Click here to download the full paper (PDF)
Authored By: Mr. Jay Kumar Gupta (B.B.A.LL.B (Hons)), & Co-Authored By: Mr. Venkata Kishore Sreemalle (B.B.A.LL.B (Hons)),
School of Law, NMIMS Bengaluru,
Click here for Copyright Policy.
ABSTRACT:
“The authors of this research piece conducted extensive research on the historical background of contract law. The authors have looked at things from both an Indian and a global standpoint.
Authors have analysed the development of the Indian Contract Act, 1872, from an Indian perspective by analysing the situation before, during, and after its enforcement. The role of numerous regulatory statutes throughout the British era, as well as the functions of High Courts in Madras, Bombay, and Calcutta in dealing with contractual matters, are also explored. The differences in the approaches to resolving contractual conflicts between two major religions, Hinduism and Islam, as well as their inconvenient consequences, are also being addressed.
They also reviewed the evolution of contract law throughout the various periods of history, including the Vedic and mediaeval periods, the Mohammedan period, and so on. Furthermore, titles that were used to deal with contract law in Hindu law and a brief overview of the historical foundations of modern contract law are also discussed. From a global perspective, authors have studied Roman Contract law, which has its roots in the law books of the Byzantine emperor Justinian from the 6th century CE. Roman Contract Law’s influence on English common law, which eventually became the cornerstone of Indian Contract Law, is also explored. The scenarios of contract law in the sixteenth, seventeenth, eighteenth, and twentieth centuries are briefly reviewed”.
I. INTRODUCTION:
The Contract Act is one of the most important pieces of legislation that governs all commercial relationships, not just in the commercial world, but also in our everyday lives. The Indian Contract Act of 1872[1] was primarily intended to ensure the reasonable fulfillment of promises made by the parties to each other, as well as the enforcement of the duties and responsibilities imposed by an agreement between them.[2] It is one of the most important British enactments, and the concepts codified within it are nothing more than the codification of broad principles guiding the parties’ trading relationship. Contractual interactions were controlled by the personal laws of various religious sects before the introduction of the India Contract Act[3]. The Indian Contract Act categorizes the mechanism by which we engage in a commercial connection, execute a contract, carry out contractual obligations, and deal with the consequences of contract breaches. Contractual capability may be limited in some circumstances, but most of the time, the individual decides to contract[4].
The Transfer of Property Act[5], the Sale of Goods Act[6], and the Specific Relief Act[7] are all sections that deal with property, whether immovable or movable, goods and services, and specific performance. Some of these acts were originally incorporated into the Indian Contract Act of 1872 but were eventually codified as independent statutes. Furthermore, the Act does not apply retroactively, as a result, any contracts made before September 1, 1872, even if it is to be performed after the enactment of this Act, are void[8]. The Indian Contract Act of 1872 [Act 9 of 1872] was enacted on April 25, 1872, and went into effect on September 1, 1872.[9]
The Indian Contract Act is founded on the ideas of English Common Law[10]. The history of the Indian Contract Act teaches us about the origins of commercial processes and the significance of contracting to do business in our daily lives. In ancient times, the predominant system was barter, which was founded on the reciprocal concept of giving and taking. To comprehend the Indian Contract Act in its current form, we must first examine the history of contract law, taking into account the practices that existed before the enactment’s implementation The major areas of discussion will be the Vedic and Medieval Periods, Muslim and Hindu Periods, and the British Regime[11].
II. EVOLUTION OF CONTRACT LAW IN DIFFERENT PERIODS:
II.I VEDIC AND MEDIEVAL PERIOD:
Throughout the ancient and medieval periods of human history, India had no conventional contract code. Principles were derived from a variety of sources, including Hindu legal sources, such as the Vedas and Dhramshatras, Smritis, and Shrutis[12] provide a vivid depiction of the law at the time, which was akin to contracts. The regulations governing contracts are found in the Vyavaharmayukha section of the law[13]. The origins of contract law and the concept of contractual ties can be traced back to the Vedic period, as evidenced by smritis studies, Contract law evolved from Vedic times onwards as a result of customs and traditions. We are aware that contractual matters such as debt deposits and pledges without ownership, mortgages, and gifts are covered[14].
Modern contract law shows a strong resemblance to the general rule of contract. For example, as described in the Manusmriti[15], the competence of the parties willing to engage in a contract is the first and most important prerequisite for the process of a legitimate contract to begin. Dependents, minors, sanyasis, persons without limbs, and those addicted to vices were all ineligible to enter into a valid contract under Section 11 of the Indian Contract Act, 1872[16], which stated that dependents, minors, sanyasis, persons without limbs, and those addicted to vices were all ineligible The king, the Vedic teacher, and the household leader are the three types of competent persons in the Narad Smriti[17]. During Chandragupta’s reign, commercial transactions were conducted as “bilateral transactions” between two parties. Free permission and agreement on the same item in the same sense that agreement on all the terms and conditions involved in the contract were the essential ingredients of these enterprises. The following contracts were declared null and void[18].
- Contracts formed after the evening time were null and void, i.e., contracts formed at night[19].
- Contracts entered into the anterior chamber of the house[20].
- Contracts formed in the hills, old places, woodlands, or any other obscure spot were null and invalid[21].
II.II MAHOMEDAN PERIOD [22]:
During the Mahomedan period in India, the Mohammedan Law of Contract applied to all contract-related matters. Aqd, which means conjunction in Arabic, is the term contract.[23] It represents the meeting of the proposition (ijab) and the acceptance (Kabul).[24] A valid contract requires at least two parties; one makes an offer, and the other accepts it; both parties’ minds must agree on the same thing and in the same sense; the declaration must relate to the same matter and the object of the valid contract, and both parties’ minds must agree on the same thing and in the same sense.[25] It also established regulations for administering commercial, mercantile, and exclusive contracts such as agency (vakalat), guarantee and indemnification (zamaanat and tamin), partnership (shirkat), one person’s money and another’s work (muzarabat), and bailment (kafalat).[26] Secular contracts were applied to all transactions involving all forms of property disputes and succession issues. During the British administration of India, the two most common religions with separate personal laws were Hindus and Muslims, who each had their ideas on what constitutes a contractual agreement when a breach of contract occurs, and what constitutes acquiescence. [27] Islamic regulations were supported by Mahomedans because they were regarded holy and believed to be revelations from God/Allah. Every component of their civil law, like their marriage contract or their contract for the inheritance of property, centres around the contract, according to Islamic law. Surah Al-Maidah,[28] The Ayah, is the source of Islamic contract law.
Under Muslim law, illegal transactions were declared null and void from the start, Under Muslim law, these transactions were split into three groups:-
(i) RIBA AL-FADL: It’s a contract in this case that resulted in unlawful excess in exchange for counter-values in a subsequent transaction.[29]
(ii) RIBA AL-NASI’A: which refers to a transaction that resulted in illicit profit without the completion of a counter-value exchange.[30]
(iii) RIBA AL-JAHILYA: It’s also called prehistoric riba, and it entails the lender asking the borrower if he wants to pay off the debt or extend it[31].
Contracts can be invalidated in two ways under Islamic law, the first is for either party to unilaterally cancel the contract without any legal reason, and the second is for the contract to be terminated due to frustration, The following are the grounds for contract termination:[32]
(i). Invalidation by mutual agreement.[33]
(ii). Cancellation of the contract due to the death of one of the contracting parties, the destruction of the subject matter, or the passage of time.[34]
(iii) Cancellation by either side terminating the agreement.[35]
II.III HINDU LAW:
The jurisprudence of Hindu law is fundamentally different from that of English law. Hindu law is the product of the compilation of numerous practices and works of Smritikaras, who interpreted and evaluated Vedas to develop Hindu law in its various aspects. In Hindu law, titles were employed to deal with contract law.[36] Manusmriti[37] dealt with the inability to enter into a contract in terms of contract law. It established the premise, which is now followed in the Indian Contract Act, that a contract entered into by a minor, an intoxicated person, an elderly person, or a cripple is not a valid contract.[38]
An infant, according to Narada Smriti[39], is someone who is between the embryonic stage and the age of eight years from the age of eight to sixteen, the child is considered a boy, and after sixteen, the person can engage in a contract. As a result, the age of the majority to enter into a contract is 16 years, which is two years lower than the age stipulated by the Indian Contract Act.[40] Manu also addressed the contract’s fraudulent element, stating that any contract involving a mortgage, sale, fraudulent gift, or any contract driven by a fraudulent aspect, shall be considered null and void.[41] He went on to say that any transaction consent obtained under coercion or threat of force shall be ruled null and void.[42] This leads to the essential feature of the contract, which is the same for both Muslim and Hindu law, and which is enshrined in the contract legislation, which states that any agreement entered into in violation of the law is null and void.[43]
II.IV BRITISH REGIME:
Around 1600, Britishers arrived in India and began governing the country through charters and various regulations.[44] The Supreme Court of Judicature was established in Calcutta to replace the mayor’s court by the Regulating Act of 1773, and it served as the highest court of British India from 1774 to 1862, until the High Court of Calcutta was established under the Indian High Courts Act[45][46]. The Charters of the eighteenth century, which created the Courts of justice in the three towns of Calcutta, Madras, and Bombay, brought English common and statute law into India, so far as it related to Indian circumstances.[47] It is debatable whether English law was first established by the Charter of 1726[48], which stated that legislation passed up to that date would be enforced in India with the same force as in England, or later by the Charters of 1753-74, which covered acts passed up to 1774.[49] Before the Indian Contract Act, the English Law was applied in the Presidency Towns of Madras, Bombay, and Calcutta under King George I’s Charter of 1726[50] to the East India Company.[51]
III. INDIA’S ENGLISH LAW AND THE ACT’S SUBSEQUENT ENACTMENT:
It was the charters of eighteen century that laid down the foundations of the courts of justice. Subsequently, it laid down the establishment of the English Common law. Courts of Justice were made in Madras, Bombay, and Calcutta. These three were the presidencies In the Indian Colonies. But the effect of these Court of Justice was whole for Indian circumstances.[52] The charter of 1726[53] which laid down the foundation of statutes law in India and are enforced in the same effect in India as enforced in England or eventually, to encapsulate the statutes up till 1974 by the effect of charters 1753-1774 were the matter of dispute that which of these aforesaid laid down the foundation of English Common Law[54]. There was the non-selective use of the English Common Law by the Supreme Court to the members of the two major religions i.e., Hindu and Muslim which led to various problems.[55]
To preclude such inconveniences, such a mechanism was set up where Supreme Court at Calcutta was authorized by the statute of 1781[56] and the same authorization was given to the High Court of Mumbai and Madras.[57] Authorization to decide all the lawsuits which are contractual to ascertain all contractual actions and lawsuits against the aboriginals aforementioned towns in the case of Mahommedans, by Mahommedan laws and usages, in the case of Hindus, by Hindu laws and usages, or were just one of the factions was Mahommedan or Hindu, by the defendant’s laws and usages[58][59]. And the outcome of this was that the Hindu’s contractual disputes will be governed by the Hindus laws and the Muslims’ contractual disputes will be governed by the Mohamed dan laws. This practice was continued until the advent and enactment of the Indian Contract Act[60]. High Courts were set up in the presidency town of Madras, Calcutta, and Bombay in 1862.[61] The courts that had been established under the terms of the legislation of 1781 and 1797 were discontinued. The charters of these newly created High Courts contained the same requirements about the law that had to be applied. Hindus and Muslims both have personal contract laws that were applied in the same way.[62] These charters were embodied as subject to the legislative powers of the ‘Governor-General in Council’ per clause 44 of the Charter of 1865[63].
The Indian Legislature was granted the right to amend the provisions of clause 19 of the 1865 charter.[64] The Indian Contract Act was enacted as a result of the Indian legislature exercising its power to regulate contract concerns.[65] The High Courts were nevertheless required to apply the personal laws of the contract to Hindus and Mohammedans in the exercise of ordinary civil jurisdiction, as defined by the words ‘law and equity in clause 19.[66]
When no particular statute exists, district and city court judges shall operate in accordance with justice, equity, and good conscience. Two regulatory statutes, Section 21 of the Bengal Regulation 3 of 1793 and Section 27 of the Madras Regulation 2 of 1802, provided this guidance.[67]These rules have been revoked. However, section 37 of the Bengal Civil Courts Act 1887[68] and section 16 of the Madras Civil Courts Act 1873[69] both contain directives to work in line with justice, equity, and good conscience.[70] Section 26 of the Bombay Regulation 4 of 1827, which is still in effect, stated that in the court hearing of suits, the law to be observed is the Acts of Parliament and regulations of government relevant to the particular instance of the case, and in the lack of mention of such acts and regulations, the usage of the country in which the suit emerged; and if none of these appeared, the law of the defendant, and in the non-availability of specific law and usage, equity and good conscience.[71] The concepts ‘justice, equity, and good conscience’ were interpreted in the same way that they would be applied to India’s society and circumstances under English Common Law.[72]
It has been observed that the English Common Law has not caused any difficulties or inconveniences in practice. The fact that in most cases there was no distinction between English and Personal Laws could be the cause for this. Another possible reason is that in the majority of the cases, there were no personal laws in place, therefore no objections were raised by the parties engaged in the lawsuits.[73] The Indian businessmen gathered experience in the United Kingdom (then Briton) also helps to lessen the problems. Unless it clashed with Hindu or Mahommedan law, the law of England generally triumphed throughout the nation, as long as it was consistent with the expectations and the principles of equity and moral conscience[74].
IV. THE HISTORICAL FOUNDATIONS OF MODERN CONTRACT LAW:
Contract law as we know it now is a product of the nineteenth century. It originated as a reaction to and critique of the medieval tradition of substantive justice, which, surprisingly, had maintained a key component of eighteenth-century legal philosophy, particularly in America. Judges and jurists did not finally reject the long-held idea that contractual obligations are justified by the inherent justice or fairness of a trade until the nineteenth century. Instead, they stated for the first time that the source of the contractual obligation is the convergence of the contracting parties’ wills[75].
V. ROMAN CONTRACT LAW:
The Byzantine emperor Justinian’s law books from the 6th century CE[76], known as Roman Contact Law, is a reflection of a long economic, social, and legal growth. They acknowledge a variety of contract and agreement kinds. Some of them are legally binding, while others aren’t. The classifications and differences of Roman Law have occupied a significant portion of legal history. In the later stages of development,[77] Roman Law or agreements known as informal executory contracts were enforced after they were made. The disintegration of the Western Empire put an end to this stage of development. Weak and ineffectual institutions supplanted the Roman courts and government. This occurred after the fall of Western Europe, as a result of the transition from rural to urbanized commercial civilization.[78] Contract law’s emergence and growth paralleled Western Europe’s economic, political, and intellectual renaissance. In nearly every country, it was accompanied by a commercial resurgence and the rise of national authority. Traditional structures, both in England and on the Continent, were regarded as unsuited for the emerging commercial and industrial cultures.[79]
Informal agreements are important for trade and business in economic systems, but they are not legally enforceable. Even when a trading economy developed, England’s and the continent’s economic activity continued to flow inside the legal framework of the formal contract and the half-completed deal (that is, a transaction already fully performed on one side). In both continental Europe and England, building a contract law was a difficult undertaking.[80] Both legal systems eventually generated what was needed: a corpus of contract doctrine that could be used to enforce everyday business agreements involving a future exchange of values.[81] The new agreement regulation arose in Europe because of service provider practices, which have been first outdoor the criminal order and couldn’t be supported in courts of regulation. Merchants devised casual and adaptable enterprise strategies that have been appropriate for lively industrial activity.[82] Merchants` courts have been shaped at global alternate festivals via way of means of the thirteenth century. The service provider courts supplied short methods and fast justice, and they have been run via way of means of men and women who have been traders themselves so that they have been well-versed in mercantile troubles and conventions.[83] The improvement of settlement regulation on the Continent and in England started to diverge withinside the twelfth and thirteenth centuries. The not unusual place regulation of contracts developed pragmatically in England thru the courts. The method becomes extraordinarily extraordinary at the Continent, with speculative and systematic philosophers gambling a mile’s large role.[84]
V.I INFLUENCE OF ROMAN LAW IN ENGLISH COMMON LAW:
Ancient Greek and Roman wondering had a huge effect on English settlement regulation. Plato did now no longer spend plenty of interest on forms of agreements in The Laws, even though he did become aware of the equal trendy classes for cancelling agreements that exist today.[85] For guarantees to be enforced, Roman regulation acknowledged many kinds of contractual transactions, every with its set of conditions.[86] The trendy type, stipulatio, required the usage of numerous phrases to create an obligation, or it can be written down in a contractus litteris. There have been 4 forms of consensual agreements, in addition to 4 forms of contracts that created belongings rights, which include a pignus or a secured loan (mutuum).[87] Roman law, based on the nature of the transaction, represents an earlier division between different contract types than those born of the broader norms of ancient Greece.[88]
VI. THE SCENARIO IN THE 16TH CENTURY:
At this point, the judges` foremost difficulty becomes how the not unusual place regulation might smash loose from the “guess of regulation” mold.[89] The courts sooner or later determined a solution to this conundrum beneath neath tort regulation.[90] They had already devised a tort obligation wherein the obligee may sue at the not unusual place regulation movement of “trespass at the case” if someone undertook to carry out responsibility and brought about damage to the obligee withinside the process, and this idea become dubbed “assumpsit” (from the Latin assumere, which means that the defendant undertook)[91].
VII. THE SCENARIO IN THE 17TH AND 18TH CENTURY:
In the 17th and eighteenth centuries, the transferability of agreement rights as a form of property, in addition to the implementation of rules requiring the signature of sure styles of contracts and the status quo of the belief of promise reliance, had been all recognized. Throughout this time, however, the development changed into slow. [92] Things had modified significantly with the aid of using the give-up of the eighteenth century. The years from 1800 to 1875 in America had been “above all, the years of the agreement,” in keeping with a cutting-edge prison historian.[93] The regulation that dominated it expressed “the character of agreement” with the aid of using requiring guys to “verify their interests, attempt for them, and combat for them if they desired the state`s backing.”[94] It`s additionally generally assumed that Adam Smith said at the time that settlement freedom, or the electricity to create legally enforceable agreements, might inspire character entrepreneurial activity.[95] From a utilitarian standpoint, the liberty to settlement maximizes the well-being of the events and for this reason, works for the best of society.[96]
VIII. THE SCENARIO IN THE 20ST CENTURY:
During the 20th century, changes in legislative and judicial attitudes influenced major reforms of contract law in the 19th century.[97] First, non-profit contracts were given special protection, and large corporations wanted to benefit from “contract independence.” [98]Consumer contracts[99] are called “responsibility contracts” because there is little actual negotiation and most people are given the condition to “take it or leave it.”[100]
IX. CONCLUSION:
Contracts have taken over in today’s world in every human action. It is very significant in commercial interactions. A contract is a legally binding agreement between two or more parties. A contract’s principal aim is to formalize new ties and layout the different legal obligations that each party owes to the other. The majority of contracts today are made between businesses rather than individuals. While people will occasionally sign basic contracts – such as to sell a property or accept a job offer – corporations will sign legal agreements with partners, customers, and suppliers in large numbers. Contractual agreements are the bedrock of any business partnership[101].
Cite this article as:
Mr. Jay Kumar Gupta & Mr. Venkata Kishore Sreemalle, “Historical Foundations of Contract Laws”, Vol.3 & Issue 4, Law Audience Journal (e-ISSN: 2581-6705), Pages 16 to 29 (25th February 2022), available at https://www.lawaudience.com/historical-foundations-of-contract-laws/.
Footnotes & References:
[1] The Indian Contract Act,1872, No. 9, Acts of Parliament,1872(India).
[2] Akash, History of Indian Contract Act 1872, LEGALKATTA (last visited: 19th Feb. 2022, 23: 48 IST) https://www.legalkatta.in/2021/06/history-of-indian-contract-act-1872.html.
[3] Ibid.
[4] Ibid.
[5] The Transfer of Property Act,1882, No. 4, Acts of Parliament,1882 (India).
[6] The Sales of Goods Act,1930, No. 3, Acts of Parliament,1930 (India).
[7] The Special Relief Act,1963, No. 47, Acts of Parliament,1963 (India).
[8] Supra Note 2.
[9] Law Teacher, History of the Indian Contract Act 1872. [online]. Available from: https://www.lawteacher.net/free-law-essays/contract-law/history-of-the-indian-contract-act-1872-contract-law-essay.php?vref=1[Accessed 18 February 2022].
[10] Andrew D.E. Lewis, Common Law, Britannica (Last visited: 19 Feb. 2022,23:57 IST) https://www.britannica.com/topic/common-law.
[11] Supra Note 2.
[12] Jatin Garg, Sources of Hindu Law [Updated], Indian Legal Solution (Last Visited: 18 Feb. 2022,16:43 IST) https://indianlegalsolution.com/sources-of-hindu-law/.
[13] Sujoy201813, Historical Background of Indian Contract Act 1872, Legal Service India (Last Visited: 20 Feb. 2022,00:02 IST) https://www.legalserviceindia.com/legal/article-7749-historical-background-of-indian-contract-act-1872.html.
[14] Supra Note 2.
[15] The editors of Encyclopaedia Britannica, Manu-Smriti, Britannica (Last Visited: 17 Feb. 2022,10:21 IST) https://www.britannica.com/topic/Manu-smriti.
[16] The Indian Contract Act,1872, & 2, No. 9, Acts of Parliament,1872 (India).
[17] Prakashan, Sundeep (2007). “The Naradasmrti by Richard W. Lariviere (tr.)”. sundeepbooks.com. sundeepbooks.com. Retrieved 11 December 2008.
[18] Supra Note 2.
[19] Ibid.
[20] Ibid.
[21] Ibid.
[22] Atul Chandra Patra, Historical Background of the Indian Contract Act 1872,4,Indian Law Institute 373,(1962) https://www.jstor.org/stable/43949727.
[23] Syedaaima, ISLAMIC CONCEPT CONTRACT.docx, Course Hero (Last Visited : 16 Feb. 2022, 11 : 02 IST) https://www.coursehero.com/file/62857940/ISLAMIC-CONCEPT-CONTRACTdocx/..
[24] Ibid.
[25] Supra Note 2.
[26] Supra Note 9.
[27] Supra Note 2.
[28] Wikipedia, https://en.wikipedia.org/wiki/Al-Ma%27idah (last visited: Feb. 6, 2022).
[29] Cimaglobal, https://www.cimaglobal.com/Qualifications/Islamic-finance-qualifications/Islamic-finance-resources/Glossary-A-Z/Riba-al-fadl/#:~:text=The%20concept%20of%20Riba%20al,a%20different%20quality%20or%20quantity.&text=In%20order%20to%20avoid%20Riba,quantities%20at%20the%20same%20time (last visited: Feb. 6,2022).
[30] Cimaglobal, https://www.cimaglobal.com/Qualifications/Islamic-finance-qualifications/Islamic-finance-resources/Glossary-A-Z/Riba-al-nasiah-/ (last visited : Feb.6 ,2022).
[31] FINcyclopedia, https://fincyclopedia.net/islamic-finance/r/riba-al-jahiliyyah (last visited : Feb 20,2022).
[32] Supra Note 2.
[33] Ibid.
[34] Ibid.
[35] Ibid.
[36] Wikipedia, https://en.wikipedia.org/wiki/Hindu_titles_of_law (last visited : Feb 20,2022).
[37] Supra Note 15.
[38] Supra Note 2.
[39] Supra Note 17.
[40] Supra Note 2.
[41] Ibid.
[42] Ibid.
[43] Ibid.
[44] The editors of Encyclopedia Britannica, East India Company, Britannica(Last visited : Feb 17, 2022) https://www.britannica.com/topic/East-India-Company.
[45] Indian High Courts Act 1861″. GKToday. 17 October 2011. Retrieved 20 March 2017.
[46] Supra Note 2.
[47] Supra Note 9.
[48] Charter Act of 1726, Advocatespedia (last visited: Feb 20,2022) https://advocatespedia.com/Charter_act_of_1726.
[49] Supra Note 2.
[50] Abhishek Singh, Corporation Under Charter of 1726,Journal for Law Students and Researchers (Jan. 13,2021) https://www.jlsrjournal.in/corporation-under-charter-of-1726-by-abhishek-singh/#:~:text=The%20Charter%20of%20Company%20was,vital%20provisions%20having%20far%20consequences.
[51] Supra Note 2.
[52] Supra Note 9.
[53] Supra Note 47.
[54] Supra Note 9.
[55] Ibid.
[56] The Amending Act 1781,gktoday (June 25,2009) https://www.gktoday.in/topic/amending-act-1781_25/#:~:text=The%201781%20amendment%20exempted%20the,became%20limited%20to%20only%20Calcutta.
[57] Supra Note 9.
[58] Supra Note 53.
[59] Supra Note 9.
[60] Ibid.
[61] Brief History of Calcutta High Court, Calcutta High Court (Last Visited : Feb 20,2022) https://www.calcuttahighcourt.gov.in/page/History.
[62] Supra Note 9.
[63] Ibid.
[64] Ibid.
[65] Ibid.
[66] Ibid.
[67] Ibid.
[68] The Bengal, Agra and Assam Civil Courts Act,1887, &37, No. 12, Acts of Parliament,1887 (India).
[69] The Madras Civil Courts’Act,1873, & 16, No. 3, Acts of Parliament,1873 (India).
[70] Supra Note 9.
[71] Ibid.
[72] Ibid.
[73] Ibid.
[74] Ibid.
[75] Morton Horwitz, The Historical Foundations of Modern Contract Law,87, Harvard Law Review 917,917(1974) http://pryan2.kingsfaculty.ca/pryan/assets/File/Horwitz%20on%20Contract.pdf.
[76] The editors of Encyclopedia Britannica, Code of Justinian, Britannica (last visited: Feb. 18,2022) https://www.britannica.com/topic/Code-of-Justinian.
[77] Arthur Taylor von Mehren,Contract,Britannica(last visited : Feb 20,2022) https://www.britannica.com/topic/contract-law#ref21766.
[78] Ibid.
[79] Ibid.
[80] Ibid.
[81] Ibid.
[82] Ibid.
[83] Ibid.
[84] Ibid.
[85] Wikipedia, https://en.wikipedia.org/wiki/History_of_contract_law (Last Visited : Feb 20,2022).
[86] Ibid.
[87] Ibid.
[88] Ibid.
[89] Supra 9.
[90] Ibid.
[91] Ibid.
[92] Supra Note 9.
[93] Ibid.
[94] Ibid.
[95] Ibid.
[96] Ibid.
[97] Supra Note 80.
[98] Ibid.
[99] Consumer Contracts, business companion (last visited : Feb 20,2022) https://www.businesscompanion.info/en/quick-guides/consumer-contracts#:~:text=A%20consumer%20contract%20is%20a,in%20writing&text=No%20words%20are%20spoken%2C%20but%20it%20is%20a%20contract%20all%20the%20same.
[100] Supra Note 80.
[101] “What is the purpose of a contract and why are contracts important?”, JURO (Feb 3,2022) https://juro.com/learn/purpose-of-a-contract.
