EVOLUTION OF INDIAN CONTRACT ACT: A DETAILED STUDY


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Article type :

Original article

Author :

Sneha Sharma

Volume :

1

Issue :

1

Abstract :

We assume that Indian Contract act 1872 was derived from English Law (England), but we should not forget that before England Law or I can say that before the existence of English law, there was society which was following Law. The society was governed through laws, which we can see in medieval times that, when there was no existence of law or contract law the remedy was given to the people. Either by Kings or Tribal Chief, we should think about this if there was no existence of law than how the remedy/punishment/fine was given? And if there was no existence of law the crime must be committed at the peak. So I can say that there was rules/Laws which was followed by the people before enforcement or evolution of English Law. In Indian history, the transfer of properties, performance of service was taking place, not just only property transfer but also agreement for commercial transactions and personal relationship. How was this possible then? Without any bare act of contract, how people already made the principle by which the society was running in ancient and medieval period? Indian history has very vast concept, which had already established the contract Act. There are proofs existed and ruled over centuries.

Keyword :

Keywords: Indian Contract, English law, society, kings, tribal chief, Indian history.
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