The Indian Contract ACT

S.No.List of DoctrinesMeaningSection Number/Topic
 1Doctrine of fundamental breach of contractEvery 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
 2Theory of first informationIf 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
 3Privity of ConsiderationConsideration may be given by the promise or any other personConsideration
 4Rule of ejusdem generisConsideration may move from the promisee or any other person who is not a party to the contractConsideration
 5Nudum pactum obiter non actionNo cause of action arises out of naked contractConsideration
 6Doctrine of unjust enrichmentLaw as well as justice should try to prevent benefit to one at the cost of otherQuasi Contract
 7Nemo debet Locupletari Ex Aliena Jacturano one should grow rich at the behest of the other person’s lossQuasi Contract
 8Quid Pro QuoSomething for SomethingSection 2(d)
 9Doctrine of Promissory Estoppel / Reliance TheoryWhen 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)
 10Quod ab initio non valet, in tractu temporis non convalescitWhat is not valid in the beginning does not become valid by timeSection 2(g)
 11Postal Rulewhen 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
 12Mirror RuleThe acceptance should not contain any condition or stipulation. It should be exactly as the proposal.Section 7(1)
 13Sub silentioUnder silenceSection 9
 14Doctrine of restitutionRestore the benefit which a person has obtainedSection 11
 15Consensus ad idem ruleTwo or more persons are said to consent when they agree upon the same thing in same senseSection 13
 16Assentio MentiumThe meeting of mindsSection 10
 17Non est factumIt is not his deedSection 15
 18Caveat emptorLet the buyer bewareSection 17
 19Suppressio veri or suggestion falsiConcealment of truth or a statement of falsehoodSection 17
 20Qui tacet consentire videturHe who is silent appears to consentSection 17
 21Ex dolo Malo Non Oritur ActioNo right of action can have its origin in fraudSections 17, 23
 22Ex turpi causa non Oritur ActioNo action can arise from an illegal actSection 23
 23Bule Pencil RuleThe 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
 24Rule of nudum pactumAn agreement without consideration is voidSection 25
 25Ex nudo pacto actio non oriturNo action arises on a contract without a considerationSection 25
 26Conventio privatorum non potest publico juri derogareAn agreement of private persons cannot derogate from public rightSection 28
 27Principle of ContributionA 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
 28Doctrine of FrustrationWhen the performance of the contract becomes impossible, the contract is said to be frustrated.Section 56
 29Actus dei nemini injuriamLaw holds no man responsible for the act of GodSection 56
 30Lex non cognit ad impossibiliathe law does not compel a man to do anything vain or impossible or to do something which he cannot possibly perform.Section 56
 31Impossibilium Nulla obligation estNobody has any obligation to do the impossible.Section 56
 32A I’impossible Nul N’est TenuNo one is bound to do what is impossibleSection 56
 33Impotentia excusat legemImpossibility is an excuse in the lawSection 56
 34Lex Neminem Cogit ad vana seu impossibliaThe law compels no one to do vain or impossible thingsSection 56
 35Mutatis MutandisWith necessary changesSection 62
 36Theory of Accord and SatisfactionThe promise may accept instead of performance of promise, any satisfaction which he may think fitSection 63
 37Theory of Quantum MeriutAs much as earned or reasonable remunerationSection 70
 38Actiones legisLaw suitsSection 73
 39Principle of subrogationWhen 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
 40Delegatus non potest delegareA delegatee cannot further delegateSection 190
 41Doctrine of Relation BackRatification relates back to the actual date of the act that is ratified and not from the date when the act ratified.Section 197
 42Qui facit per alium facit per seHe who acts through another, acts for himselfSection 222