Foundations of Indian Contract Law Launched in Delhi

Foundations of Indian Contract Law explores the evolution, principles, and complexities of Indian contract law with insights from global legal experts.

on Mar 10, 2025

Foundations of Indian Contract Law Launched

This is a groundbreaking book in the study of Indian contract law and was launched in a grand ceremony organized by the Shiv Nadar School of Law and the National University of Singapore in Delhi. The Guests of Honor were Supreme Court judge Justice K V Viswanathan and senior advocate and MP Abhishek Singhvi. Justice K V Viswanathan, while speaking at the launch function, said: 'The book critically examines and navigates the conflict between contract adherence and fairness. It comments on the doctrines of duress and unconscionability as which it attends to in tackling lopsided imbalances between the parties, while also reviewing fraud, misrepresentation, and mistake for their doctrinal coherence. This volume is more than an academic aspiration. It's an intellectual provocation, a possible challenge to the status quo, and an opportunity to dream again. It does not contend with merely what the law is. As I was saying, it dares to ask what the law ought to be. The themes of Foundations of Indian Contract Law, being launched today, resonate with these conflicting vistas. Though styled in common law, Indian courts are forever engaged in a feat of juggling the conflicting ideals of certainty and fairness within the context of contract interpretation. In balancing between certainty in contracts and interference by courts, economic efficiency and equitableness fairness, it forces synonymously the deeper contemplation for itself by other practitioners and policymakers that have created a huge extent of changes in development of legal systems. With these observations, I welcome the book. It will be very useful material for anyone concerned with law."

“The book deserves all success. I congratulate the publishers and again congratulate the contributors for taking time out to come out with this exercise to distill the essence of the law of contract and present it in a very useful language...” Senior Advocate Abhishek Singhvi said in his speech said: “There are many reasons to applaud this joint contractual venture of very diverse nationalities, cultures, approaches, and excellence upon a topic of Indian Contract Law. Each of these 22-24 chapters reflects that approach, and each theme attempted to ask the difficult doctrinal questions and then attempted to answer them. This book is not only a legal textbook; it is a contribution to the contemporary dialogue on how law and society interact within the context of Indian Contract Law. The book encourages us to think critically, fundamentally, and conceptually about contract law and its future.”

This book serves a useful purpose as an up-to-date compendium on the Indian law of contract in that it is not merely thematic and is, as he said, not intended to provide exhaustive coverage. And yet, the book does serve as a very adequate compendium for Indian contract law. It is only in public law that there prevails for invoking creative capacity far greater to accommodate legal adventurism- judicial subjectivity based, as it is, in a perceived sense of justice and injustice. The concept shall not decline per se in private law regarding contracts, but shall figure in the demise of contractual integrity and, at such an extent, in its cremation altogether." The name of the book is Foundations of Indian Contract Law," published by Oxford University Press. It is co-edited by Prof. Shiv Swaminathan (Dean, Shiv Nadar School of Law), Prof. Umakanth Varottil (National University of Singapore), Dr. Niranjan Venkatesan KC (Barrister, One Essex Court, London), and Dr. KV Krishnaprasad (Barrister, One Essex Court, London). The book explores critically the historical, philosophical, and comparative foundations of the Indian Contract Act of 1872 in context to its evolution through several landmark Supreme Court decisions. Further, it takes contributions from leading academics and practitioners that inspire filling the gaps between theory and practice. Besides, it takes a critical view of the evolution of contract law, identifying ambiguities in interpretation and prods the concerned to include these insights in drafting, forming, and resolving disputes.

Said Prof. Shiv Swaminathan, Dean, Shiv Nadar School of Law: “This book represents a significant step in reexamining the foundations of Indian contract law. The goal of this is to give academics, practitioners, and policymakers a more nuanced understanding of the developing principles of contract law that anchor them in reality. More importantly, in the context of India's rise of the global economy, an understanding of the nuance of contract law is necessary. The contents of this book are poised to direct the chorus of contract law in India, basically encompassing legal practitioners, businesses, and policymakers.” Said Prof. Umakanth Varottil, Associate Professor, Faculty of Law, National University of Singapore: “Given India's common law roots, the book benefits from an international perspective. Expert contributions by legal scholars from India, the UK, Australia, New Zealand, and Singapore have contributed to it. Such a cross-jurisdictional approach highlights how legal principles become adapted around the world and might inform potential reforms in India. By approaching contract law through the prisms of diverse legal systems, the book offers a comparative framework that enhances understanding and interpretation especially with regards to high-value cross-border transactions and disputes in a globalized economy.” The event featured talks by legal experts and academics on topics including: Consideration by Nigam Nuggehalli (NLSIU, Bangalore); Coercion, Undue Influence, and Unconscionability by Shivprasad Swaminathan (Shiv Nadar School of Law) and Veda Singh (Advocate, Delhi High Court); Illegality by Thomas Sebastian (Essex Court Chambers, London) and Aman Ahluwalia (Advocate, Delhi High Court); Restraint of Trade in India by Umakanth Varottil (National University of Singapore); Duty of Good Faith by Manasi Kumar (Jindal Global Law School); Frauds, Misrepresentation, and Mistakes by KV Krishnaprasad (One Essex Court, London); Rescission of Contracts Voidable for Lack of Free Consent by Steven Elliot KC (National University of Singapore, One Essex Court, London); and lastly, Negligence by Nilima Bhadbahde (ILS).

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