Q. On breach of contract only such loss can be recovered as was in the contemplation of both the parties at the time of entering into the Contract. Discuss.
Answer Approach:
•Introduction: Explain the concept of judicial activism – definition, the need for judicial activism and some basic background as to how it took shape in the Indian context.
• Main body: Discuss various examples of positive use of judicial activism and analyse the benefits and effects of judicial activism. Then move on to the explanation about judicial overreach. Explain some examples of judicial overreach and suggest the way forward using the concept of judicial restraint.
• Conclusion: Conclude by giving some explanation of judicial activism in the context of concepts of separation of powers and checks and balances. End on a positive and balanced note.
• Tip for students: This is a very important theme on which questions are repeatedly asked in the exam. Thus, ensure that you practise writing this question in a structured manner and with the right mix of analysis as well as illustrations/case laws.
Students please note:
- You need to upload your answers in the Comments section under the questions. Students are advised to upload clear photos of handwritten answers.
- To maximise your benefit from this free answer writing exercise, try to read other students’ answers and jot down important pointers. This way you shall not only learn from the good aspects of others’ answers but also from their mistakes. You are encouraged to review each other’s answers for mutual benefit and help in building a supportive Law Optional Preparation Community
