Singhvi Warns on Inconsistent Contract Law Rulings by Indian SC

• Senior Advocate Abhishek Manu Singhvi raised concerns about inconsistent contract law rulings by Indian Supreme Courts.
• Singhvi compared India's judicial system to having '10 Supreme Courts' within the same building due to subjectivity and inconsistency.
• The inconsistent rulings may lead to subjectivity and inconsistency, making it essential for lawyers to carefully review contracts.

Contracts begin with consent. They survive on trust, and they endure through the rule of law. A society that honours its contracts ultimately honours the rule of law itself.

Senior Advocate Abhishek Manu Singhvi has sounded a warning about the inconsistent contract law rulings by the Indian Supreme Courts, remarking that India may effectively have '10 Supreme Courts' within the same building. This observation was made during the launch of The Fundamentals of Indian Contract Law, authored by Advocates Aman Ahluwalia and Thomas Sebastian.

Singhvi's concerns stem from the fact that in an effort to do justice in each individual case, the cohesiveness of general principles is often diluted, creating a risk of subjectivity and inconsistency. This issue has been exacerbated by the subjective and polyvocal nature of Indian court judging.

Singhvi's comments were informed by his encounter with contract law scholar Patrick Atiyah's work on the rise and fall of freedom of contract during his undergraduate days at Cambridge in 1979. Atiyah's book highlighted the decline of contractual intent, a concern that was already relevant in England 45 years ago but is even more pressing in India today.

The Senior Advocate emphasized that contracts begin with consent, survive on trust, and endure through the rule of law. A society that honours its contracts ultimately honours the rule of law itself.

Singhvi's remarks underscore the need for lawyers to carefully review and advise clients on contracts in light of potential variations in judicial decision-making. The inconsistent contract law rulings by the Indian Supreme Courts may lead to subjectivity and inconsistency, making it essential for legal professionals to navigate these complexities.

The launch event highlighted the importance of understanding the nuances of Indian contract law, particularly in relation to contractual intent. As Singhvi noted, India's unique judicial landscape requires a tailored approach to contract law, one that acknowledges the subjective nature of court judgments.

Lawyers should be aware that inconsistent contract law rulings by the Indian Supreme Courts may lead to subjectivity and inconsistency, making it essential for them to carefully review and advise clients on contracts in light of these potential variations.

Source: Original reporting via The Fundamentals of Indian Contract Law launch event