Pollock and Mulla The Indian Contract Act, 1872

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Description
The Indian Contract Act, 1872 is in its one hundred and fiftieth year. Pollock and Mulla on the Indian Contract Act has compiled and organised the jurisprudence on this law all these years since its first edition in 1905. Despite the criticism of Sir Frederick Pollock that the Code is ... about the worst piece of codification ever produced', the law has withstood time and has been a bedrock for commercial transactions in the country as can be seen from the very few amendments to the Contract Act in this time. We consider ourselves very fortunate to have stood on the shoulders of giants. However, this commentary has grown over time, amassing the growing judgments  over this period. In this edition, we have attempted to revisit and streamline these judgments while retaining the value of this book as a reference for case laws that this publication is well known for. COVID-19 pandemic has upended lives and livelihood as never witnessed before in the last century. Courts have had occasion to consider the impact of this pandemic on contractual arrangements. The Delhi High Court held that section 56 of the Contract Act cannot provide nuanced solutions to deal with various legal issues thrown up by COVID-19 pandemic. Striking a different note, the Madras High Court, despite a clause in the tender that the licensee will not be excused from payment obligations under any circumstances, held that the complete lockdown imposed due to outbreak of COVID-19 resulting in closure of shops was a force majeure event and the municipality as a State instrumentality could not demand payment of licence fees from the licensee for the period that the shop had to compulsorily remain closed. Laws, it is said, are so worded as to deal with cases that occur most frequently and not every case that may arise. Holding that the harsh consequences of frustration under common law have been recognised by the Act and ameliorated to certain extent by section 65, the Supreme Court's decision in South East Asia Marine Engineering & Constructions Ltd v Oil India Ltd' though not arising from a COVID issue, underscores the importance of having carefully worded clauses in the contract so that the parties may choose the consequences that would flow on the happening of an uncertain event. This edition incorporates these judgments.

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Contents
Preamble
Preliminary—Sections 1-2
Chapter I         Of Communication, Acceptance and Revocation of Proposals—Sections 3 to 9
Chapter II        Of Contracts, Voidable Contracts and Void Agreements—Sections 10 to 30
Chapter III       Of Contingent Contracts—Sections 31 to 36
Chapter IV       Of the Performance of Contracts—Sections 37 to 67
Chapter V        Of Certain Relations Resembling Those Created by Contract—Sections 68 to 72
Chapter VI       Of the Consequences of Breach of Contract— Sections 73 to 75
Chapter VII       Sale of Goods—Sections 76 to 123
Chapter VIII     Of Indemnity and Guarantee—Sections 124 to 147
Chapter IX       Bailment—Sections 148 to 181
Chapter X        Agency—Sections 182 to 238
Chapter XI       Partnership—Schedule
Appendix
Index
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Author Details
Pollock & Mulla
16 Ed Revised by R.Yashod Vardhan, Chitra Narayan and Vinod Kumar