S.No.

List of Doctrines

Meaning

Section Number/Topic

1.        

Doctrine of fundamental breach of contract

Every contract contains a fundamental obligation which needs to be performed and party ill be guilty of breach whether or not any exempting clause has been provided.

Standard Form of Contract

2.        

Theory of first information

If the information sought in the general offer is supplied by many persons then the theory of first information is applied. The person who gave the information first will be entitled to the reward.

General Offer

3.        

Privity of Consideration

Consideration may be given by the promise or any other person

Consideration

4.        

Rule of ejusdem generis

Consideration may move from the promisee or any other person who is not a party to the contract

Consideration

5.        

Nudum pactum obiter non action

No cause of action arises out of naked contract

Consideration

6.        

Doctrine of unjust enrichment

Law as well as justice should try to prevent benefit to one at the cost of other

Quasi Contract

7.        

Nemo debet Locupletari Ex Aliena Jactura

no one should grow rich at the behest of the other person’s loss

Quasi Contract

8.        

Quid Pro Quo

Something for Something

Section 2(d)

9.        

Doctrine of Promissory Estoppel / Reliance Theory

When a person has made a certain promise to another and another person believes on the promise and changes his position then the person who has made the promise cannot retract and he is bound to perform the promise.

Section 2(d)

10.    

Quod ab initio non valet, in tractu temporis non convalescit

What is not valid in the beginning does not become valid by time

Section 2(g)

11.    

Postal Rule

when parties aren’t in each other’s presence and communicate long distance either by post or telegram, both parties get bound by contract as and when the acceptor puts the letter of acceptance in the course of transmission to offeror so as to be out of his power to recall.

Section 4

12.    

Mirror Rule

The acceptance should not contain any condition or stipulation. It should be exactly as the proposal.

Section 7(1)

13.    

Sub silentio

Under silence

Section 9

14.    

Doctrine of restitution

Restore the benefit which a person has obtained

Section 11

15.    

Consensus ad idem rule

Two or more persons are said to consent when they agree upon the same thing in same sense

Section 13

16.    

Assentio Mentium

The meeting of minds

Section 10

17.    

Non est factum

It is not his deed

Section 15

18.    

Caveat emptor

Let the buyer beware

Section 17

19.    

Suppressio veri or suggestion falsi

Concealment of truth or a statement of falsehood

Section 17

20.    

Qui tacet consentire videtur

He who is silent appears to consent

Section 17

21.    

Ex dolo Malo Non Oritur Actio

No right of action can have its origin in fraud

Sections 17, 23

22.    

Ex turpi causa non Oritur Actio

No action can arise from an illegal act

Section 23

23.    

Bule Pencil Rule

The general rule is that where the illegal part cannot be separated from the legal part of the contract, the contract is altogether void. But where they can be separated, the bad part may be rejected and the good part can be retained.

Section 24 + Section 57 + Section 58

24.    

Rule of nudum pactum

An agreement without consideration is void

Section 25

25.    

Ex nudo pacto actio non oritur

No action arises on a contract without a consideration

Section 25

26.    

Conventio privatorum non potest publico juri derogare

An agreement of private persons cannot derogate from public right

Section 28

27.    

Principle of Contribution

A joint promisor who has been compelled to perform the whole promise, may require the other joint promisors to make an equal contribution to the performance of the promise.

Section 43

28.    

Doctrine of Frustration

When the performance of the contract becomes impossible, the contract is said to be frustrated.

Section 56

29.    

Actus dei nemini injuriam

Law holds no man responsible for the act of God

Section 56

30.    

Lex non cognit ad impossibilia

the law does not compel a man to do anything vain or impossible or to do something which he cannot possibly perform.

Section 56

31.    

Impossibilium Nulla obligation est

Nobody has any obligation to do the impossible.

Section 56

32.    

A I’impossible Nul N’est Tenu

No one is bound to do what is impossible

Section 56

33.    

Impotentia excusat legem

Impossibility is an excuse in the law

Section 56

34.    

Lex Neminem Cogit ad vana seu impossiblia

The law compels no one to do vain or impossible things

Section 56

35.    

Mutatis Mutandis

With necessary changes

Section 62

36.    

Theory of Accord and Satisfaction

The promise may accept instead of performance of promise, any satisfaction which he may think fit

Section 63

37.    

Theory of Quantum Meriut

As much as earned or reasonable remuneration

Section 70

38.    

Actiones legis

Law suits

Section 73

39.    

Principle of subrogation

When the principal debtor makes a default in the performance of his duty and surety makes the necessary payments on behalf of the principal debtor, then in that case he becomes invested with all the rights which the creditor had against the principal debtor.

Section 140

40.    

Delegatus non potest delegare

A delegatee cannot further delegate

Section 190

41.    

Doctrine of Relation Back

Ratification relates back to the actual date of the act that is ratified and not from the date when the act ratified.

Section 197

42.    

Qui facit per alium facit per se

He who acts through another, acts for himself

Section 222