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surya kaliyamoorthi (Assistant Legal Manager)     31 May 2009

Contracts

Can u pl give me a Brief for the below mentioned Topics..(.Can u pl refer some books to get Exatct Answer...)

1. Standard form of Contracts

2. Government Contracts

3. Legislative and Judicial attitudes.



 2 Replies

Mansi Aggarwal   11 March 2021

Hello, thank you for your query.

You can refer to Avtar Singh to get information on the topics.

For some help here's a brief about the three of them:

1. Standard form of contracts: These contracts are also known as the take it or leave it contract, which means there is no scope of negotiation in such contracts. The assent on such contracts is implied by a signature. The buyer makes such a contract exempting themselves from liabilities. These contracts are the result of industrialization.

2. Government contracts: this is the same as an ordinary contract but under this contract one of the parties is the Central or the State government and in addition to the requirements of the Indian Contract Act, 1872, the provisions of Article 299 of the Constitution also has to be followed. 

Hope this helps.

2. 

Ananya Choudhary   16 March 2021

Thank you for asking your query.

  1. Standard form of Contracts : These types of contacts are of “take it or leave it” position. Now what is meant by "take it or leave it" is that, it is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favourable terms.They undeniably fulfil an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by precluding the need for buyers and sellers of goods and services to negotiate the many details of a sale contract each time the product is sold. But there are also some cons of the such contracts which involves risk, unfair and unreasonable terms, mischief, liability, etc.                                                                                                                                                                                                                        Legal aspect of standard form of contracts in India: In Indian, cases related to the same are dealt under the rules provided by Indian Contract Act, 1872. There is no any act only made to deal with standard form of contract specifically. They are treated just like a normal contracts.
  2. Government Contracts: Government contracts, as the name suggest is a simple contract where one of the party is government, whether it be state government or central government.The formation of Government contract is done by express agreement in the name of the President or the Governor by a person who is authorised to act on their behalf and all of them are not personally liable. But the Government is held liable and contracts can be enforced against it.                                                                                                                                                                             Legal aspect of government contracts in India: Article 299 of the Constitution of India, therefore, prescribes a specific procedure enabling the agents of the government to make contacts in order to bind the government.
  3. Legislative and Judicial attitudes.:This basically refers to the attitude adopted by legislative bodies or judicial bodies in governing their decision. It is affected by the beliefs and virtues of the system and of the country.

 

One of the best book for excellent understanding of contact law is "Pullock and mulla- The Indian Contract Act,1872"


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