Introduction: Consideration, one of the most important elements of a contract, also refers to the price in the contract. Section 2(d)[1], Indian Contract Act, 1872, defines consideration as: “when at the desire of the promisor, promise, or any other person has done or abstained from doing or does or abstains Read more…
Introduction: Section 126 of the Indian Contract Act states that contract of guarantee is “a contract to perform the promise, or to discharge the liabilities if a third person in case of his default.” The person who gives the guarantee is called Surety. The person in respect of whose default Read more…
Introduction: With the hike in the coronavirus cases around the world, there arises a major question or consideration regarding, whether or not a person who spreads the virus can be made liable by the courts for their negligent act. In order to determine as to who will be held liable, Read more…
Introduction: After the formation of a contract, the next stage is reached, the fulfillment of the object the parties had in mind. When an object is fulfilled, the liability of either party under the contract comes to an end. The contract is then said to be discharged. Performance of joint Read more…
Introduction: Recently in May’2020 the Vashi police have register an FIR against the staff of a Hospital for handing over the body of a 29-year-old Mahammad Sheik. He was a laborer and died to the father of deceased Kajal Suryavanshi who died of jaundice on 4th May. The Father of Read more…
Introduction: If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures Read more…
Introduction: Guarantee is defined as “a promise to answer for the debt, default or miscarriage of another”. “Contract of guarantee” is collateral undertaking to be liable for the default of another. The person who gives the guarantee is called “surety”, the person in respect of whose default the guarantee is Read more…
Introduction: Limited Liability Partnership is a hybrid form of business consisting of the elements of both a general partnership and a company. The main advantage is the limited liability of the partners and firm having a separate legal entity along with the benefits of having flexible operations in accordance with Read more…
Introduction: Bhopal gas Tragedy was one of the main incidents which led to the establishment of the concept of Absolute Liability, also known as M.C. Mehta v Union of India[1]. However, this case was based on strict liability, but with no exception, an individual can be made absolutely liable for Read more…
It hurts every day, the absence of someone who was once there. During this battle against coronavirus, the leak from LG polymers on the 7th of May 2020 took place in Gopalapatnam near Vizag were at least 11 people died and hundreds were under the urgent need of medical facilities Read more…
INTRODUCTION The main purpose of the Limitation Act is to provide a definite time period, within which one will be able to file a suit to sue another to seek justice. In case, the suit is filed after the termination of the time period as provided in this act, then Read more…
“The imposition of liability on one person for the actionable conduct of another, based solely on a relationship between the two persons. Indirect or imputed legal responsibility for acts of another; for example, the liability of an employer for the acts of an employee, or, a principal for torts and Read more…