Law of Contract and Specific Relief
Formation of Contract
A contract requires offer, acceptance, lawful consideration, capacity, free consent, lawful object and certainty. The Contract Act, 1872 governs. Know the rules on communication of offer and acceptance, revocation, and the difference between a void agreement, a voidable contract and an illegal agreement. Consideration must be real but need not be adequate; past, present and future consideration are recognised, and the doctrine of privity has statutory exceptions such as trusts and family arrangements.
Free Consent and Defects
Consent is free when not caused by coercion, undue influence, fraud, misrepresentation or mistake. Distinguish fraud (intentional deception) from misrepresentation (innocent false statement). Mistake of fact may make a contract void; mistake of law generally does not. Know the consequences of coercion and undue influence, and the rule that a contract without free consent is voidable at the option of the aggrieved party.
Performance, Breach and Remedies
Revise the rules on time and place of performance, reciprocal promises, anticipatory breach, and the distinction between liquidated damages and penalty. Section 74 allows reasonable compensation. Also know quasi-contracts (unjust enrichment, necessaries supplied) and the doctrine of frustration under Section 56.
Specific Relief
Specific Relief Act, 1877 concepts: recovery of possession, specific performance, injunction, declaratory suits, cancellation of instruments and rescission. Specific performance is discretionary and not available where damages are adequate.
Traps
Questions often test whether a minor's agreement is void ab initio (yes, under Bangladeshi law) and whether a contract without consideration is enforceable (only in the statutory exceptions). Another trap is confusing novation, rescission and alteration.
Rule of Thumb
Ask three questions: was there a valid offer and acceptance, was consent free, and is the object lawful? If any fails, identify whether the result is void, voidable or unenforceable.