CIA III AGREEMENT AND CONTRACT: A CONCEPTUAL ANALYSIS THROUGH CASE LAWS

TABLE OF CONTENTS

SERIAL NUMBER

CHAPTER NAME

PAGE NUMBER

1.

Analysis Of Definitions: Agreement & Contract

4.

What Agreements Are Contracts? 2. 9.

All Contracts Are Agreements, But All 3. Agreements Are Not Contracts 14.

E- Contracts And The Indian Contract Act, 4. 1872 17.

5.

Conclusion

19.

6.

Bibliography

20.

TABLE OF CASES

IBP Co. v. Ramashish Prasad Singh, (2006) 1 BLJR 132 (Pat): AIR 2006 Pat 91 Hyde v. Wrench, (1840) 3 Beav 334 Durga Prasad v. Baldeo, (1880) ILR 3 All 221 Tweddle v. Atkinson, (1861) 1 B & S 393 123 ER 762 Chinnayya v. Ramyya, (1876-1882) ILR 1-4 Mad 930 White v. Bluett, (1853) 23 LJ Ex 36 Falck v. Williams, (1900) A. C. 176 Bismillah v. Janeshwar Prasad, (1990) 1 SCC 207,211: AIR 1990 SC 540 Boulton v. Jones, (1857) 2 H&N 564 Mohori Bibee v. Dharmodas Ghose, (1903) 30 Cal 539: 30 IA 114 Chacko v. Mahadevan, (2007) 7 SCC 363, AIR 2007 SC 2967 BOI Finance Ltd. v. Custodian, (1977) 10 SCC 488, 506 Sahib Ram v. Nagar Mal, (1884) Punj Rec. no. 63 Ram Sarup v. Bansi Mandar, (1915) 42 Cal 742 Gaurinath Mookerji v. Madhumani Peshaker, (1872) 9 BLR App 37 Goswami Purushotamji Maharaj v. B. Robb, (1884) ILR 8 Bom 398 Sitaram v. Harihur, (1910) 35 Bom 169 Monmohini Guha v. Banga Chandra Das, (1903) 31 Cal 357 Sreenivasa Rao v. Rama Mohana, AIR 1952 Mad 579 Poonoo Bibee v. Fyez Buksh, (1874) 15 BLR App 5 Sindha v. Abraham, (1895) 20 Bom 755 Pestonji v. Bai Meherbai, (1928) 30 Bom LR 1407 UP Government v. Nanhoo Mal, AIR 1960 All 420 Jamila Khatoon v. Abdul Rashid, AIR 1939 Lah 165: 184 IC 105 Badu v. Badarannessa, (1919) 29 CLJ 230 Anant Das v. Ashburner & Co., (1875-77) ILR 1 All 267 (FB) Baroda Spg. & Wvg. Co. Ltd. v. Satyanarayan Marine & Fire Insurance Co. Ltd., (1914) 38 Bom 344 Hurnandrai v. Pragdas, 50 IA 9: 25 Bom LR 537: AIR 1923 PC 54 Carter v. The Agra Saving Bank, (1883) 5 All 562 A.R. Dennis & Co. v. Campbell, (1978) 1 All ER 1215 Baily v. De Crespigny, (1869) LR 4 QB

ANALYSIS OF DEFINITIONS: AGREEMENT & CONTRACT

Before analysing the definitions of agreement and contract it is essential to how an agreement comes into being and how that agreement becomes a contract. This can be done by simply understanding the process of formation of a contract. In its simplest form the contracting process can be depicted as follows: OFFER/PROPOSAL + ACCEPTANCE PROMISE AGREEMENT = PROMISE

+ CONSIDERATION = AGREEMENT + ENFORCEABLE = CONTRACT

The contracting process always begins with an offer, or in certain cases invitation to offer. A distinction can be made between the two through the test of intention, whether the person making the statement intends to be bound by it as soon as it is accepted or whether it requires performance of some further act before he becomes bound by it? In the former case, it is an offer/proposal, whereas in the latter case, it only amounts to an invitation to offer. S. 2(a): When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. This definition of a proposal makes it clears as to why making an offer is the first step to the contracting process. Certain key points in this definition are: His willingness, To do or abstain from doing, and View to obtaining the assent of that other.

These points are absolutely essential for a statement made to be called a proposal. His willingness shows that the party making the offer is keen on entering into a contract. To do or abstain from doing, the offer has to be made for a specific purpose. It can be for the performance of a certain act or to prevent the party from doing a certain act. And finally, view to obtaining the assent of that other. This is one of the most

important point as this assent determines whether an offer will go on to become a promise on acceptance of the offer or be dismissed on rejection of the offer. CASE: IBP Co. v. Ramashish Prasad Singh1, an oral assurance about the grant of dealership given by a person who had no authority to do so, held to be neither a promise nor a proposal. Offers can be of the following types: Cross offer Counter offer Standing offer

S. 2(b): When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. S 2(c): the person making the proposal is called the promisor, and the person accepting the proposal is called the promisee. An offer is general, anyone can make it, but acceptance is specific. Only the person to whom the offer is made can accept it. Importance of this definition is that it specifies the person to whom the offer is made; otherwise anyone who comes to know of the offer can accept it. And for offer to be become a promise it needs to be accepted. And a clear distinction should be made as to what is an acceptance and what is a counter offer. EXAMPLE: X offers to sell 50kg of rice at 40/kg. But Y says I am ready to buy 50kg of rice at 50/kg. This does not amount to acceptance of offer; it is merely a counter offer2. And in case of a counter offer the previous offer ceases to exist.
Rules that govern the acceptance of an offer:

Acceptance must be absolute and unqualified. Communicated to offeror. Acceptance must be in the mode prescribed.
1 2

(2006) 1 BLJR 132 (Pat): AIR 2006 Pat 91 Hyde v. Wrench, (1840) 3 Beav 334

 Acceptance must be given within a reasonable time before the offer lapses. Acceptance by the way of conduct. Mere silence is no acceptance. Silence does not per-se amounts to communication. S. 2(d): When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstain from doing something, such act or abstinence or promise is called a consideration for the promise. The conception of consideration in English Law is some detriment to the promisee or some benefit to the promisor. There is nothing in the definition of consideration in clause (d) that the benefit of any act or abstinence must go to the promisor3. It is for this very purpose that there is a need to analyse the definition of consideration to understand the meaning of consideration under Indian Contract Act, 1872. The first important point is at the desire of the promisor. The act or omission to do or promise to do constituting the consideration must have been done at the desire or request of the promisor. An act done at the desire of a third party is not a consideration. This was held in the case of Durga Prasad v. Baldeo4. D promised to pay a commission on the articles sold through their agency in a bazaar in which they occupied shops, in consideration of B having extended money for the construction of such bazaar. Such money had been expended by B at the desire of the Collector of the District. It was held that such expenditure was not consideration since it was not made at the desire of D. Promisee or any other person: In English Law it is well settled that the consideration must move from the promisee and the promisee only. In Tweddle v. Atkinson5, John Tweddle, father of William Tweddle, agreed with William Guy to pay William Tweddle 200 after marrying his daughter. The written agreement contained a clause which specifically granted William Tweddle the power to

Mulla, The Indian Contract Act, (13th edn., 2011) (1880) ILR 3 All 221 5 (1861) 1 B & S 393 123 ER 762
4

sue for enforcement of the agreement. William Guy died, and the estate would not pay and William Tweddle sued. It was held that:

Third parties to a contract do not derive any rights from that agreement nor are they subject to any burdens imposed by it.

Natural love and affection is not sufficient consideration in the eyes of the law.

But under Indian Law, however, consideration may proceed from the promisee or any other person. This is a departure from English Law. In Chinnayya v. Ramyya6 it was held that that a third person who was not a party to a contract could sue the promisor though the consideration proceeded from the third person's step-mother and not from the third person himself. Or promises to do or to abstain from doing something: Mutual promises These words convey in a somewhat indirect and inconspicuous manner the extremely important proposition that a contract may be formed by the exchange of mutual promises, each promise being the consideration for the other. In this case neither promise is of any value by itself but each of them derives its value from the exchange which makes them both binding7. Such act or abstinence or promise is called consideration for the promise: It will be observed that, according to the terms of the definition, it is only required that something should have been done, forborne, or promised at the request of the promisor8. It is a fundamental rule in the Common Law that though consideration need not be adequate, it must be something which is of some value in the eyes of law9. S. 2(e): Every promise or set of promises, forming the consideration for each other, is an agreement.

6 7

(1876-1882) ILR 1-4 Mad 930 Mulla, The Indian Contract Act, (13th edn., 2011) 8 Mulla, The Indian Contract Act, (13th edn., 2011) 9 White v. Bluett, (1853) 23 LJ Ex 36 (promise by son not to bore father, not good consideration).

The effect of clauses (a) to (f) is that an agreement is a promise or set of reciprocal promises; that a promise is formed by the acceptance of a proposal; and that there must be a promisor who makes the proposal and a promisee who accepts it. An agreement is a wider concept or a genus of which a contract is a species. Every contract is an agreement but every agreement is not a contract. S. 2(g): An agreement not enforceable by law is said to be void. S. 2(h): An agreement enforceable by law is valid. S. 2(i): An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract. From sections 2 (g) (i), contracts can be said to be of 3 types based on their enforceability: Void Valid Voidable

But we shall focus only on valid contracts. S. 10 of the Indian Contract Act, 1872, enumerates the essentials of a valid contract. S. 10: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared void. This section adds further qualifications about the contracts. The said qualifications are as under:1. Free consent of the contracting parties (vide section 13 to 22); 2. Competency to contract (vide section 11); 3. For a lawful consideration (vide section 23, 2(d) and 25); 4. Not declared void (vide sections 20,26,27,28,29,30 and 56); 5. In writing, if so required by law.
8

WHAT AGREEMENTS ARE CONTRACTS?

Any agreement is said to become a contract if it satisfies all the qualities of a valid contract enumerated under S. 10 of the Indian Contract Act, 1872, which are as follows: 1. Free consent of the contracting parties: Sections 13 22 deal with the free consent of the parties to contract. S. 13: Two or more persons are said to consent when they agree upon the same thing in the same sense: It requires the parties to agree upon the same terms of the contract in the same sense. It follows the maxim of consensus ad idem, which translates into meeting of minds such that such that there is no ambiguity with respect to the terms and conditions of the contract. We must understand by the same thing the whole contents of the agreement, whether it consists, wholly, or in part, of delivery of material objects, or payment, or other executed acts or promises10. Although, there may be apparent consent to the terms between the parties, real consent may not be found, and hence the agreement negative in the following situationsi. ii. Ambiguity11; and Fundamental error, as to-the nature of transaction12, the person dealt with13, or the subject-matter of the agreement14.
10 11

Mulla, The Indian Contract Act, (13th edn., 2011) Falck v. Williams, (1900) A. C. 176, (A cipher telegram without punctuation was bent in acceptance of previous offers. The meaning of the telegram depended upon whether one word in it was to be construed with the preceding words or with the subsequent ones. As the court held there was no reason pointing one way or the other, and as the parties differed in their interpretation, it was held that there was no contract.) 12 Bismillah v. Janeshwar Prasad, (1990) 1 SCC 207,211: AIR 1990 SC 540, (A man who has put his name to an instrument of one kind understanding it to be an instrument of a wholly different kind may be entitled, not only to set aside against the other party on the ground of any fraud or misrepresentation which caused his error, but to treat it as an absolute nullity, under which no right can be acquired against him by anyone.) 13 Boulton v. Jones, (1857) 2 H&N 564, (The acceptance of an offer not directed to the acceptor may occur by accident, as where a mans successor in business receives an order addressed to his predecessor by a customer who does not know of the change, and executes it without explaining the facts. Here no contract is formed.) 14 Falck v. Williams, (1900) A. C. 176

S. 14: Consent is said to be free when it is not caused byi. ii. iii. iv. v. Coercion, as defined in section 15, or Undue influence, as defined in section 16, or Fraud, as defined in section 17, or Misrepresentation, as defined in section 18, or Mistake, subject to the provisions of sections 20, 21 and 22.

Not only consent but free consent is declared by S. 10 to be necessary to the complete validity of a contract. Where there is no consent or no real and certain object of consent there can be no contract at all. Where there is consent, but not free consent, there is general a contract voidable at the option of the party whose consent was not free. 2. Competency to contract: Section 11 deals with the competency of the parties to contract. S. 11: Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. Competency to contract: This section deals with personal capacity in three distinct branches: i. ii. Disqualification by minority of age15; Disqualification by insanity16; (Note: S.12: A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.) iii. Other special disqualification prescribed by law.

To contract- That is, to bind himself by promise.

15

Mohori Bibee v. Dharmodas Ghose, (1903) 30 Cal 539: 30 IA 114(The Privy Council held that an agreement entered into by a minor is absolutely void.) 16 Chacko v. Mahadevan, (2007) 7 SCC 363, AIR 2007 SC 2967, (A sale deed of property was executed at a time when the transferor was suffering from alcoholic psychosis which was proved by a medical certificate. A very valuable land was sold for a paltry amount. The sale deed was ordered by the Supreme Court to be set aside. The Court said that unsoundness of mind is a finding of fact.)

10

3. For a lawful consideration: Sections 2(d), 23 and 25 deal with lawful consideration. S. 2(d) provides the definition of consideration under the Act; S. 23 enumerates what consideration is unlawful; and S. 25 enumerates exceptions to agreement without consideration.

S. 23: The consideration or object of an agreement is lawful, unlessit is forbidden by law17; or is of such a nature that, if permitted, it would defeat the provisions of any law*; or is fraudulent18; or involves or implies, injury to the person or property of another19; or the Court regards it as immoral20, or opposed to public policy. (* - this branch of the subject may be considered under three heads according to the object or consideration of an agreement which is such as would defeat, 1) The provision of any legislative enactment21, or 2) The rules of Hindu and Mahomedan law22, or 3) Other rules of law for the time being in force in India23.) The word object in this section is not used in the same sense as consideration, but it is used as distinguished from consideration, and it means purpose or design24. S. 25: An agreement made without consideration is void, unless(1) it is expressed in writing and registered under the law for the time being in force for the registration of *[documents], and is made on account of natural love and affection between parties standing in a, near relation to each other25 ; or unless

17

BOI Finance Ltd. v. Custodian, (1977) 10 SCC 488, 506, (Non-compliance of directions issued by RBI) 18 Sahib Ram v. Nagar Mal, (1884) Punj Rec. no. 63 19 Ram Sarup v. Bansi Mandar, (1915) 42 Cal 742 20 Gaurinath Mookerji v. Madhumani Peshaker, (1872) 9 BLR App 37, (A landlord cannot recover the rent of lodgings knowingly let to a prostitute who carries on her vocation there.) 21 Goswami Purushotamji Maharaj v. B. Robb, (1884) ILR 8 Bom 398 22 Sitaram v. Harihur, (1910) 35 Bom 169,(A contract entered into by Hindu living in Assam, by which it is agreed that, in the event of the husband leaving the village in which the wife and her friends resided the marriage shall become null and void, is contrary to the policy of Hindu law.) 23 Monmohini Guha v. Banga Chandra Das, (1903) 31 Cal 357 24 Sreenivasa Rao v. Rama Mohana, AIR 1952 Mad 579 25 Poonoo Bibee v. Fyez Buksh, (1874) 15 BLR App 5

11

(2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do26 ; or unless (3) it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits27.

4. Not declared void: Sections 20, 26, 27, 28, 29, 30 and 56 deal with this essential requirement. S. 20: Agreement void where both parties are under mistake as to matter of fact Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void28.

S. 26: Agreement in restraint of marriage void - Every agreement in restraint of the marriage of any person, other than a minor, is void29.

S. 27: Agreement in restraint of trade void - Every agreement, by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void30.

S. 28: Agreements in restraint of legal proceedings void. - Every agreement(a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights31; or

26 27

Sindha v. Abraham, (1895) 20 Bom 755 Pestonji v. Bai Meherbai, (1928) 30 Bom LR 1407 28 UP Government v. Nanhoo Mal, AIR 1960 All 420 29 Jamila Khatoon v. Abdul Rashid, AIR 1939 Lah 165: 184 IC 105 30 Badu v. Badarannessa, (1919) 29 CLJ 230 31 Anant Das v. Ashburner & Co., (1875-77) ILR 1 All 267 (FB)

12

(b) which extinguishes the rights of any party thereto, or discharges any party thereto from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to that extent32.

S. 29: Agreements void for uncertainty.-Agreements, the meaning of which is not certain33, or capable of being made certain34, are void. S. 30: Agreements by way of wager void -Agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made35.

S. 56: Agreement to do impossible act. An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful.-A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the Promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful36.

32

Baroda Spg. & Wvg. Co. Ltd. v. Satyanarayan Marine & Fire Insurance Co. Ltd. , (1914) 38 Bom 344 33 Hurnandrai v. Pragdas, 50 IA 9: 25 Bom LR 537: AIR 1923 PC 54 34 Carter v. The Agra Saving Bank, (1883) 5 All 562 35 A.R. Dennis & Co. v. Campbell, (1978) 1 All ER 1215 36 Baily v. De Crespigny, (1869) LR 4 QB

13

ALL CONTRACTS ARE AGREEMENTS, BUT ALL AGREEMENTS ARE NOT CONTRACTS

An agreement is a proposal and its acceptance, by which two or more person or parties promises to do abstain from doing an act. But a contract according to section 2(h) of the Indian Contract Act, "An agreement enforceable by law is a contract. It is clear from these definitions that the elements of a contract are (a) Agreement Contractual Obligation (b) Enforceability by Law. We can say that (a) All contracts are agreements, (b) But all agreements are not contracts. (A) All Contracts are Agreements For a Contract to be there an agreement is essential; without an agreement, there can be no contract. As the saying goes, "where there is smoke, there is fire; for without fire, there can be no smoke". It could will be said, "where there is contract, there is agreement without an agreement there can be no contract". Just as a fire gives birth to smoke, in the same way, an agreement gives birth to a contract. Another essential element of a contract is the legal obligation for the parties to the contract, there are many agreements that do not entail any legal obligations. As such, these agreements cannot be called contracts. For Example: A gives his car to B for repair and B asks for Rs. 200 for the repair works. A agrees to pay the price and B agrees to repair the car. The agreement imposes an obligation on both. The third element of a contract is that the agreement must be enforceable by

14

Law. If one party fails to keep his promise, the other has the right to go the court and force the defaulter to keep his promises. There are other elements are: 1. Offer and acceptance, 2. Legal obligation, 3. Lawful consideration, 4. Valid object, 5. Agreement not being declared void by Law, 6. Free consent, 7. Agreement being written and registered, 8. Capacity to contract, 9. Possibility of performance from what has been discussed. It is clear that all contracts are agreements. All Agreements are not Contracts: An agreement is termed a contract only when it is enforceable by law. All agreements are not necessarily legally enforceable. It can rightly be said that an agreement has a much wider scope than a contract. For example that agreements are not legally binding are an invitation to dinner or to go for a walk and its acceptance. These are agreements not contracts. An agreement does not necessarily imply a legal obligation on the parties to the agreement. It is import here to clarify what exactly is an obligation. Obligation is a legal tie which imposes upon a person or persons the necessity of doing or abstaining from doing definite act or acts.

15

An agreement need not necessarily be within the framework of law and be legally enforceable. If it is, then it is a contract. A promises B to do physical harm to C whom, the latter does not like and B promises to pay A Rs. 1000 to do that, it cannot be termed as a contract because such an act would be against the law. Any agreement of which the object or consideration is unlawful is void and cannot be called a contract. It would be clear from what has been said so far that an agreement has a much wider scope than a contract. An Agreement implies fulfilling some agreed condition. It does not necessarily imply that the stipulated conditions conform to the law and are enforceable by it. It may be said that an agreement is the genus of which contract is the species. It also makes it clear that all agreements are not contracts but all contracts are agreements.

16

E- CONTRACTS AND THE INDIAN CONTRACT ACT, 1872

Electronic contracts (contracts that are not paper based but rather in electronic form) are born out of the need for speed, convenience and efficiency.

Imagine a contract that an Indian exporter and an American importer wish to enter into. One option would be that one party first draws up two copies of the contract, signs them and couriers them to the other, who in turn signs both copies and couriers one copy back. The other option is that the two parties meet somewhere and sign the contract. In the electronic age, the whole transaction can be completed in seconds, with both parties simply affixing their digital signatures to an electronic copy of the contract. There is no need for delayed couriers and additional travelling costs in such a scenario.

Contracts have become so common in daily life that most of the time we do not even realize that we have entered into one. Right from hiring a taxi to buying airline tickets online, innumerable things in our daily lives are governed by contracts. The Indian Contract Act, 1872 governs the manner in which contracts are made and executed in India. It governs the way in which the provisions in a contract are implemented and codifies the effect of a breach of contractual provisions.

The conventional law relating to contracts is not sufficient to address all the issues that arise in electronic contracts. The Information Technology Act (IT Act) solves some of the peculiar issues that arise in the formation and authentication of electronic contracts. Essentials of an electronic contract As in every other contract, an electronic contract also requires the following necessary ingredients:

17

1. An offer needs to be made

2.

The offer needs to be accepted:

Procedures available for forming electronic contracts include: E-mail: Offers and acceptances can be exchanged entirely by e-mail, or can be combined with paper documents, faxes, telephonic discussions etc. Web Site Forms: The seller can offer goods or services (e.g. air tickets, software etc) through his website. The customer places an order by completing and transmitting the order form provided on the website. The goods may be physically delivered later (e.g. in case of clothes, music CDs etc) or be immediately delivered electronically (e.g. e-tickets, software, mp3 etc).

Online Agreements: Users may need to accept an online agreement in order to be able to avail of the services e.g. clicking on Iaccept while installing software or clicking on I agree while signing up for an email account.

3. There has to be lawful consideration

4. There has to be an intention to create legal relations 5. The parties must be competent to contract 6. There must be free and genuine consent 7. The object of the contract must be lawful

8. There must be certainty and possibility of performance Relevant IT Act provisions Indian law provides for the authentication of electronic records by affixing a digital signature. The law provides for use of an asymmetric crypto system and hash function and also recommends standards to be adhered.
18

CONCLUSION
After doing a comprehensive analysis of agreement and contract, contracting process, essentials of a valid contract and also touching the concept of E-Contracts, which is widely being used these days, it is seen that a complete and an in-depth understanding of the Indian Contract Act, 1872 is highly essential. We enter into contracts on a daily basis. They are express or implied and quiet a lot of them are e-contracts, hence we must be able to understand the terms and conditions of those contracts so are to prevent ourselves from being cheated or exploited. Also as seen, while analysing e-contracts, that present day laws are not sufficient to bring e-contracts within their purview. The Indian Contract Act, 1872 was framed when there was no such thing as internet and the framers could not foresee the concept of e-contract, hence there are no provisions for such contracts. But law needs to be dynamic and change with the changing times and it has become necessary to include e-contracts within the purview of the Indian Contract Act, 1872.

19

BIBLIOGRAPHY BOOKS :
1. Mulla, The Indian Contract Act, (13th edn., 2011) 2. Dr. Avtar Singh, Law of Contract and Specific Relief, (10th edn., 2008) WEBSITES: 1. www.indiankanoon.org 2. www.leagle.com 3. books.google.co.in 4. www.chestofbooks.com 5. dict.mizoram.gov.in

20