a) Our courts have adopted a duality of criteria for testing the validity of clause in standard form contracts. Describe.
b) Describe how far the notice of exclusion clauses is an efficient remedy against misuse of standard form of contracts.
c) Promissory estoppels don’t create new causes of action where none existed before, and no action for damages will lie for breach of the promise, it is, as it was said, ‘a shield and not a sword’. Describe.
problem 2: ‘Performance of an existing duty is a good consideration provided that it is not contrary to the public policy’. Substantiate the statement with the help of decided cases.
problem 3: ‘Certain persons are by law incapable completely or in part of binding themselves, by a promise or of enforcing a promise made to them’. Examine.
problem 4: Describe the circumstances in which fraud will vitiate a contract – differentiate a fraudulent representation from an innocent representation.
problem 5: Public policy is fased on the necessity in certain cases of preferring the good of the general public to an absolute and unfettered freedom of individual. Critically observe the statement.
problem 6: State and describe the doctrine of Supervening Impossibility. What are the limits of the doctrine?
problem 7: The State can’t claim comparison with a private individual even in the field to contract. Examine and state the needs of a Government contract. Describe the consequences that have arisen from a failure to comply with such needs.
problem 8: Describe the provisions of quasi – contracts, dealt within the Indian Contract Act. Describe the rationale underlying them.
problem 9: Describe the circumstances in which the remedy of specific performance will be granted by the court.