DIFFERENCE BETWEEN INDIAN CONTRACT ACT AND ENGLISH CONTRACT LAW
AUTHOR – MR. RUSHIKESH K. PATIL, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE
BEST CITATION – MR. RUSHIKESH K. PATIL, DIFFERENCE BETWEEN INDIAN CONTRACT ACT AND ENGLISH CONTRACT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 418-431, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Difference Between Indian Contract Act and English Contract Law. The legal systems of India and England share a historical connection rooted in colonialism. The Indian Contract Act of 1872 was influenced by English contract law, a legacy that shapes the contractual landscape in both jurisdictions. Currently, Indian contract law and English contract law coexist, each with its nuances. While India’s legal framework has evolved with amendments, English contract law continues to be a benchmark globally. The present status reflects a dynamic interplay between tradition and adaptation in contractual regulations. The research delves into the comparative analysis of Indian Contract Law and English Contract Law. It aims to unravel the similarities, differences, and evolving dynamics between these legal frameworks governing contractual relations in two distinct jurisdictions. (Research Problem) Gray areas persist in understanding how cultural, historical, and socio-economic factors influence the interpretation and application of contract law in India and England. The need for this research arises from the potential conflicts and challenges people face when navigating contracts across these jurisdictions. the existing legal infrastructure adequately addresses the challenges arising from the divergent historical, cultural, and economic contexts of India and England. Potential disparities may require a more nuanced and context-specific approach to ensure fairness and efficacy. Possible reforms include harmonizing certain aspects of contract law to facilitate smoother cross-border transactions, providing clearer guidelines for dispute resolution in international contracts, and fostering a mutual understanding of legal principles between the two jurisdictions. These reforms aim to enhance legal certainty and promote cross-border business interactions. The research aims to foster a deeper understanding of the legal intricacies between Indian and English contract law, recognizing their shared history and contemporary differences.
Keywords: Comparative Analysis, Contract Law, Cross-border Transactions, Legal Frameworks, Reforms, Shared History