When a question or issue arises about a contract, one must look at the contract first, rather than the contract law. While understanding the contract law is necessary, the law allows parties to decide what they wish to. The contract provisions and their interpretation will give answers to a question arising from a contract. Here is a discussion:
Contract Law from a Practical Perspective: a video on Youtube.
I take example of a clause in a contract about liquidated damages to demonstrate how the many judgments interpreting section 74 of the Indian Contract Act have made this branch of law uncertain and unpredictable for contracting parties.
Click here to read.
This is my speech at the inaugural session of a Seminar organised by the National School of India University, Bengaluru : “Strengthening Legal Provisions for the Enforcement of Contracts”.