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New Arrival Foundations of Indian Contract Law

Foundations of Indian Contract Law

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198893752
  • 出版时间 October 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,056.25

¥1,994.57 Save ¥61.68 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This new volume analyses the central doctrines and concepts of Indian contract law and provides guidance on the interpretation of the Indian Contract Act 1872 by examining its historical, philosophical, and comparative foundations.

    Featuring contributions from practitioners and academics from around the world, the book follows a methodology carefully calibrated to address the shortcomings in traditional Indian contract law scholarship. The primary presuppositions of this methodology are that: (a) the answers to many difficult questions of Indian contract law can be found in the history of the Contract Act; and (b) while it is difficult to understand the Contract Act other than against the backdrop of the common law, one should not assume that Indian contract law mirrors the common law on all difficult points. Each chapter therefore pays close attention to the legislative history of the relevant provision(s) of the Contract Act.

    Formed of 24 chapters and a conclusion by Professor Hugh Beale (former Commercial Law and Common Law Commissioner at the Law Commission of England and Wales), the volume presents an authoritative exposition of a branch of the law that is of considerable interest and great practical importance for practitioners, scholars, and students interested in Indian contract law.

  • Table of Cases
    Table of Legislation
    List of Abbreviations
    List of Contributors

    PART I. GENERAL THEMES
    1:History and Drafting of the Indian Contract Act 1872
    Warren Swain
    2:Legislative Design and the Codification Project
    Jeannie Marie Paterson and Elise Bant
    3:Contractual Interpretation
    Goh Yihan
    4:Migration of the Indian Contract Act 1872: The Case of Malaysia
    May Fong Cheong

    PART II. CORE CONCEPTS
    5:Formation
    Stelios Tofaris
    6:Consideration
    Nigam Nuggehalli and Ragini Surana
    7:Parties and Assignment
    Shantanu Naravane
    8:Incapacity and Its Consequences
    Neel Maitra
    9:Coercion, Undue Influence, and Unconscionability
    Shivprasad Swaminathan and Veda Singh
    10:Fraud, Misrepresentation, and Mistake
    KV Krishnaprasad
    11:Illegality
    Thomas Sebastian and Aman Ahluwalia
    12:Restraint of Trade in India: Reason (Un)restrained?
    Zhong Xing Tan and Umakanth Varottil
    13:Performance, Breach, and Termination
    Mihir Naniwadekar
    14:Frustration
    Nilima Bhadbhade
    15:The Duty of Good Faith
    Manasi Kumar and Poorna Mysoor
    16:Damages
    Katy Barnett
    17:Stipulated Sums and Limitation Clauses
    TT Arvind
    18:The Action for the Agreed Sum and Specific Performance in Indian Law
    Niranjan Venkatesan
    19:Rescission of Contracts Voidable for Lack of Free Consent
    Steven Elliott KC and Divya Behl

    PART III. SPECIAL CONTRACTS
    20:Indemnity and Guarantee
    Wayne Courtney
    21:Bailment and Pledge
    Gail Pearson
    22:Shareholder Agreements in India: An Unsettled Jurisprudence
    Nemika Jha and Vikramaditya S. Khanna
    23:Contracting with the State
    Chintan Chandrachud

    PART IV. CONCLUSION
    24:Concluding Remarks
    Hugh Beale
    Index

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