Disclaimer And Rejection Of Executory Contracts: Exploring Practices In India And The UK

Mehak Khandelwal, Amity Law School, Noida

ABSTRACT

This research paper presents a comparative study of the disclaimer and rejection of executory contracts in the context of Indian and UK legal systems. Executory contracts, popularly understood as ongoing obligations yet to be fulfilled, pose a series of challenges in the realm of contract law, particularly citing the ability of parties to disclaim or reject such contracts. Through a detailed examination of statutory provisions, case law precedents, and legal principles, this paper delves into the legal frameworks governing disclaimers and rejection in both jurisdictions.

The paper explores the policy rationales and underlying objectives driving the treatment of executory contracts in India and the UK, emphasizing concepts such as contractual freedom, fairness, and the protection of parties' interests. By analyzing key legislative enactments, including the Indian Contract Act 1872 and the Sale of Goods Act 1979 in the UK, alongside relevant case law developments, the study uncovers the similarities, differences, and emerging trends shaping the treatment of executory contracts.

Furthermore, the paper evaluates the practical implications of disclaimer and rejection actions on parties to executory contracts, considering factors such as contractual rights, liabilities, and remedies available under each legal system. Case studies and hypothetical scenarios are employed to illustrate the application and enforcement of disclaimer and rejection clauses in real- world contexts, offering valuable insights for legal practitioners, businesses, and policymakers. Through a comparative lens, this research contributes to a deeper understanding of the complexities surrounding executory contracts and provides practical guidance for navigating contractual relationships in both the Indian and UK legal landscapes.