contract-law

Aashish Barman, Jindal Global Law School, O.P Jindal University, Sonipat, Haryana ABSTRACT The Insolvency and Bankruptcy Code, 2016 (IBC) enforces an insolvency framework applicable to personal guarantors of corporate debtors with disregard to their protections under the Indian Contract Act, 1872 (ICA), on account of the overriding provisions of Section 238 of the IBC. The framework’s constitutio…

Contract law rests on a simple but powerful premise: when a party breaches, the law protects the injured party’s expectation interest, placing them, as nearly as possible, in the position they would have occupied had the contract been performed. This principle underlies the theory of efficient breach, which tolerates economically rational breaches so long as the non-breaching party is fully compe…

Garvit Arora, Amity University Noida ABSTRACT Contractual freedom has long been treated as a foundational premise of private law because it enables individuals and commercial entities to organise their legal relationships according to voluntarily accepted obligations. Traditional contract theory assumed that agreements emerged from meaningful bargaining between parties possessing relatively compa…

Divyam Vyas, Symbiosis Law School Pune, Symbiosis International (Deemed University) Sanvi Gupta, Symbiosis Law School Pune, Symbiosis International (Deemed University) Avanti Sowani, Symbiosis Law School Pune, Symbiosis International (Deemed University) ABSTRACT The Indian Contract Act, 1872 mentions the law of Indemnity in only a few sections, mainly Sections 124 and 125. At first glance, these …

Riya Saroha, Amity University, Noida ABSTRACT Freedom of contract is the fundamental principle of trade and commerce as it enables the parties to freely negotiate their legal relations by agreement. Nevertheless, this freedom of contract should not be unconditional because there is a need to exercise judicial control over contracts in order to avoid any forms of wrongdoings. Therefore, the main p…

If you’ve ever rented in the US, you’ve probably done this: You receive the lease… scroll quickly… and think: “Looks standard.” That assumption can be expensive. ⚠️ The problem nobody talks about Lease agreements often include things that aren’t obvious: hidden or loosely defined fees penalties buried in legal wording automatic renewal clauses conditions that only matter later And even if you rea…

Advt. Dr Rajdeepsinh B. Jadeja, High Court of Gujarat, Ahmedabad Adv. Dr Honey Govindbhai Thakkar, High Court of Gujarat, Ahmedabad ABSTRACT This paper thoroughly investigates the difficulties related to understanding construction agreements, which are naturally intricate because they involve numerous stakeholders, intricate technical details, and significant financial implications. The main aim …

Skip to main content Good Faith in Contract Performance: Market Associates Ltd. Partnership v. Frey - Volume 120 - Issue 5 - March 2007