top of page

JCJ CONTRACTS & SGA MAINS DETAILED ANALYSIS

Sep 16
21 min read

TELANGANA & ANDHRA PRADESH

JUNIOR CIVIL JUDGE — MAIN WRITTEN EXAMINATION

DETAILED SUBJECT ANALYSIS

INDIAN CONTRACT ACT, 1872

& SALE OF GOODS ACT, 1930

Paper-I (Civil Laws)  ·  PYQ-mapped answer architecture for 2-mark notes through 10-mark discussions  ·  2019 to 2026

Item

Particulars

Coverage — Telangana

Mains 2019, 2021, 2022, 2023, 2024, 2026

Coverage — Andhra Pradesh

Mains 2019, 2022, 2023, 2024, 2025

Questions analysed

38 descriptive parts (TG 16 + AP 22)

Primary source

Compiled PYQ book (Aravind Rao)

Companion document

JCJ Prelims Contracts Analysis (same series)

Prepared

September 2026

Mains is not prelims written in longhand. The same sections return, but the examiner now wants structure, the exact statutory phrase, one illustration, and — where the marks allow — a case. This note maps every compiled question, shows how the two High Courts split the marks, and gives writeable skeletons scaled to 2, 2.5, 3, 5, 8 and 10 marks.

1. Where Contract sits in Paper-I

Paper-I is a 100-mark, 3-hour descriptive civil paper. Contract is one subject among CPC, TPA, family statutes, Limitation, Specific Relief, Evidence, Stamp and Registration, and the State rent / encroachment Acts. It is never the whole paper. Across the compiled years it has contributed anything from a single 5-mark cluster to a 10-mark suretyship question plus two short notes.

•   Telangana syllabus line: “Indian Contract Act, 1872 and Sale of Goods Act.” Unpaid seller and condition/warranty have already been asked. Prepare SOGA as a short mains module, not as an afterthought.

•   Andhra Pradesh syllabus line: “Indian Contract Act, 1872.” SOGA is not named. The 2024–25 AP papers stayed inside the 1872 Act, except that pledge is tested through the mortgage–pledge–hypothecation–floating charge quartet (which is TPA + Contract s.172 + company-security language).

Working planning figure: 8 to 18 marks of Paper-I in a typical year. That is enough to move an aggregate, not enough to justify a separate commentary. One tightly revised 20-page mains notebook beats 200 pages of Pollock.

Mains conversion rule

A 2-mark note is definition + section + one line of effect. A 5-mark answer is definition, ingredients, illustration, and one distinction or case. A 10-mark answer is the 5-mark body plus a second limb, a short criticism or comparison, and a one-line conclusion. Do not write a 10-mark essay for a 2.5-mark short note.

2. Year-wise harvest

2.1 Telangana Mains

Year

Parts

Marks (approx.)

What was actually asked

2019

1

5

Competence; free consent; coercion; when voidable

2021

5

15

Damages; unilateral cancellation; sale + interest after death of principal; public policy; COVID force majeure rent

2022

1

8

Define contract; essentials of a valid contract

2023

2

10

Principles of damages; all contracts are agreements…

2024

2

10

Mortgage / hypothecation / pledge / floating charge; condition v warranty

2026

3

15

Unpaid seller (2); valid contract (3); surety s.128 + co-sureties ss.146–147 (10)

TG 2021 is the paper to treat as the problem-question ceiling (COVID lease + agency coupled with interest). TG 2026 is the paper to treat as the statute-discussion ceiling (a full 10 marks on suretyship). TG 2024 pulled Contract toward TPA/SOGA distinctions.

2.2 Andhra Pradesh Mains

Year

Parts

Marks (approx.)

What was actually asked

2019

5

15

Force majeure; husband as implied agent of wife; quantum meruit; quasi-contract; indemnity v guarantee; novation

2022

8

18

Vis major; agent and principal; fraud; acceptance; free consent; lawful consideration; reciprocal promises

2023

2

15

Void and voidable; essentials of a valid and enforceable contract (10)

2024

5

20

Essentials; void contracts; unlawful consideration/object and severance; indemnity v guarantee; liability of guarantor

2025

3

10.5

Mortgage / pledge / hypothecation / floating charge; surety; s.65 restitution

AP writes more short notes. 2019 and 2022 are almost entirely 2 / 2.5-mark notes. 2023–24 moved toward 5- and 10-mark “discuss / explain” questions. 2025 returned to a mixed paper and, importantly, copied the TG 2024 security-interest quartet.

2.3 Combined volume

State

Years in the book

Descriptive parts

Typical annual haul

Telangana

6

16

8–15 marks

Andhra Pradesh

5

22

10–20 marks

Combined

11 papers

38

plan for 12–15 marks

3. Topic frequency — what Paper-I actually rewards

Rank

Topic

TG hits

AP hits

Mark bands seen

 

1

Essentials / definition of a valid contract

3

2

3, 5, 8, 10

 

2

Surety / guarantor / co-sureties / indemnity

1

4

2.5, 10

 

3

Void, voidable, unlawful object (s.23), public policy

2

3

2.5, 5

 

4

Free consent cluster (competence, coercion, fraud, consent)

1

3

2, 2.5, 5

 

5

Damages for breach (ss.73–75)

2

0

5

 

6

Mortgage / pledge / hypothecation / floating charge

1

1

5

 

7

Force majeure / vis major / frustration / COVID rent

1

2

2, 2.5

 

8

Agency (principal–agent, implied agency of husband, s.202)

1

2

2, 2.5, 5

 

9

Quasi-contract, quantum meruit, s.65 restitution

0

3

2.5, 3

 

10

Condition v warranty (SOGA)

1

0

5

 

11

Unpaid seller (SOGA)

1

0

2

 

12

Novation; reciprocal promises; acceptance; consideration

0

4

2, 2.5

 

13

Unilateral cancellation; sale coupled with interest

2

0

2.5

 

 

The repeat list that must be written from memory

Essentials of a valid contract; void v voidable; indemnity v guarantee and s.128; damages under ss.73–75; the four-way security distinction; force majeure / frustration; s.65; condition v warranty; unpaid seller. If those nine can be written in the mark-correct length, most of the compiled papers are covered.








4. How the two High Courts set Contract questions

Feature

Telangana

Andhra Pradesh

Favourite length

5-mark discuss / 8–10 mark split question

2 and 2.5-mark short notes; occasional 10-mark essentials question

Problem facts

Yes — COVID lease (2021); agency after death (2021)

Rare. 2019 husband-as-agent is the closest

SOGA

Expressly in syllabus; unpaid seller + condition/warranty already asked

Not named; do the security-interest quartet instead

Suretyship

2026 full 10 marks, including co-sureties 146–147

Repeated 2.5-mark notes; indemnity v guarantee is the AP staple

Damages

Asked twice (2021, 2023) as a 5-mark principle question

Not asked in this compilation — still prepare ss.73–75

TPA overlap

2024 mortgage quartet

2025 same quartet — treat as a joint TG–AP question

Theory line

“All contracts are agreements…” (2023)

Void contracts with examples; unlawful consideration and severance

A candidate writing both papers should prepare the union: TG’s problem style and SOGA shorts, plus AP’s short-note battery. A candidate writing only one paper should still steal the other State’s repeats — they migrate.

5. Mark-band writing method

5.1 Two marks (definition note)

Four to six lines. Open with the section. Do not introduce a case unless the case is the definition (quantum meruit, vis major). Close with the legal effect in one sentence. Example skeleton for “Who is an unpaid seller?”:

•   s.45 SOGA — seller is unpaid when the whole of the price has not been paid or tendered, or when a negotiable instrument received as conditional payment has been dishonoured.

•   The seller remains unpaid even if property has passed.

•   Rights that follow (name only, do not discuss): lien, stoppage in transit, resale (ss.46–54).

5.2 Two-and-a-half marks

A short note of 10–14 lines. Definition, two or three ingredients, one illustration from the Act, one line of distinction if the topic has a twin (indemnity/guarantee, void/voidable). No introduction paragraph. No “in conclusion”.

5.3 Five marks

A structured mini-essay. Suggested frame that fits one side:

•   Opening definition with section (2–3 lines).

•   Numbered ingredients or limbs (the marks live here).

•   One statutory illustration or one named case.

•   One distinction / limitation / exception.

•   One-sentence close that answers the verb in the question (“discuss”, “distinguish”, “explain”).

5.4 Eight to ten marks

Two headings if the question is split (TG 2026 Q10; TG 2024 Q2). If it is a single 10-mark “essentials” question (AP 2023 Q8), use s.10 as the spine and give each essential a short paragraph with one example. Do not spend half the answer on consideration and starve free consent. Time box: 16–18 minutes for 10 marks, 9–10 minutes for 5 marks.

6. Answer skeletons for every repeated question

6.1 Define contract. Essentials of a valid / enforceable contract

Asked: TG 2022 (8), TG 2026 (3), TG 2023 (agreements v contracts, 5), AP 2023 (10), AP 2024 (5). This is the single most important mains write-up.

Spine:

•   s.2(h) — an agreement enforceable by law is a contract. s.2(e) — every promise and every set of promises forming consideration for each other is an agreement. Hence: all contracts are agreements; all agreements are not contracts. That sentence is itself a 5-mark question (TG 2023).

•   s.10 — the statutory list: free consent of parties competent to contract; lawful consideration and lawful object; not expressly declared to be void.

•   Expand in this order so nothing is dropped: (1) offer and acceptance producing a promise (ss.2–9); (2) intention to create legal relations (Balfour v. Balfour — domestic arrangements); (3) certainty (s.29); (4) competence (s.11 — majority, sound mind, not disqualified; Mohori Bibee — minor’s agreement void ab initio); (5) free consent (ss.13–22); (6) consideration (s.2(d), s.25 and its three exceptions); (7) lawful object (s.23); (8) not declared void (ss.26–30, 56); (9) possibility of performance (s.56); (10) writing / registration / stamp only where a special law requires it — the Contract Act itself does not.

•   For 3 marks (TG 2026): s.2(h) + s.10 list + one sentence that an agreement wanting any s.10 element is either void or voidable. Stop.

•   For 10 marks (AP 2023): the list above, each with a one-line illustration. Close: enforceability is what converts an agreement into a contract.

6.2 Competence, free consent, coercion, voidable contracts

Asked: TG 2019 (5) as a bundled question; free consent also AP 2022 (2.5); fraud AP 2022 (2).

•   Competence — s.11 triad. Minor: Mohori Bibee. Usually of unsound mind may contract in a lucid interval (s.12).

•   Free consent — s.13 (same thing in the same sense) + s.14 (not caused by coercion, undue influence, fraud, misrepresentation or mistake).

•   Coercion — s.15: committing or threatening to commit any act forbidden by the IPC, or the unlawful detaining or threatening to detain property, to the prejudice of any person, with the intention of causing any person to enter into an agreement.

•   When voidable — s.19 / 19A: consent caused by coercion, fraud, misrepresentation or undue influence. Voidable at the option of the party whose consent was so caused. He may insist on performance as if the contract were not voidable. Restitution on avoidance: s.64.

•   Fraud short note — s.17 five heads. Highlight “promise made without any intention of performing it” and the auction-horse illustration (silence is not fraud without a duty to speak).

6.3 Void contracts / void and voidable / unlawful consideration

Asked: AP 2023 void & voidable; AP 2024 void contracts with examples (5); AP 2024 s.23 including severance (5); TG 2021 public policy (2.5).

Keep the taxonomy clean. Examiners award marks for classification, not for adjectives.

•   Void agreement (s.2(g)) — not enforceable by either party. Born dead. Examples: minor (s.11); uncertainty (s.29); wager (s.30); restraint of marriage (s.26); initial impossibility (s.56); unlawful object (s.23).

•   Void contract (s.2(j)) — a contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. Example: a contingent contract that becomes impossible (s.32/35); subsequent impossibility (s.56 para 2).

•   Voidable contract (s.2(i)) — enforceable at the option of one side. ss.19–19A.

•   s.23 — consideration or object is unlawful if it is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury to person or property of another, or the court regards it as immoral or opposed to public policy. Effect: agreement void.

•   Part unlawful — s.24: if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void. Contrast ss.57–58: where reciprocal promises have a legal set and an illegal set, the legal set can stand.

•   Public policy illustrations that have already been used or sit in the Act: trading with an enemy; stifling a prosecution (s.23 ill.(h) — drop a robbery case against restoration of goods); marriage brokerage; interference with the course of justice; agreements in restraint of trade (s.27) and legal proceedings (s.28). TG 2021 asked for illustrations — keep four ready.

6.4 Damages for breach — ss.73, 74, 75

Asked: TG 2021 (5) and TG 2023 (5). Same question twice. Write it as principles, not as a commentary.

•   s.73 first paragraph — compensation for loss or damage which naturally arose in the usual course of things from the breach, or which the parties knew, when they made the contract, to be likely to result from the breach. This is Hadley v. Baxendale in statutory form: ordinary loss + special loss in the contemplation of both parties.

•   s.73 explanation — the means which existed of remedying the inconvenience must be taken into account. Mitigation is part of the section, not an equitable extra.

•   s.73 second paragraph — the same rule when a contract becomes void under s.56 after part-performance (remote and indirect loss still excluded).

•   s.74 — if the contract names a sum or a penalty, the party is entitled to reasonable compensation not exceeding the amount so named, whether or not actual damage is proved. Fateh Chand v. Balkishan Dass; ONGC v. Saw Pipes. No need to prove actual loss for a genuine pre-estimate; the named sum is the ceiling.

•   s.75 — a person rightfully rescinding a contract is entitled to compensation for damage sustained through the non-fulfilment of the contract.

•   What is not awarded: remote, indirect, or punitive damages. Specific performance is the Specific Relief Act, not s.73 — mention the line and move on.

Close a 5-mark answer with one sentence: Indian law awards compensation, not punishment; the two limbs of s.73 plus the s.74 cap are the whole of the principle.

6.5 Indemnity, guarantee, surety, co-sureties

Asked: TG 2026 Q10 (10 marks, split 128 and 146–147); AP 2024 indemnity v guarantee (2.5) + liability of guarantor (2.5); AP 2025 surety (2.5); AP 2019 nature of liability under both (2.5). This cluster is now the second most valuable write-up after essentials.

Indemnity versus guarantee (2.5–5 marks)

•   s.124 indemnity — a contract by which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person. Two parties. Liability is contingent on loss. Primary.

•   s.126 guarantee — a contract to perform the promise, or discharge the liability, of a third person in case of his default. Three parties: principal debtor, creditor, surety. Liability is secondary in the sense that it is triggered by default, but s.128 makes it co-extensive.

•   Other points that score: consideration for a guarantee may be anything done for the benefit of the principal debtor (s.127); a guarantee may be oral; a guarantee obtained by concealment or misrepresentation is invalid (ss.142–143).

Liability of surety / guarantor — s.128

•   The liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. That sentence is the whole of s.128 and must be written verbatim.

•   Consequences: the creditor may sue the principal, the surety, or both; he need not exhaust remedies against the principal; the surety is not a “secondary” debtor in the sense of being suable only later.

•   Qualifications to mention in a 10-mark answer: the contract may limit the surety (a ceiling, a duration, a condition); discharge under ss.133–139 (variance, release of principal, composition / giving time, creditor’s act impairing the surety’s remedy). Mere forbearance to sue does not discharge (s.137).

•   Rights of the surety after payment: s.140 (invested with all the creditor’s rights); s.141 (benefit of every security). Bank of Bihar v. Damodar Prasad is the authority usually cited for the co-extensive rule.

Co-sureties — ss.146 and 147 (the TG 2026 limb)

•   s.146 — co-sureties are liable, as between themselves, to pay each an equal share of the whole debt, unless a contract says otherwise. Equality is the default, not equality of benefit received.

•   s.147 — co-sureties who are bound in different sums are liable to pay equally as far as the limits of their respective obligations permit. Illustration: A, B and C sureties for D in the sums of 10,000, 20,000 and 40,000; D defaults for 30,000; A pays 10,000, B 10,000, C 10,000.

•   Do not confuse contribution between co-sureties with the creditor’s right to recover the whole from any one surety. The creditor is not bound by s.146.

6.6 Mortgage, pledge, hypothecation and floating charge

Asked: TG 2024 (5) and AP 2025 (5). Identical question. Prepare one table and one paragraph of legal character for each.

Device

Statute / source

Possession

What is transferred

On default

Mortgage

TPA s.58

Usually with mortgagor (except mortgage by deposit of title deeds / English mortgage variants)

Interest in specific immovable property as security for a loan

Sale / foreclosure through court, or privately where the deed allows

Pledge

Contract Act ss.172–179

Must pass to the pawnee

Special property in movable goods; general property stays with the pawnor

Pawnee may sell after notice (s.176)

Hypothecation

Not defined in TPA or ICA; used in banking practice and the SARFAESI / Companies framework

Remains with the borrower

Charge over movables without delivery

Lender may take possession under the contract / statute and sell

Floating charge

Company / insolvency jurisprudence; crystallises on a stipulated event

Company keeps dealing with the circulating assets

Charge over a shifting class of assets (stock, book debts)

On crystallisation it becomes fixed; priority questions then arise

Scoring lines: a pledge without delivery is not a pledge (it may be a hypothecation). A mortgage is of immovable property; a pledge is of goods. A floating charge lets the company trade; a fixed charge does not. Do not call hypothecation a species of pledge.

6.7 Condition and warranty — SOGA s.12 (TG only so far)

Asked: TG 2024 (5).

•   s.12(2) — a condition is a stipulation essential to the main purpose of the contract, the breach of which gives a right to treat the contract as repudiated.

•   s.12(3) — a warranty is a stipulation collateral to the main purpose, the breach of which gives rise to a claim for damages but not a right to reject the goods and repudiate.

•   s.13 — a condition may be treated as a warranty where the buyer waives it, or elects to treat it as a warranty, or where the contract is not severable and the buyer has accepted the goods.

•   Implied conditions: sale by description (s.15); fitness for a disclosed purpose and merchantable quality (s.16 — this is also the home of caveat emptor and its exceptions); sale by sample (s.17).

•   One example: a contract for a “new 2024 model car” is a condition as to description; a representation that the tyres are “of good quality” will often be a warranty.

6.8 Unpaid seller — SOGA ss.45–54 (TG 2026, 2 marks)

•   Definition s.45 — whole price unpaid, or conditional instrument dishonoured.

•   s.46 — three real rights against the goods: lien, stoppage in transit, a limited right of resale. These exist even after property has passed. Personal rights against the buyer (price, damages) sit beside them.

•   s.47(2) — lien may be exercised even where the seller is in possession as agent or bailee for the buyer. That sentence is a prelims favourite and a useful 2-mark enrichment.

For 2 marks, stop after definition + the three rights. For 5 marks (not yet asked, but live), add when lien is lost (s.49) and the rules of resale (s.54).

6.9 Force majeure, vis major, frustration, COVID rent

Asked: AP 2019 force majeure (2); AP 2022 vis major (2); TG 2021 COVID lease problem (2.5). Three names, one doctrine.

•   Vis major / act of God — an event caused exclusively by natural forces, without human intervention, which could not have been prevented by reasonable care. Storm, earthquake, extraordinary flood. Not a labour strike, not a government lockdown.

•   Force majeure — a contractual clause allocating the risk of specified extraordinary events (war, epidemic, lock-out, change of law). It is a matter of construction of the clause, not a free-standing rule of the Contract Act.

•   Frustration / subsequent impossibility — s.56 paragraph 2. An act which, after the contract is made, becomes impossible or, by reason of some event which the promisor could not prevent, unlawful. Satyabrata Ghose v. Mugneeram Bangur: “impossible” in India includes impracticable in the commercial sense, but hardship and mere expense do not suffice. Energy Watchdog v. CERC: if the contract has a force majeure clause, that clause is the first port of call; s.56 is residual.

TG 2021 COVID lease — the writeable answer:

•   A lease is a transfer of interest in immovable property (TPA s.105), not a mere contract of services. Rent is consideration for that transfer. Closure of the tenant’s business does not, by itself, destroy the demised premises.

•   Whether the force majeure clause applies is a question of its wording. A clause that lists “epidemic / government restriction / lockdown” may suspend or excuse performance to the extent written. A clause confined to vis major / act of God will not automatically cover a statutory lockdown.

•   s.56 does not ordinarily relieve a lessee of rent for the lockdown period. Several High Courts during COVID refused a blanket rent holiday and left the parties to the clause, to remission by agreement, or to a limited equitable reduction in rare cases. The Supreme Court in Ramanand v. Dr. Girish Soni (Delhi rent-control, 2020) treated lockdown as relevant to suspension of physical occupation in some licences, but did not announce a universal waiver of lease rent.

•   Options for the lessee: invoke the exact clause if it covers the event; negotiate remission / deferment; pay and claim adjustment if the clause so provides; do not simply stop paying and plead s.56.

6.10 Agency problems — death of principal, interest, husband and wife

Asked: TG 2021 unilateral cancellation (2.5); TG 2021 sale coupled with interest after death of principal (2.5); AP 2022 agent and principal (2); AP 2019 husband as implied agent of wife (5).

•   Agency defined — s.182. No consideration needed — s.185. Authority express or implied — s.186.

•   Termination — s.201: revocation, renunciation, business completed, death or insanity of principal or agent, insolvency of the principal.

•   The exception that was the 2021 question — s.202: where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. An agency coupled with interest survives the death of the principal. A “contract of sale coupled with interest” therefore cannot be cancelled merely because the principal has died. Contrast an ordinary GPA: death ends it, and a sale executed afterwards is without authority (this was also a TG prelims fact-pattern).

•   Unilateral cancellation — a concluded contract cannot be cancelled by one party unless the contract itself gives a power to revoke, or a statute gives it (for example s.19 avoidance of a voidable contract; s.39 refusal of performance; s.64 consequences of rescission), or the other party’s repudiation is accepted. Illustrations: revocation of a proposal before acceptance (ss.5–6) is not cancellation of a contract, because there is not yet a contract; a vendor cannot walk away from a sale after acceptance merely because prices have risen.

•   Husband and wife (AP 2019) — marriage does not, in Indian law, make the husband the implied agent of the wife for the sale of her immovable property. He cannot sell it without her authority (and, after the 2005 amendment of the Hindu Succession Act, her interest in joint family property is her own). He may be her implied agent for household necessaries, to the extent of her estate and on the footing of ss.186 and 190 read with the old common-law agency of necessity — and even that is a narrow, fact-sensitive implication, not a status-based power. Lead with “no implied agency to sell her immovable property” and you have the 5 marks.

6.11 Quasi-contract, quantum meruit, s.65

Asked: AP 2019 quantum meruit (2.5) and quasi-contracts (2.5); AP 2025 s.65 (3).

•   Chapter V (ss.68–72) is headed “Of certain relations resembling those created by contract.” These are not contracts. The law imposes an obligation to prevent unjust enrichment.

•   Map the five sections in one line each: s.68 necessaries supplied to a person incapable of contracting — reasonable price from his property; s.69 payment by an interested person; s.70 non-gratuitous lawful act of which another enjoys the benefit; s.71 finder of goods as bailee; s.72 money paid or goods delivered by mistake or under coercion.

•   Quantum meruit — “as much as is deserved.” A claim for reasonable remuneration where (a) a contract is discharged after part performance, (b) a contract is discovered to be void after benefit has been conferred (this is also s.65), (c) work is done under a void or failed contract at the request of the defendant, or (d) extra work is done outside the contract at request. It is a restitutionary measure, not expectation damages under s.73.

•   s.65 — when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under it is bound to restore it, or to make compensation for it, to the person from whom he received it. This is the AP 2025 question and must be written with the two triggers (discovered void / becomes void) kept separate. Illustration: A pays B 1,000 rupees in consideration of B’s promising to marry C, A’s daughter; C is dead at the date of the promise; the agreement is void and B must repay A.

6.12 Novation, acceptance, lawful consideration, reciprocal promises

Asked as AP short notes: novation 2019; acceptance, lawful consideration, reciprocal promises 2022.

•   Acceptance of a proposal — ss.2(b), 7, 8. Must be absolute and unqualified; must be in the usual and reasonable manner if no manner is prescribed; communication complete under s.4. Performing the conditions, or accepting consideration offered with the proposal, is acceptance (s.8). Silence is not acceptance (Felthouse v. Bindley).

•   Lawful consideration — s.2(d) definition; s.23 test; s.25 general rule that an agreement without consideration is void, with three exceptions (registered writing out of natural love and affection between near relations; compensation for something voluntarily done; time-barred debt). Consideration may move from the promisee or any other person — the Indian departure from English privity of consideration.

•   Reciprocal promises — s.2(f). Rules of performance: ss.51–58. Simultaneous performance (s.51); one party ready and willing (s.51); order of performance where the contract is silent (s.52); liability of the party who prevents performance (s.53); effect of default as to the promise which should be first performed (s.54); legal and illegal sets (s.57); alternative promises (s.58).

•   Novation — s.62. If the parties agree to substitute a new contract for the old, or to rescind or alter it, the original need not be performed. Ingredients: a valid old contract; agreement of all parties; a valid new contract; substitution, not a mere additional promise. Effect: the old cause of action dies. Distinguish from alteration (same contract varied) and from accord and satisfaction (s.63).

7. Cases worth dropping into a 5- or 10-mark answer

Case

Use it for

Mohori Bibee v. Dharmodas Ghose (1903)

Minor’s agreement void ab initio; no estoppel against the infant

Balfour v. Balfour [1919] 2 KB 571

No intention to create legal relations in a domestic arrangement

Hadley v. Baxendale (1854) / s.73

Two limbs of recoverable damage

Fateh Chand v. Balkishan Dass (1963); ONGC v. Saw Pipes (2003)

s.74 — reasonable compensation, named sum is the ceiling

Satyabrata Ghose v. Mugneeram Bangur (1954)

Indian frustration; “impossible” includes impracticable

Energy Watchdog v. CERC (2017)

Force majeure clause is construed first; s.56 is residual; hardship is not frustration

Bank of Bihar v. Damodar Prasad (1969)

Surety’s liability co-extensive; creditor need not exhaust the principal

Lalman Shukla v. Gauri Dutt (1913)

Acceptance requires knowledge of the offer

Carlill v. Carbolic Smoke Ball Co. [1893]

Unilateral offer to the world; performance is acceptance

Ramanand v. Dr. Girish Soni (SC, 2020)

COVID lockdown and rent / licence — no automatic waiver

Three cases are enough in a 5-mark answer. Five are enough in a 10-mark answer. A case without the proposition attached to it scores nothing.

8. What has not been asked in Mains — the live list

Prelims has already harvested ss.3–8, s.17 silence, s.29 oil, s.71 finder, s.163 cow and calf. Mains has not yet demanded a full write-up on several topics that are otherwise classic:

•   Contingent contracts ss.31–36 — a clean 5-mark “define and illustrate”.

•   Appropriation of payments / Clayton’s rule ss.59–61.

•   Discharge of surety ss.133–139 as a dedicated 5-mark, now that s.128 and co-sureties have been used.

•   Pledge rights of pawnee ss.176–177 (can be folded into the 2024–25 quartet next time).

•   Bailee’s duties and particular lien ss.151–152, 170.

•   Sub-agent and substituted agent ss.190–195.

•   Ratification ss.196–200.

•   Remoteness v mitigation as a standalone damages problem (only the principle has been asked).

•   SOGA passing of property (ss.18–20) and sale versus agreement to sell (s.4) — the natural 5-mark follow-on to unpaid seller and condition/warranty.

•   Specific performance interface with s.73 — only if the paper reaches across to the Specific Relief Act.

The safest prediction for the next TG paper is either a 5-mark SOGA passing-of-property / unpaid-seller expansion, or a problem on frustration / s.56. The safest prediction for the next AP paper is another 2.5-mark note from Chapter V or from agency, or a 5-mark s.23 / voidable cluster.

9. A mains-only revision plan (after prelims)

Do not revise Contract the way you revised it for MCQs. Switch from recognition to production.

Day

Write, do not read

Target length

1

Essentials of a valid contract + all contracts are agreements…

10-mark + 5-mark, timed

2

Void / voidable / s.23 / public policy illustrations

5-mark + 5-mark

3

ss.73–75 damages, with Hadley and Fateh Chand

5-mark, twice

4

Indemnity v guarantee; s.128; ss.146–147; s.137

10-mark split, as in TG 2026

5

The four security devices; condition v warranty; unpaid seller

5 + 5 + 2

6

Force majeure / vis major / s.56 / COVID lease

2.5-mark problem

7

Agency: s.201 v s.202; husband and wife; definition note

5 + 2

8

Chapter V + quantum meruit + s.65

2.5 + 2.5 + 3

9

Novation, reciprocal promises, acceptance, consideration notes

four 2.5-mark notes

10

Full mixed Paper-I slice: one 10, one 5, two 2.5s, timed to 40 minutes

self-score against the skeletons

Keep a single booklet of these ten writings. The night before Paper-I, read only that booklet and the 30-section prelims sheet. Do not open a textbook.

10. Presentation details that change a 4 into a 6

•   Write the section number in the first two lines. An answer on surety that never says “Section 128” is leaving a mark on the table.

•   Underline the statutory verb: co-extensive, dominate, restore, reasonable compensation, essential to the main purpose.

•   If the question says “give illustrations”, give two. One looks thin; four looks like a list and eats time.

•   If the question is split (a)/(b), use two headings. Do not let s.128 run into ss.146–147.

•   Do not start with “Since time immemorial man has entered into contracts.” The first line is the definition.

•   Handwriting and margins matter more in a 3-hour civil paper than in an MCQ hall. Leave a line between heads.

•   Where TPA, SOGA and the Contract Act overlap (pledge, condition, lease/force majeure), name the statute you are in. Mixing them is the common way to lose a clean 5.

11. Closing assessment

On the compiled record, Contract in Paper-I is a short, repetitive, high-conversion subject. The two High Courts are not hunting for novelty. They are hunting for a candidate who can write s.10, s.23, s.56, s.65, s.73, s.124–128, s.146–147, s.202 and SOGA ss.12 and 45 in the length the margin demands, with one illustration and one case.

TG will give you either a 5-mark principle question or a 10-mark split discussion, and has already shown that it will set a COVID-style problem and a SOGA distinction. AP will give you a row of short notes and, every other year, a 10-mark essentials question. Prepare the union of those two habits and the subject is contained.

Use the prelims companion note for section recognition. Use this note for production. The bare Act remains the only primary text.

— End of mains analysis —

Based on compiled TG and AP JCJ Mains Contract questions, 2019–2026. Cross-check every proposition against the current bare Act.

Recent Posts

See All

Comments


bottom of page