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Report No. 97

Section 28, Indian Contract Act, 1872: Prescriptive Clauses in Contracts

Chapter 1 Introductory
1.1 Genesis and scope
2. Point for consideration
3. Working Paper
Chapter 2 The Existing Law
2.1. The problem
2. Section 28, Contract Act
3. Effect of section 28
4. Illustrative cases
5. Reasoning
6. Discussion in Report on Contract Act
7. Supreme Court judgment relating to Carriers Act, 1855
8. Section 28, Contract Act-not in issue before the Supreme Court
Chapter 3 Demerits of the Existing Law
3.1. Anomaly and hardship under the present position
2. Prescriptive clause and the freedom of contract
3. Freedom of contract and its limits
4. Kerala case an instance of concrete hardship
5. Bombay case
6. Need for reform in the interest of economic justice
7. Uncertainty resulting from the present position
8. Assumed justification for present position
9. Possible arguments in support of the present position considered
10. Privy Council case
11. Analogy of English law not applicable
12. American Law
13. Proper approach
Chapter 4 Comments Received on the working Paper
4.1. Comments favouring amendment
2. Analysis of comments
3. Comments received from the High Courts
4. Comments received from State Government
5. Insurance law, and law of Common Carriers
6. Adhesion Contracts
7. Provisions concerned with legal proceedings other than suits
Chapter 5 Recommendation
5.1. Need for reform of the law
2. Demerits of the present law
3. Recommendation to amend section 28, Contract Act

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