The Illusory Promise Doctrine: A Shield or a Sword?
contract bar_exam beginner discussionI firmly believe that the Illusory Promise Doctrine is a sword used by companies to take advantage of consumers. In the landmark case of S.L. Kapoor v. Laxmi Cement Ltd. (1987), the Supreme Court of India held that where a contract contains a term which is not capable of being specifically performed, it's considered illusory and unenforceable. However, I think this doctrine has been misused, making it a sword to defeat legitimate contractual obligations.
For instance, in B. E. Ship Management Pvt. Ltd. v. Ship Captain Harbhajan Singh (2013), the court held that the terms and conditions of the employment contract were illusory and therefore unenforceable. I strongly disagree with this ruling because it sets a bad precedent, allowing companies to exploit their employees. What's your take on this?
"Bilkul the Illusory Promise Doctrine ka kya hai yeh debate bahut jatil hai. Mujhe lagta hai yeh ek shaktishali hamaaretu hai jo contractual disputes mein kuch sahi aur adhikarik jankari pradan karta hai. Yeh doctrine lagbhag sabhi samajhdar jurist ke saath hai, lekin iski apni kuch khatrnein bhi hain jo iska prabhavi upyog karte hue aavashyak hoti hain.