International approaches as plausible solutions to resolve the battle of forms under the Indian law of contract

Khanderia, Saloni (2019) International approaches as plausible solutions to resolve the battle of forms under the Indian law of contract. [Book Reviews]

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Abstract

The Indian court’s rigid application of the last-shot rule to resolve the problem of the battle of forms among conflicting standard terms in domestic disputes has resulted in unreasonableness and has fostered the conclusion of contracts in bad faith. Likewise, although there is substantial evidence to prove the existence of party autonomy in the choice of law and jurisdiction under Indian private international law, its courts have failed to delineate a coherent solution for “battles” arising on these aspects. The paper thus examines the plausibility of employing the solutions prescribed by the unidroit’s Principles on International Commercial Contracts and the Hague Conference on Private International Law’s Hague Principles on Choice of Law in International Commercial Contracts on the subject, as gap-fillers to interpret, supplement or develop the Indian national and private international law

Item Type: Book Reviews
Keywords: The battle of forms | Offer | Acceptance | Counter-offer | Standard terms | Indian Contract Act | 1872 | Indian private international law
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Shilpi Rana
Date Deposited: 07 Jan 2022 08:20
Last Modified: 27 Jul 2022 10:44
Official URL: https://doi.org/10.1163/2211906X-00801001
URI: https://pure.jgu.edu.in/id/eprint/620

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