Section-1:
Name- Indian contract act 1872;
Extent-It extends to the whole of India except state of J&K.
Enforce-It shall came into force on 1stsep1872.
The document is a lecture note on basic concepts of taxation from Chanderprabhu Jain College of Higher Studies & School of Law. It defines key terms like taxes, direct and indirect taxes, income, assessment year, financial year. It distinguishes between capital and revenue receipts and discusses the differences between direct and indirect taxes. It also explains the concepts of application of income versus diversion of income and gives examples. Finally, it provides an overview of the different sections related to assessment under the Income Tax Act.
CONTRACT OF BAILMENT
Section 148 of the Indian Contract Act states that, Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
Human beings are rational beings. They by virtue of their being human possess certain basic and inalienable rights, which are commonly known as Human Rights.
The document discusses various topics related to corporate law including types of companies, forms of business organization, shares, debentures, and securities. It provides information on sole proprietorships, partnerships, corporations, limited liability companies (LLCs), and different types of companies such as private companies and public companies. The document also defines key terms like shares, share capital, debentures, debenture bonds, and classifications of company securities.
The paper will focus on the civil procedures followed in instituting a suit. The students will be familiarised with certain important concepts and practical skill development activity will provide insights into the actual working of the court procedures.
“Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
The document is a lecture note on basic concepts of taxation from Chanderprabhu Jain College of Higher Studies & School of Law. It defines key terms like taxes, direct and indirect taxes, income, assessment year, financial year. It distinguishes between capital and revenue receipts and discusses the differences between direct and indirect taxes. It also explains the concepts of application of income versus diversion of income and gives examples. Finally, it provides an overview of the different sections related to assessment under the Income Tax Act.
CONTRACT OF BAILMENT
Section 148 of the Indian Contract Act states that, Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
Human beings are rational beings. They by virtue of their being human possess certain basic and inalienable rights, which are commonly known as Human Rights.
The document discusses various topics related to corporate law including types of companies, forms of business organization, shares, debentures, and securities. It provides information on sole proprietorships, partnerships, corporations, limited liability companies (LLCs), and different types of companies such as private companies and public companies. The document also defines key terms like shares, share capital, debentures, debenture bonds, and classifications of company securities.
The paper will focus on the civil procedures followed in instituting a suit. The students will be familiarised with certain important concepts and practical skill development activity will provide insights into the actual working of the court procedures.
“Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
This document provides information about a college course on Insurance Laws. The course is part of a 9th semester B.A LL.B program at Chanderprabhu Jain College of Higher Studies & School of Law in New Delhi. The course on Insurance Laws is being taught by Assistant Professor Lavanya Bhagra.
Property or valuable security
Given or agreed to be given
Directly or indirectly
By one party to the marriage to the other party
Before, at the time of or after marriage
In connection with the marriage
Dower or Mehr excluded (Section 2 of the Dowry Prohibition Act)
The document discusses different modes of partition in a Hindu joint family under the Mitakshara law. It states that partition can be effected through declaration, will, conversion to another faith, marriage under the Special Marriage Act, agreement, arbitration, or by the father during his lifetime. Partition results in the severance of joint status and allows individuals to hold property separately rather than as coparceners in the joint family. Some of the key modes discussed are partition by declaration of intention to separate, through a will clearly stating the same, and agreement between family members to divide the property.
The document discusses the concepts of res subjudice and res judicata under the Code of Civil Procedure 1908. It provides definitions and conditions for the application of both doctrines. Res subjudice refers to matters already under litigation in court and prevents simultaneous adjudication of the same matter. Res judicata establishes that a matter cannot be re-litigated once a competent court has made a final decision on it. The document also outlines the differences between the two doctrines.
Environmental Studies and Environmental Laws (: LLB -301)cpjcollege
The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national
level
This document discusses the torts of negligence, false imprisonment, and malicious prosecution under law of torts. It defines negligence as a breach of duty of care that causes harm. It explains key cases like Donoghue v Stevenson that established the duty of care. False imprisonment is defined as unlawful confinement, while malicious prosecution is the wrongful initiation of legal proceedings without probable cause and with malice. The document outlines the essential elements and defenses of false imprisonment and malicious prosecution to distinguish between the two torts.
An agreement between a seller and a buyer for the sale of goods. The contract should, at a minimum, identify the seller and buyer, the quantity and type of product, delivery time, price and conditions of payment.
The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the minimum wages that must be paid to skilled and unskilled labour.
The objective of this paper is to provide an understanding of basic concepts of Indian Constitution and various organs created by the Constitution and their functions.
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
The document discusses the Minimum Wages Act of 1948 and Payment of Wages Act of 1936 under Indian labor law. It provides an overview of the key objectives and components of the Minimum Wages Act, which is to prevent exploitation of workers by setting minimum wages. It also discusses different types of wages like minimum wage, living wage, and fair wage. The Payment of Wages Act aims to ensure regular and timely payment of wages to workers.
This document discusses various theories of tort law, including the wider and narrower theories, and the pigeon hole theory. It also compares torts and crimes, torts and contracts, and explores concepts like damnum sine injuria, injuria sine damnum, malice, motive, malfeasance, misfeasance, and nonfeasance. Key differences between tort and crime include private vs public wrongs, the need for mens rea in crimes, and remedies involving damages vs punishment. Intent and motive are also distinguished.
The securities and exchange board of India (SEBI) was set up as an administrative body in April 1988. It was given statutory status on November 1992 by promulgation of the SEBI ordinance. The objective of setting up SEBI is to protect the interest of investors in securities and to promote the development and to regulate the security market.
In the long march of mankind from the cave to the computer a central role has always been played by the idea of law – the idea that order is necessary and chaos inimical to a just and stable existence. Every society, whether it be large or small, powerful or weak, has created for itself a framework of principles within which to develop. What can be done, what cannot be done, permissible acts, forbidden acts, have all been spelt out within the consciousness of that community.
The objective of the seminar paper is to introduce the students to a holistic understanding of crime. PSDA in this seminar paper will include seminar presentation, debates and group discussions, critical review of existing laws in India and a comparison with
other countries. The paper seeks to explore the possible practical applications of the various theories that have been formulated so far. It will also require the students to look up the international cases where these theories have been applied. The students who opt for this paper will also visit the prisons/ juvenile homes/ juvenile courts / rehabilitation centre etc. and make an assessment of the current situation.
CONTRACT OF INDEMNITY AND GUARANTEE
Indemnity is defined in Section 124 of Indian Contract Act, 1872, while in Section 126, Guarantee is defined.
In the contract of indemnity, one party makes a promise to the other that he will compensate for any loss occurred to the other party because of the act of the promisor or any other person. In the contract of guarantee, one party makes a promise to the other party that he will perform the obligation or pay for the liability, in the case of default by a third party.
In indemnity, there are two parties, indemnifier and indemnified but in the contract of guarantee, there are three parties i.e. debtor, creditor, and surety.
The document discusses the formation of contracts under Indian law. It begins with an overview of the Indian Contract Act 1872 and the key elements needed to form a valid contract - offer, acceptance, consideration. It then examines offer and acceptance in more depth, including definitions, communication, revocation and types of offers. Consideration is defined as the recompense or thing of value given in exchange for a promise. The document provides examples and case law rulings to illustrate various points around offer, acceptance and consideration.
The document discusses the topics of contracts of indemnity, guarantee, bailment, pledge and agency under business law. It provides definitions and explanations of these concepts. For contracts of indemnity, it notes that indemnity refers to compensation for damages or loss, and involves one party agreeing to pay for potential losses caused by the other party. The key aspects discussed include the definition of a contract of indemnity under Indian law and that it involves one party promising to save the other from loss caused by the promisor or another person.
This document provides information about a college course on Insurance Laws. The course is part of a 9th semester B.A LL.B program at Chanderprabhu Jain College of Higher Studies & School of Law in New Delhi. The course on Insurance Laws is being taught by Assistant Professor Lavanya Bhagra.
Property or valuable security
Given or agreed to be given
Directly or indirectly
By one party to the marriage to the other party
Before, at the time of or after marriage
In connection with the marriage
Dower or Mehr excluded (Section 2 of the Dowry Prohibition Act)
The document discusses different modes of partition in a Hindu joint family under the Mitakshara law. It states that partition can be effected through declaration, will, conversion to another faith, marriage under the Special Marriage Act, agreement, arbitration, or by the father during his lifetime. Partition results in the severance of joint status and allows individuals to hold property separately rather than as coparceners in the joint family. Some of the key modes discussed are partition by declaration of intention to separate, through a will clearly stating the same, and agreement between family members to divide the property.
The document discusses the concepts of res subjudice and res judicata under the Code of Civil Procedure 1908. It provides definitions and conditions for the application of both doctrines. Res subjudice refers to matters already under litigation in court and prevents simultaneous adjudication of the same matter. Res judicata establishes that a matter cannot be re-litigated once a competent court has made a final decision on it. The document also outlines the differences between the two doctrines.
Environmental Studies and Environmental Laws (: LLB -301)cpjcollege
The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national
level
This document discusses the torts of negligence, false imprisonment, and malicious prosecution under law of torts. It defines negligence as a breach of duty of care that causes harm. It explains key cases like Donoghue v Stevenson that established the duty of care. False imprisonment is defined as unlawful confinement, while malicious prosecution is the wrongful initiation of legal proceedings without probable cause and with malice. The document outlines the essential elements and defenses of false imprisonment and malicious prosecution to distinguish between the two torts.
An agreement between a seller and a buyer for the sale of goods. The contract should, at a minimum, identify the seller and buyer, the quantity and type of product, delivery time, price and conditions of payment.
The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the minimum wages that must be paid to skilled and unskilled labour.
The objective of this paper is to provide an understanding of basic concepts of Indian Constitution and various organs created by the Constitution and their functions.
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
The document discusses the Minimum Wages Act of 1948 and Payment of Wages Act of 1936 under Indian labor law. It provides an overview of the key objectives and components of the Minimum Wages Act, which is to prevent exploitation of workers by setting minimum wages. It also discusses different types of wages like minimum wage, living wage, and fair wage. The Payment of Wages Act aims to ensure regular and timely payment of wages to workers.
This document discusses various theories of tort law, including the wider and narrower theories, and the pigeon hole theory. It also compares torts and crimes, torts and contracts, and explores concepts like damnum sine injuria, injuria sine damnum, malice, motive, malfeasance, misfeasance, and nonfeasance. Key differences between tort and crime include private vs public wrongs, the need for mens rea in crimes, and remedies involving damages vs punishment. Intent and motive are also distinguished.
The securities and exchange board of India (SEBI) was set up as an administrative body in April 1988. It was given statutory status on November 1992 by promulgation of the SEBI ordinance. The objective of setting up SEBI is to protect the interest of investors in securities and to promote the development and to regulate the security market.
In the long march of mankind from the cave to the computer a central role has always been played by the idea of law – the idea that order is necessary and chaos inimical to a just and stable existence. Every society, whether it be large or small, powerful or weak, has created for itself a framework of principles within which to develop. What can be done, what cannot be done, permissible acts, forbidden acts, have all been spelt out within the consciousness of that community.
The objective of the seminar paper is to introduce the students to a holistic understanding of crime. PSDA in this seminar paper will include seminar presentation, debates and group discussions, critical review of existing laws in India and a comparison with
other countries. The paper seeks to explore the possible practical applications of the various theories that have been formulated so far. It will also require the students to look up the international cases where these theories have been applied. The students who opt for this paper will also visit the prisons/ juvenile homes/ juvenile courts / rehabilitation centre etc. and make an assessment of the current situation.
CONTRACT OF INDEMNITY AND GUARANTEE
Indemnity is defined in Section 124 of Indian Contract Act, 1872, while in Section 126, Guarantee is defined.
In the contract of indemnity, one party makes a promise to the other that he will compensate for any loss occurred to the other party because of the act of the promisor or any other person. In the contract of guarantee, one party makes a promise to the other party that he will perform the obligation or pay for the liability, in the case of default by a third party.
In indemnity, there are two parties, indemnifier and indemnified but in the contract of guarantee, there are three parties i.e. debtor, creditor, and surety.
The document discusses the formation of contracts under Indian law. It begins with an overview of the Indian Contract Act 1872 and the key elements needed to form a valid contract - offer, acceptance, consideration. It then examines offer and acceptance in more depth, including definitions, communication, revocation and types of offers. Consideration is defined as the recompense or thing of value given in exchange for a promise. The document provides examples and case law rulings to illustrate various points around offer, acceptance and consideration.
The document discusses the topics of contracts of indemnity, guarantee, bailment, pledge and agency under business law. It provides definitions and explanations of these concepts. For contracts of indemnity, it notes that indemnity refers to compensation for damages or loss, and involves one party agreeing to pay for potential losses caused by the other party. The key aspects discussed include the definition of a contract of indemnity under Indian law and that it involves one party promising to save the other from loss caused by the promisor or another person.
This document discusses the law of bailment under the Indian Contract Act. It defines bailment and outlines the essential elements. It also classifies bailments based on benefits and rewards. Further, it explains the rights and duties of the bailor and bailee. Specifically, it outlines the bailee's duties to take care of goods, not make unauthorized use, not mix goods with their own, return goods and any accretions. It also discusses lien and rights against deprivation or injury to goods.
What is ‘Contract‘?
The term ‘Contract‘ is defined in Section 2(h) of the Indian Contract Act, which reads as under
“An agreement enforceable by law is a contract.”
The analysis of this definition shows that a contract must have the following two elements:
1. An agreement, and
2. The agreement must be enforceable by law.
Code of civil procedure law, Bba llb, law schoolssuser32bd0c
The document discusses key concepts from the Code of Civil Procedure. It begins by defining important terms like decree, judgment, order, foreign court and foreign judgment. It then explains provisions around foreign judgments from Sections 13 and 14. Other definitions covered include mesne profits, affidavit and suit. It also summarizes the typical stages in a civil suit process: institution of suit, issue of summons, written statement, discovery, issues, trial, judgment and decree. Finally, it briefly explains the concepts of caveat and execution proceeding/appeal.
This document contains lecture materials from Chanderprabhu Jain College of Higher Studies & School of Law related to the Trade Unions Act of 1926. It covers several topics like collective bargaining, standing orders, resolution of industrial disputes, and instruments of economic coercion. The learning outcomes, concepts, definitions, and processes related to these topics are discussed over multiple pages in point form along with headings and sub-headings.
This document contains lecture notes on the Hindu Marriage Act 1955, Muslim Marriage Act, Hindu Adoption and Maintenance Act 1956, Hindu Minority Guardianship Act 1956, and Special Marriage Act 1954 from Chanderprabhu Jain College. It discusses the essential elements, ceremonies, dissolution, and grounds for divorce under the different marriage laws. It also summarizes the provisions related to adoption, maintenance, guardianship, and emerging trends in marriage and family law like surrogacy, live-in relationships, and same-sex marriage.
This document discusses key definitions and concepts related to evidence and the law of evidence in India. It begins by defining key terms like evidence, fact, relevant fact, and proved. It notes that evidence can be oral or documentary. It then discusses the relationship between evidence law and substantive and procedural law, stating that evidence law is a procedural law that helps implement substantive laws. The document provides examples and explanations for terms like fact in issue, relevant fact, proved, disproved, and not proved. It discusses the extent and application of the Indian Evidence Act of 1872.
The document discusses various internal aids to interpretation of statutes, including:
- The title of an act, which gives a description of its objective but is only useful to remove ambiguity.
- The preamble, which contains the reason for enactment and can be used as a "key" to interpret ambiguous provisions.
- Headings prefixed to sections or groups of sections, which may provide context but cannot override clear wording.
- Marginal notes appended to sections, which are not technically part of the act and should not be relied on for interpretation.
Internal aids can help clarify meaning when provisions are unclear, but clear language takes precedence over other interpretive tools.
Rule of Law
•In reality it is neither a rule or law. •It is a doctrine of political morality that aims at ensuring the correct balance of rights and powers between individuals and the state Adherence to the doctrine requires more than to govern according to the law since this is not necessarily equivalent to govern under the law. •“Only in a country where the rule of law means more than formal, legal validity will subjects enjoy real protection from official tyranny and abuse” Mathews
This document discusses the position and powers of a Karta, who is the manager or head of a Hindu joint family. It notes that the senior most male member is usually the Karta. As Karta, he has numerous rights and powers to manage family affairs and property for the family's benefit, but also responsibilities like maintaining family members. It outlines some of the Karta's specific powers and duties regarding legal matters, income, debts, business, and representing the family. The document also provides an introduction to the topic of partition of a joint Hindu family property.
Define Assertiveness
Assertiveness is a skill regularly referred to in social
and communication skills training. Being assertive
means being able to stand up for your own or other
people's rights in a calm and positive way, without
being either aggressive, or passively accepting
'wrong'.
The document discusses the rule of law and principles of natural justice in administrative law. It begins by explaining the meaning of the rule of law doctrine and its emphasis on balancing individual rights and state power. It then covers Dicey's definition of the rule of law, focusing on the supremacy of regular law over arbitrary power. Finally, it outlines the two main principles of natural justice - nemo judex in sua causa and audi alteram partem, or the rules against bias and the right to a fair hearing.
The document discusses paragraph and report writing. It provides guidelines for designing effective paragraphs, including keeping paragraphs short, maintaining unity around a single topic or idea, and using topic sentences. It also discusses the key features of reports, such as being concise documents written for a specific purpose and audience that often include recommendations. The document outlines different types of reports, including informal versus formal reports and statutory versus non-statutory reports. It concludes with characteristics of good reports, such as simplicity, clarity, accuracy, and relevance.
Reservation of Company Name:
First , the applicants are required to apply for a name in Form No. INC-1. The fee for seeking a name approval is Rs.1000/- as prescribed and 60 days are allowed for incorporating the company. The name should not be undesirable i.e.; identical, resembling, restricted or prohibited.
The document discusses key aspects of dying declarations under Indian law. It notes that a dying declaration is an exception to the rule against hearsay evidence, as it is considered the best evidence in cases where the deceased is the sole eyewitness. For a dying declaration to be considered valid, the deceased must have been in a fit mental state and unable to have been influenced by others when making the statement about the cause of their death. Proper recording of dying declarations, including detailing any questions asked and answers given, is important for the statement to retain evidentiary value in court.
‘Evidence’ is derived from the Latin term “Evidere” which means – “to show clearly, to make plainly certain, to ascertain, to prove” Taylor says – (functional description of court process) “The word ‘evidence’ includes all legal means, exclusive of mere arguments, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation.”
Socio-Legal Dimensions of Gender (LLB-507 & 509 )cpjcollege
This paper intends to sensitize the students about the changing
dimensions of gender and also familiarizes them with the subtle manifestations of inequality rooted in our society.
The objective of the paper is to apprise the students with the laws relating to marriage, dissolution, matrimonial remedies, adoption, contemporary trends in family institutions in India, in particular the Hindus and Muslims.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
It is an indispensable complementary part of our legal system without the study of which no advocate is suitably equipped with the basic requisites required to go to the court.
This document provides an overview of key concepts in international relations discussed in a political science class, including:
- Democracy and its key principles such as majority rule, protection of minority rights, and consent of the governed.
- Federalism and its features such as division of powers between central and state/provincial governments.
- The parliamentary system in India and features such as a ceremonial head of state, executive drawn from the legislature, and collective responsibility of ministers.
- Concepts in international relations like power, sovereignty, and the elements and limitations of national power, including international law, morality, and world public opinion.
This paper focuses on various aspects of health care law including the constitutional perspective, obligations, and negligence of medical professionals and remedies available to
consumers of health care.
The object of this paper is to focus on land reforms in India, Constitutional provisions related to land reforms, Land Acquisition, Rehabilitation, and Resettlement Act,2013, Urban Real Estate Development Laws and the Provisions of the Rent Laws under the
Delhi Rent Control Act, 1958.
Business Environment and Ethical Practices (BBA LLB 213 )cpjcollege
The objective of the course is to familiarize students with the different aspects of business environment and ethical practices to be adopted by organizations in conducting their business.
The document provides information about human resource management (HRM) including definitions of HRM, its components, nature, scope, importance, evolution, policies, challenges, and trends. It also discusses the differences between personnel management and HRM as well as HRM and strategic HRM. Additionally, it covers topics related to human resource planning such as meaning, importance, job analysis, and future personnel needs. The document appears to be lecture notes on an introduction to HRM course provided by Ms. Pallavi Sharma.
The document discusses various topics related to computer networks including:
- Networking concepts such as computer networks being collections of devices connected to communicate and share resources, with connections made via physical wires or wireless connections.
- Types of networks including local area networks (LANs), wide area networks (WANs) and metropolitan area networks (MANs).
- Network protocols such as TCP/IP and how they function.
- Multiplexing techniques used in networks such as frequency division multiplexing (FDM), wavelength division multiplexing (WDM), and time division multiplexing (TDM).
Business environment refers to all external forces and factors that affect the functioning of a business. The business environment includes internal factors within a firm's control as well as external factors beyond its control, such as economic, political, social, technological, legal and environmental factors. The business environment influences a firm's strategic choices, organizational structure and operations. Understanding the business environment is crucial for identifying opportunities and threats to make appropriate business decisions.
Object oriented programming using BCA 209cpjcollege
This document discusses object oriented programming (OOP) and C++. It provides an overview of procedure oriented programming versus OOP, highlighting that OOP emphasizes data over procedures and uses objects and classes. Characteristics of OOP like encapsulation, inheritance, and polymorphism are covered. The document then discusses C++ features like classes, objects, constructors, destructors, static class members, friend functions, and inline functions. Finally, it introduces templates in C++ as a way to write generic functions and classes that can work with multiple data types.
This document contains lecture material from Chanderprabhu Jain College of Higher Studies & School of Law in New Delhi, India. It discusses various accounting topics including the meaning and classification of accounts, accounting principles and concepts, journals and their subdivisions, final accounts (trading account, profit and loss account, balance sheet), inventory management methods, concepts of depreciation, and methods for calculating depreciation. The document provides definitions, explanations and examples of key accounting terms and procedures.
This document contains lecture notes from a class on VB.NET programming and the .NET architecture. It discusses the .NET infrastructure including the common language runtime and portable executable files. It also covers topics like .NET project types, designing applications for .NET, variable scope, arrays and collections, object passing and parameters, inheritance control, threading, delegates, exception handling, object-oriented features in .NET, and ADO.NET concepts like data connections, adapters, datasets and data readers.
This document discusses registers in computer architecture. It defines a register as a very fast memory used to store data or instructions being executed. A register consists of a group of flip-flops that can each store one bit. The document also discusses register transfer language, which uses symbolic notation to describe operations between registers, and different types of register transfers and micro-operations that can be performed. It provides examples of shift operations and how an arithmetic logical unit is used to perform logic and arithmetic operations on data from registers.
The document discusses various topics related to web servers and web development including:
- The difference between local and remote servers, with local servers hosting files on the user's own machine and remote servers hosting files on another computer accessed over the internet.
- Popular web server software like Internet Information Services (IIS) which is used to host ASP.NET and ASP web applications, and Personal Web Server (PWS) which allows individuals to publish and share content.
- The difference between static websites with fixed HTML pages and dynamic websites whose content changes based on a database or CMS.
- Other topics covered include installing web servers, client-side vs server-side scripting, and introducing HTML.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
1. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
LAW OF CONTRACT-
1872
By: SHALINI TYAGI
(Associate Prof.& HOD School of Law)
2. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction-
Section-1:
Name- Indian contract act 1872;
Extent-It extends to the whole of India except
state of J&K.
Enforce-It shall came into force on 1stsep1872.
3. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
• ICA was compiled on 25 april 1872.
• It is act no.9 of 1872.
• The ICA is not a complete and exhaustive
law on all types of contract.It lays down only
general principles of contract law.Other
principles relating to contract are being given
in IPA,SGA,TPA,Company act,etc.
EXTRA NOTES-
4. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
The Purpose and Preamble of ICA is to define and
amend certain parts of the laws relating to contract.
It is a civil law becoz it enacted only about damages
not about punishment.
Before 1855 in India there was no fixed law on
contract.Parties of agreement were either regulated by
English law,Hindu law,Muslim law or by equity etc.
5. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
• To stop that uncertainity IInd law commission Prepares the draft
of ICA,which was later on Presented by IIIrd law commission.
But becoz of argumented situation b/w government and
commission,the draft was not fully accepted.Then James
Stephen made some amendments and it was finally enforced on
1stsep1872.Thats why credit of its making goes to James
Stephen.
• Its effect is not Retrospective,means it will not applicable on
the contracts dated before 1stsep1872
6. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Proposal[S.2(a)] + Acceptance[S.2(b)]= Promise[S.2(b)]
+
Consideration[S.2(d)] = Agreement[S.2(e)]
If Enfocable by law If not Enfocable by law
= Contract[S.2(h)] = Void
Agreement[S.2(g)]
7. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Proposal and Acceptance(Sec.2-9)-
Proposal/Offer[S.2(a)]---When one person signifies to another his
willingness to do or not to do abstain from doing anything,with a
view to obtain the ascent of that other to such act or omission,he is
said to make a proposal.
Example- A told B that he wants to sell his house to B in one lakh
Rs.It is a proposal.
8. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Essentials of Proposal-
(A)Becoz nobody makes a proposal to itself, that’s why
atleast two persons must be needed for proposal.
Remember there is no limit on maximum persons i.e they
can be counted or countless.
(B) The parties ought to have the intention to create a
legal relationship b/w them through the form of proposal.
It must not be merely a moral or social one.
9. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
(C) Proposal should be in the form of request and not in order.[
Case-Felt House Vs Bindley]
(D) The Proposal must be certain,definite and not vague- If the
terms of a proposal are vague or indefinite,its acceptance cannot
create any contractual relationship.
Sec.29 of ICA enacted that-“Agreement the meaning of which is not
certain or capable of being made certain,are void.
10. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
two prices was to be given.The agreement is void.
(E) The Proposal must be communicated- A proposal to be
complete must be communicated to the person to whom it is
made,otherwise there can be no acceptance by him.An acceptance to
a proposal in ignorance of a proposal is not acceptance and doesnot
create any boundation on the acceptor.[Case- Lalmam shukl
Vs.Goridutt]
(F) The proposal should be made with a view to obtaining the
consent of the offere.
11. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
(G) The proposal should not contain a term the non compliance of
which would amount to acceptance. Thus a man cannot say that if
acceptance is not communicated by a certain time the proposal
would be considered as accepted.
(H)Types of proposal-
(i)Positive and Negative Proposal.
(ii)Express and Implied Proposal
(iii)General and Specific Proposal.
(iv)Standing Proposal.
(v)Discontinous Proposal.
(vi)Counter & Cross Proposal.
12. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
UNIT -II
CONTRACT
By: Ms SHALINI TYAGI
ASSOCIATE PROFESSOR
CUM HOD LAW
13. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Consideration(Sec.2 & 25)-According to sec.2(d)- When
at the desire of the promisor,the promisee or any other
person has done abstained from doing,or does,or abstain
from doing or promise to do or to abstain from doing
something.Such act or abstainence or promise is called a
consideration for the promise.
Essentials of Considereation-
1)At the Desire of the Promisor – Consideration must be
offered by the promisee at the desire or request,of the
promisor,an act done at the desire of a third party is not a
consideration.
14. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
2)Consideration may move from Promisee or any other
Person- Consideration may move from Promisee or if
promisor has no objection ,it may also move by any other
person who is not a party to the contract.
3)Consideration may be Past,Present and future – In order
to support a promise a past consideration must be moved by a
previous request.
15. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
B)Present or Executed Consideration- In this consideration one
party of contract has done his liability and other have to fulfill his
liability.
Example– A pays 1000/-to B and B promises to deliver to him a
certain quantity of wheat with in a month.Here only B have to
fulfill his liability.This is Present Considertation.
C)Future and Executor Consideration- In this consideration
both the parties of contract do promise to each other for some
future act or omission,i.e both the parties have to fulfill their
liability.
16. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
English law- English law deals only with present and
future consideration i.e english law does not consider
past consideration as consideration.
4)Consideration must be Lawful- The consideration or
object of an agreement is lawful ,unless –
its forbidden by law; or is of such a nature that,if
permitted,it would defeat the provisions of any law,or is
17. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
fraudulent,or involues or implies injury to the person or property of
anthor;or the court regards it as immoral or opposed to public
policy.[Sec.23]
Example- A agrees to let her daughter to heir to B for
concubinage.The agreement is void because its immoral though the
letting may not be punishable under the Indian penal code.
5)Adequacy of Consideration– Consideration need not be
adequate, but should be real.Consideration need not be any
particular value.It need not be approximately equal value of the
promise for which it is exchanged but it must be something which
the law would regards as having some value.
18. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
In this context explanation 2 of sec 25 states that an agreement
to which the consent of the promises is freely given is not void
just because the consideration is inadequate.
Example- A agrees to sell a horse worth Rs1000/- for Rs10. A’s
consent to the agreement was freely given.The agreement is a
contract,not with standing the inadequacy of the consideration.
ii) A agrees to sell a horse worth Rs.1000/- for Rs10.A denies
that his consent to the agreement was freely given.The
inadequacy of the consideration is a fact which the court should
take into account in considering whether or not A's consent was
freely given.
19. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Validity of an agreement without Consideration – For every valid
contract consideration is important. Sec25 states the general rule is
that an agreement made without consideration is void,i.e "no
consideration no contract" An agreement without consideration is
called "Nudum Pactum".
Point– Ex nudo pacto non oritur actio(agreement without
consideration doesn’t create any right).
Example–A agrees B to given 1000/- without consideration.
Agreement is void .
20. But in the following situations an agreement without
consideration is also valid-
1)Natural Love and Affection– Sec.25(1) states that– “A written
and registered agreement based on natural love and affection
between the parties standing in near relation (like husband and
wife,son and father etc) to each other is enforceable even without
consideration.[Case-Rajlukhi Devi Vs Bhoot Nath Mukherjee.]
Example– A for natural love and affection promises to give his
son B, Rs1000/-. A puts his promise to B in to writing and
registers it.This is a contract.
21. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
UNIT - III
INTRODUCTION TO
CONTRACT
By: Ms SHALINI TYAGI
ASSOCIATE PROFESSOR
CUM HOD LAW
22. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
23. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
24. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
25. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
26. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
27. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
28. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
29. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
30. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
UNIT - IV
By: SHALINI TYAGI
(Associate Prof.& HOD School of Law)
31. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Contingent Contract (Ss. 31-36) -
According to Sec-31 "A contingent contract is a contract to do or
not to do something, if some event, collateral to such contract,
does or does not happen."
Example - A contracts to pay B ` 10,000 if B's house is burnt. This
is contingent contract.
32. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
EXTRA NOTES-
Performance of Contract(Ss. 37-61) -
According to Sec-37 - "The parties to a contract must either
perform or offer to perform their respective promises, unless
such performance is dispensed with or excused under the
provision of the Indian Contract Act, or of any other law.
Promises bind the representatives of the promisors in case of
the death of such promisor before performance, unless a
contrary intention appears from the contract."
33. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
2) A promises to deliver goods to B on a certain day on payment of
` 1,000. 'A' dies before that day. A's representatives are bound to
deliver the goods to B, and B is bound to pay ` 1,000 to A's
representatives. According to Section 39 - "When a party to a
contract has refused to perform or disabled himself from
performing his promise in its entirety the promise may put an end
to the contract unless he had signified by words or conduct, his
acquiescence in its continuance." (Anticipatory Branch of contract)
34. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
• night A willfully absents herself form the theatre. B is at liberty
to put an end to the contract.
• If B rescinds the contract than B is entitled to compensation for
the damages which he has sustained through the non fulfillment
of the contract under Sec-75.
• Section 75 states that - "A person who rightfully rescinds a
contract is entitled to a compensation for any damage which he
has sustained through the non-fulfillment of the contract.
35. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
2) A, a singer enters into a contract with B, the manager of a
theatre, to sing at his theatres two nights in every week during the
next two months, and B engaged to pay her ` 100 for each night's
performance. On the sixth night A willfully absents herself form the
theatre. With the assent of B, A sings on the seventh night. B is has
signified his acquiescence in the continuance of the contract and
cannot now put an end to it; but is entitled to compensation for the
damages sustained by him through A's failure to sing on the sixth
night Under Sec-39.
36. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
3) A, a singer enters into a contract with B, the manager of a
theatre, to sing at his theatres two nights in every week during the
next two months, and B engaged to pay her ` 100 for each night's
performance. On the sixth night A willfully absents herself form the
theatre, and B continuance, rescinds the contract, B must pay A for
the five nights on which she had sung under Sec-65.
Section 65 states that - "When an agreement is discovered to be
void, or when a contract becomes void, any person who has
received any advantage under such agreement or contract is bound
to restore, it, or to make compensation for
37. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
it, to the person from whom he received it." (Doctrine of Quantum
Merit)
According to Section 55(Time Contract) - When a party to a
contract promises to do a certain thing or certain things at or before
a specified time and fails to do such things at or before a specified
time, the contract or so much of it as has not been performed,
becomes voidable at the option of the promisee, if the intention of
the parties was that time should be of essence of the contract.
38. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
If, In case of a contract voidable on account of the promisor's
failure to perform his promise at the time agreed, the promisee
accepts performance of such promise at any time other than agree,
the promisee cannot claim compensation of any loss occasioned by
the non-performance of the promise at the time agreed, unless, at
the time of acceptance, he give notice to the promisor of his
intention to do so.
If it was not the intention of the parties that time should be of the
essence of the contract, the contract does not become voidable by
the failure to do such thing at or before the
39. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
specified time; but the promisee is entitled to compensation
from the promisor for any loss occasioned to him by such
failure.”
According to Section 56 - An agreement to do an act
impossible in itself is void.
Example - A agrees with B to discover treasure by magic. The
agreement is void.
A contract to do an act which, after the contract is made,
becomes impossible or, by reason of some event which the
promisor could not prevent, unlawful, becomes void when the
act becomes impossible or unlawful.
40. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Example - A and B contract to marry each other, before the
time fixed for the marriage, 'A' goes mad. The contract
becomes void.
Where one person has promised to do something which he
knew or, with reasonable diligence, might have known, and
which the promisee did not know to be impossible or unlawful,
such promisor must make compensation to such promise for
any loss which such promisee sustains through the non-
performance of the promise.
41. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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