Abstract

American and Nepalese contract law may be put at two ends of spectrum. The former legal system is a long parent system. This comparative study will probe some of the causes of the stasis in Nepalese contract law by examining the Contract Act, cases adjudicated under it, and related provisions of the other laws. The inquiry is restricted to certain selected areas of functional interest form a Nepalese perspective and does not purport to examine interest interrelated doctrinal or other areas with equal thoroughness. The approach throughout is to study the Anglo-American contract law on the subject and compare Nepalese law. It begins by examining the uncertain state of affairs after the enactment of the Contract Act. Secondly, an academic question is floated: whether Nepal needs the unique common law concept of consideration or no? Thirdly, the subject of the breach is examined. Finally, the remedial provisions of specific performance and damages are individually examined.

Share

COinS