioners & In-house Counsel
The Present Publication is the 2nd Edition, authored by Prof. (Dr) Rajni Malhotra Dhingra, with the following noteworthy features:
• [Doctrinal Precision with Rationale] Statutory rules explained with policy context and key judgments
• [Illustration-led Learning] Hypotheticals, flowcharts, and comparison tables translate rules into outcomes
• [Case-law Integration] Concise principle statements for swift recall
• [Assessment Support] End-of-chapter MCQs, short notes, and problem questions with answer pointers
• [Remedies Made Practical] Specific performance, substituted performance, injunctions, declaratory relief, rectification, rescission, cancellation
• [Contemporary Relevance] E-contracts, e-signatures, standard-form terms, unconscionability, restitution
• [Aligned to BCI Syllabi] Depth and sequencing tailored to undergraduate teaching and exams
• [Author Expertise] Over two decades of teaching and editorial leadership; widely referenced scholarship
• [Teaching–Practice Bridge] Doctrinal clarity paired with courtroom relevance
• [Contextual Integration] Historical evolution and interfaces with property/commercial statutes
• [Pedagogical Integrity] Emphasis on reasoning over rote learning