Que3.18. What do you understand by the term contract law? Also, mention the essential rudiments of a contract. Answer 1. The Indian Contract Act is the law governing contracts in India. 2. According to the Indian Contract Act, 1872, an agreement that’s enforceable by law is a contract. 3. An agreement is a pledge. All agreements aren’t contracts. 4. Agreements must meet certain criteria- suchlike consideration, parties must be competent, free concurrence between parties, legal object in order to qualify as a contract. 5. It’s important that the persons to a contract should also have the intention and mindset to enter into contract. Essential rudiments of a contract 1. Offer/ Offer and Acceptance i. When one person signifies to another his amenability to do or not to do certain effects, it’s called an Offer. ii. The person making the offer or offer is called the offeror and the person to whom the offer is made is called the offeree. iii. The offer given must be with an intention to produce a legal relationship. 2. Considerationi. Consideration means ‘ commodity in return ’ for the offer. ii. Consideration can be in the nature of an act or forbearance. iii. The general rule is that, an agreement without consideration is void and not enforceable by law because in similar cases, one party is getting commodity from the other without giving anything to the other. iv. There should always be a collective consideration. In other words, each party must give and also take. 3. Capacity to Contracti. Any person who’s a major, i.e., above 18 times of age, is competent to enter into a contract and minors aren’t competent to enter into a contract. ii. A person should also have a sound mind and shouldn’t be disqualified by any law in force. 4. concurrence i. When two persons agree on the same thing in the same sense, it’s nominated as concurrence. ii. concurrence should be free and not caused by compulsion, overdue influence, misrepresentation, fraud or mistake. iii. If concurrence is attained by the influence of any one of the below said it becomes voidable. 5. Unlawful Agreementsi.However, also the contract is unenforceable, If the object of the agreement is to perform an unlawful act. ii. The object of the agreement shouldn’t be illegal, immoral or opposed to public policy. 6. Contingent Contracti. Contingent contract is a contract to do commodity or not to do commodity on the passing ornon-happening of an event, which is contributory to the contract. ii. Contingent contracts can not be executed until the uncertain future event happens.iii.However, contingent contracts come void, If the uncertain future event becomes insolvable. 7. Discharge of Contracti. Discharge means termination of the contractual relations of the parties to the contract. ii. Discharge of a contract may be done by the following waysa. Discharge by Performance;b. Discharge by Agreement or Consent;c. Discharge by Impossibility of Performance;d. Discharge by Lapse of time;e. Discharge by Operation of law;f. Discharge by Breach of contract. 8. Damagesi. Monetary compensation given to the affected party for the loss or injury caused to him due to the breach is called damages. ii. The ideal of awarding damages by the court is to put the injured party in the same position as he’d have been if the contract hadn’t been traduced. Que3.19. What do you understand by the term Tort? Answer 1. ‘ Tort ’ means a ‘ wrong ’ and it originates from Latin word ‘ tortum ’, which means ‘ crooked ’ or ‘ crooked ’. 2. In law, tort is defined as a civil wrong or a unlawful act, of one, either purposeful or accidental, that results in the injury or detriment to another who in turn has expedient to civil remedies for damages or a court order or instruction. 3. There are three kinds of wrongs in tort law- purposeful tort, negligence and strict liability. 4. purposeful Tort i. An purposeful tort requires the descendant to show that defendant caused the injury on purpose. ii. likewise, the descendant must show that he or she suffered a particular consequence or injury, and that the defendant’s conduct caused the consequence or injury. 5. Negligence i. The introductory understanding of negligence is that wrong- doer or the defendant has been careless in a way that harms the interest of the victim or the descendant . 6. Strict Liabilityi. Strict liability torts don’t watch about the intention or neglectfulness of the defendant when the defendant caused the injury. ii. The descendant doesn’t have to establish any kind of or position of blame attributable to the defendant grounded on the intention or the degree of neglectfulness. Que3.20. What are the colorful laws relating to plant in India? Answer Indian laws relating to plant 1. Manufactories Act, 1948 i. The Manufactories Act, 1948 lays down vittles for the health, safety, weal and service conditions of workmen working in manufactories. ii. It contains vittles for working hours of grown-ups, employment of youthful persons, leaves, overtime,etc. iii. It applies to all manufactories employing further than 10 people and working with the aid of power, or employing 20 people and working without the aid of power. iv. It covers all workers employed in the plant demesne directly or through an agency. v. Some vittles of the Act may vary according to the nature of work of the establishment. 2. Industrial Employment( Standing Orders) Act, 1946 i. The Industrial Employment( Standing Orders) Act, 1946( the IESO Act) is applicable to every artificial establishment wherein 100 or further workmen are employed or were employed on any day of the antedating twelve months. ii. The IESO Act aims to bring invariant terms and conditions of service in colorful artificial establishments. 3. Shops and Commercial Establishments Act i. The Shops and Commercial Establishments Act( s) of the separate States generally contain vittles relating to enrollment of an establishment, working hours, overtime, leave, honor leave, notice pay, working conditions for women workers,etc. ii. The vittles of the Shops and Commercial Establishments Act apply to both white collar and blue- collar workers. 4. Contract Labour( Regulation & invalidation) Act, 1970 The main objects of the Contract Labour( Regulations & Abolition) Act, 1970( the Contract Labour Act) arei. To enjoin the employment of contract labour. ii. To regulate the working conditions of the contract labour, wherever similar employment isn’t banned. iii. The Contract Labour Act isn’t applicable to establishments in which work only of an intermittent or casual nature is performed. iv. The Contract Labour Act prohibits the employment of contract labour on jobs that are imperishable in nature. For similar jobs, endless workers need to be employed. 5. The Hand’s Compensation Act, 1923 i. The Hand’s Compensation Act, 1923( the EC Act) aims to give fiscal protection to workmen and their dependents in case of any accidental injury arising out of or by course of employment and causing either death or disablement of the worker by means of compensation. ii. This Act applies to manufactories, mines, jetties, construction establishments, colonies, oilfields and other establishments. 6. Weekly Holiday Act, 1942 i. The Weekly Holiday Act, 1942 provides for the entitlement of daily leaves to persons employed in shops, caffs
and theatres. ii. The Act provides that every shop shall remain entirely closed on one day of the week. 7. The Mines Act, 1952 i. The Mines Act, 1952 points to secure safety and health and weal of workers working in the mines. ii. The Mines Act provides that persons working in the mine shouldn’t be lower than 18 times of age.
