Free consent all you need to know about-7

In the last part we discussed fraud in detail. Now let's continue its discussion with mistake. Mistake may operate upon a contract in two ways. Firstly, it defeat the consent altogether that the parties are supposed to have given. Secondly, the mistake may mislead the parties as to the purpose which they contemplated. Section 21,22... Continue Reading →

Free consent all you need to know about-3

In the previous part undue influence, a reason because of which consent can not be free was discussed. Now in this part too we will continue with some more reasons.•MisrepresentationThe simplest meaning of word misrepresentation is misstatement of a fact material to the contract. Section 18 defines misrepresentation "as means andincludes—(1) the positive assertion, in... Continue Reading →

Free consent all you need to know about-2

In the last part we discussed about the meaning of consent and coercion. Now in this part let's continue our discussion.•Undue influenceDictionary meaning of term undue influence is influence by which a person is induced to act otherwise than by their own free will or without adequate attention to the consequences. The Indian Contract Act... Continue Reading →

Free consent all you need to know about-6

In the last part we discussed misrepresentation in detail. Now let's continue its discussion with fraud.The term Fraud refers to intentional misrepresentation of facts. In English law "fraud” was defined in the well-known decision of the House of Lords in Derry v Peek (1889) LR 14 AC 337 at p. 374 Lord HERSCHELL said that... Continue Reading →

Free consent all you need to know about-5

In the last part we discussed about misrepresentation in details. Now let's continue its discussion.Expression of opinionEven if the opinion turns out to be wronga mere expression of opinion can not be regarded as misrepresentation.. But in some cases, a statement of opinion may also amount to misrepresentation. In Rajshree Sugars Chemical Ltd v Axis... Continue Reading →

Free consent all you need to know about-4

In the last part we discussed misrepresentation. Now let's continue with further details about it . •) Inducing mistake about subject matterCausing however innocently a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement is also misrepresentation. In Nursey Spg & Wvg... Continue Reading →

Smart contact

A smart contract is a computer programme or transaction protocol that is designed to execute, control, or document legally significant events and activities in accordance with the conditions of a contract or agreement. The term smart contract was proposed in 1994 by an American cryptographer and a computer scientist, Nick Szabo. The smart contract is... Continue Reading →

What is a Patent ?

The term patent finds it's roots from the Latin word patere, which means "to lay open". It is a shortened version of the term letters patent, which was an open document issued by a monarch or government granting exclusive rights to a person. In modern times, the term patent usually refers to the right granted... Continue Reading →

What is law and why do we need it?

Law refers to a set of rules decided as per particular place and made by authority meant for the purpose of keeping the peace and security of society. Law, according to some, is a command of a sovereign backed by sanctions. Oliver Wendell Holmes defines it as “a statement of the circumstances in which public... Continue Reading →

Mens Rea

The mental element of a person's intention to conduct a crime, or awareness that one's activity or lack of action will result in a crime, is known as mens rea. The mental aspect of crime is a crucial part of Indian . Most Indian laws have a component of guilty thinking in order to make... Continue Reading →

Rights, what are they ?

Salmond defines right as an “interest which is protected and recognized by the rule of law. It is an interest which has its duty and disregard of which is wrong”. Rights can be said as fundamental normative standards concerning what is authorised or owed to persons according to some legal system, social convention, or ethical... Continue Reading →

Right to marry

Do we have the right to marry as a fundamental right? Instead of answering this question directly this write-up will give you relevant cases or provisions and the ultimate decision will be on your understanding.•Article 16 of the Universal Declaration of Human Rights which states that "men and women of full age, without any limitation... Continue Reading →

Compensation due to Covid

Compensation to the people who died due to covid is no doubt essential as we are a welfare state and its the responsibility of the government to assist and help people in such a grave situation like a pandemic. But we can not ignore that mere compensation for the death of a person who died... Continue Reading →

Understanding E-contract:-3

In continuation with previous part this part deals with examination of validity of contract and understanding it's types. It is important to note that the courts in India regard electronic contracts under the provisions of the Indian Evidence Act, 1872. The recognition of a contract is also given under Section 3 of the Indian Evidence... Continue Reading →

Understanding E-contract:- 2

In continuation with previous part this part also focus on analysing the validity of E-contracts. The simple truth is that the Indian Contract Act, 1872 has not specifically laid out any specific way of communicating an offer and what constitutes its acceptance. The same can be obtained either verbally, in writing or even through conduct.... Continue Reading →

Understanding E-contract :- 1

With the advent of the internet our way of living has undergone a drastic change. Be it the way we dress or the way we think or the way we buy things, there has been a change in almost everything we do. In current times we can even buy various items virtually, without even visiting... Continue Reading →

Discharge of Contract -2

In continuation with previous part let's now discuss about contact when the performance depends upon non-happening of an event, Section 33 of the Indian Contract Act 1872 provides that "Contingent contracts to do or not to do anything if an uncertain future, event does not happen, can be enforced when the happening of that event... Continue Reading →

Discharge of Contract -1

When the object with which the contract was formed is fulfilled, the liability of parties under the contract comes to an end. The contract is then said to be discharged. But But performance is not the only way in which a contract is discharged. A contract may be discharged in following ways.(1) Performance(2) Impossibility of... Continue Reading →

Free consent all you need to know about – 1

Dictionary meaning of word consent is to agree to something or to allow something to happen. "Two or more persons are said to consent when they agree upon the same thing in the same sense" is the definition of term consent in section 13 of the Indian Contract Act ,1872. As Section 10 of same... Continue Reading →

Right to health as a fundamental right

Before talking about why we need to have health as a fundamental right it becomes important to know what is the meaning of health as well as fundamental rights. First let's talk about meaning of health, the famous Merriam Webster dictionary defines word health as the condition of being sound in body, mind, or spirit... Continue Reading →

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