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 |