V Niranjan
- Published in print:
- 2016
- Published Online:
- April 2016
- ISBN:
- 9780198757221
- eISBN:
- 9780191817151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198757221.003.0004
- Subject:
- Law, Law of Obligations, Comparative Law
This chapter deals with three central remedies for breach of contract in Indian law: the action for the agreed sum, specific performance, and agreed remedies. It shows that the action for the agreed ...
More
This chapter deals with three central remedies for breach of contract in Indian law: the action for the agreed sum, specific performance, and agreed remedies. It shows that the action for the agreed sum is considerably wider than it is elsewhere in the common law world, largely because the co-operation exception has been (perhaps inadvertently) excised. The law of specific performance, although based on a code of English law, has also diverged from it in a number of respects. It is argued that the codification of (largely) English law in India in the late nineteenth century has had an important (and often overlooked) impact on the development of the law in relation to all of these remedies.Less
This chapter deals with three central remedies for breach of contract in Indian law: the action for the agreed sum, specific performance, and agreed remedies. It shows that the action for the agreed sum is considerably wider than it is elsewhere in the common law world, largely because the co-operation exception has been (perhaps inadvertently) excised. The law of specific performance, although based on a code of English law, has also diverged from it in a number of respects. It is argued that the codification of (largely) English law in India in the late nineteenth century has had an important (and often overlooked) impact on the development of the law in relation to all of these remedies.
Tirthankar Roy and Anand V. Swamy
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780226387642
- eISBN:
- 9780226387789
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226387789.003.0007
- Subject:
- Economics and Finance, Economic History
As in property, in commercial law, an initial preference for recourse to indigenous law and practices needed to change. The idea of a contract law did exist in India, and British jurists tried to ...
More
As in property, in commercial law, an initial preference for recourse to indigenous law and practices needed to change. The idea of a contract law did exist in India, and British jurists tried to revive these laws. But the revived laws were never actively used. Impersonal and secular laws of business could not be found written down anywhere; no courts existed where such laws had been recently applied, whereas at the same time, the scope of business transactions between parties that did not share similar customs expanded enormously. The response to this uncertainty was the Indian Contract Act, 1872, which broke with indigenous law and custom. But the journey towards codification was marked by trade disputes, one of which was particularly violent. The chapter describes this journey.Less
As in property, in commercial law, an initial preference for recourse to indigenous law and practices needed to change. The idea of a contract law did exist in India, and British jurists tried to revive these laws. But the revived laws were never actively used. Impersonal and secular laws of business could not be found written down anywhere; no courts existed where such laws had been recently applied, whereas at the same time, the scope of business transactions between parties that did not share similar customs expanded enormously. The response to this uncertainty was the Indian Contract Act, 1872, which broke with indigenous law and custom. But the journey towards codification was marked by trade disputes, one of which was particularly violent. The chapter describes this journey.
