Vicarious Liability

Introduction: Liability for commission of tortious acts usually only attaches to a person who commits such tortious acts. There however exists an exception to this general norm. Under certain circumstances, liability for commission of tortious acts attaches to a person who has not actually committed the tortious act, under the law of torts such a... Continue Reading →

Civil Appeals: General Provisions

Introduction The expression ‘appeal’ or ‘appeals’ is nowhere defined under the Code of Civil Procedure, 1908. In the Black’s Law Dictionary an “Appeal” is defined as, “The complaint to a superior court of an injustice done, or error committed by an inferior one, whose judgment or decision the court above is called upon to correct, or reverse.” Further,... Continue Reading →

Company Directors

Introduction A company / body corporate is not a natural person, it is an artificial person created by the law. A natural person has a mind with which it can form scienter (i.e., knowledge and intent) and a body with which it can act upon the scienter so formed.  However, since a company / body... Continue Reading →

Civil Appeals: General Provisions

Introduction The expression 'appeal' or 'appeals' is nowhere defined under the Code of Civil Procedure, 1908. In the Black's Law Dictionary an "Appeal" is defined as, "The complaint to a superior court of an injustice done, or error committed by an inferior one, whose judgment or decision the court above is called upon to correct, or... Continue Reading →

Void Agreements

Introduction Agreements have become an inseparable part of our daily lives today; we enter some or the other kind of agreement almost every day. It would not be wrong to say thereby that agreements play an immense role in governing our daily intercourse. It would be a mistake for someone to assume however, that all... Continue Reading →

Vicarious Liability

Introduction: Liability for commission of tortious acts generally only attaches to a person responsible for commission of such tortious acts. There however exists an exception to this general norm. Under certain circumstances, liability for commission of tortious acts attaches to a person who has not actually committed the tortious act, under the law of torts... Continue Reading →

Competence to Contract

Introduction Just about every transaction that we enter into on a day-to-day basis is predicated on a contract. To exemplify, when we purchase a ticket to spectate a motion picture or a sporting event or purchase groceries from a grocer, we enter into a contract. However, a legal fact that is often disregarded is that... Continue Reading →

Contract of Guarantee

Introduction It is common knowledge that there is risk associated with entering into a debtor-creditor relationship. This is especially true for the creditor who has to bear the risk of bad debt accruing to it due to default in payment of the loaned amount by the debtor. A contract of guarantee can prove gainful in... Continue Reading →

Specific Performance of Contract: A Brief Overview

Introduction The domain of specific performance of contracts in India is principally governed by the Specific Relief Act, 1963 (hereinafter “enactment” or “the Act”). This enactment provides for the various remedies that can be granted by the court with a view to ensure the enforcement of contractual rights. Specific relief pursuant to the enactment is... Continue Reading →

Prospectus of a Body Corporate / Company

Introduction The prospectus of a body corporate is principally a document mandated under law. The two major purposes sought to be fulfilled by a prospectus is firstly, to furnish requisite information about the body corporate to the public at large and secondly, to serve as an invitation to offer for purchase of its securities (ex.,... Continue Reading →

Anti-competitive agreements: Horizontal and Vertical

Introduction: It is unimaginable in this day and age for any market economy to sustain itself in the absence of fair & free competition. Today, it has become imperative for any market economy in a bid to ensure that resources are effectively allocated, to ensure that its market is free of anti-competitive practices that might... Continue Reading →

Comparative Advertising

Introduction It is unimaginable in this day and age for any business to sustain itself without advertising. Rapid progress of technology coupled with cutthroat competition means that businesses are willing to go at any lengths to meet their sales target & to expand their business by advertising through all feasible mediums. Businesses are willing to... Continue Reading →

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