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To Award or Not to Award: Expectancy and Reliance Damages in the Indian Context
[By Ritesh Raj] The author is a student of NLSIU, Bangalore. Introducing the Theories of Expectancy and Reliance in Damages The theories of expectancy and reliance in assessing damages became discreet with the publication of LL Fuller and William R Perdue Jr’s paper. Reliance interest was defined as damages paid to restore the plaintiff…
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Redefining Variance: Making Surety Bonds Effective
[By Smriti Jaiswal] The author is a student of National Law University of India, Bangalore. Introduction In January 2022, the Insurance Regulatory Development Authority of India (‘IRDAI’) released IRDAI (Surety Insurance Contracts) Guidelines, 2022 for India’s emerging surety bonds market. As the current guidelines stand, the surety bonds in India shall be treated as…
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Consent through Gif’s, Emoticons and Emojis : Yes?
[By Shashwat Lohia & Shreya Saswati] The authors are students of National University of Study and Research in Law, Ranchi & National Law University, Odisha. Introduction Rapid technological advancements haven’t always made it easy for the law to keep up. A recent judgement of the Canadian Courts (“Canadian Judgement”) has determined that the ‘thumbs-up’…
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Latent Defect Period: Application In Construction Contracts
[By Ashish Kumar and Rebecca Singh] The author are a students of NMIMS School of Law, Bangalore. Introduction In the realm of construction and infrastructure contracts, the inclusion of a Latent Defect Period is essential to address the potential emergence of hidden flaws or deficiencies after project completion. However, this provision poses legal challenges…
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Ascertaining the Nature of Cheques in Time Barred Debts
[By Mayank Jain] The author is a student of Jindal Global Law School. Introduction The Indian Judiciary has time and again faced the problem of ascertaining whether the issuance of a cheque for the repayment of time-barred debt is valid or not. The Limitation Act of 1963 puts a bar of 3 years. This means…
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Is the Remedy of Substituted Performance truly a Novel Remedy?
[By Aman Sadiwala] The author is an associate at Rashmikant and Partners. The contract enforcement mechanism of India has been subject to criticism for being inefficient. This was reflected in the World Bank’s Ease of Doing Business Report 2016 where India ranked 130th overall and 178th on contract enforcement (out of 189 countries).[1] This spurred the…
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Enforcement Period v. Claim Period: A Debate Settled by Delhi High Court
[By Ashutosh Kumar & Shambhavi Shani] The authors are students at the Hidayatullah National Law University. An inextricable knot between the limitation period and Exception 3 of Section 28 of the Indian Contract Act has time and again, been subjected to judicial and legislative scrutiny and is yet again in limelight after Justice Jayant Nath of…
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The Liability of Cab Aggregators in India vis-à-vis their Consumers
[By Suyash Tiwari and Prakul Khera] Suyash is a student at the Hidayatullah National Law University, Raipur, and Prakul is a student at the Institute of Law Nirma University, Ahmedabad. The reputation of ride-hailing platforms like Uber has been marred with a plethora of cases involving sexual assault and negligence of its drivers. The case…
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Applicability of the Penalty Doctrine to Primary Obligations – an Indian Perspective
[By Tvishi Pant and Alefiyah Shipchandler] Tvishi is a student at ILS Law College, Pune and Alefiyah is an associate at Keystone Partners, Mumbai. Introduction Contract law allows parties to stipulate a certain sum payable upon breach of a contract. Section 74 (“S. 74”) of the Indian Contract Act, 1872 (the “Act”) provides for the…
Category: Contract Law
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