Contract Law

Contract Tricks That Fool Courts πŸ“œ


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πŸ›οΈ The Contract Label That Doesn't Guarantee Anything

🌟 Ever thought writing 'liquidated damages' in your contract automatically protects you? Think again! Indian courts don't just read the fancy legal labels - they dig deeper to understand what you really meant when you signed that deal.

πŸ’‘ What You'll Discover:

  • πŸ” Why Indian Contract Act Section 74 cares more about fairness than your contract's wording
  • βš–οΈ The crucial difference between genuine compensation and scary penalty amounts
  • 🎯 How courts decide if your predetermined amount is reasonable or just intimidation
  • πŸ“Š Four practical tips for writing enforceable damage clauses that actually work

πŸš€ Real Cases Discussed:

  • πŸ’Ž Campbell v. Farran - The comedian who learned that Β£1000 'damages' were actually just a penalty in disguise
  • ⭐ Unitech Ltd vs. Telangana State Industrial Infrastructure Corporation (TSIIC) - How Supreme Court cut down excessive interest rates in 2021
  • 🏒 ONGC Ltd vs. Saw Pipes Ltd - The landmark case that clarified when you need to prove actual losses

🎯 Business Reality Check:

  • πŸ“ Why your calculation method matters more than the final number
  • ⚑ How 'substance over form' principle protects parties from unfair contract terms
  • πŸ’° When courts will reduce your predetermined amounts regardless of what you agreed

πŸŽ™οΈ Perfect for business owners, legal professionals, and anyone who signs contracts - learn how to write damage clauses that courts will actually enforce, not reject as mere scare tactics!

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Contract LawBy Sharad Bansal