MAKING LAW SIMPLE!
The term ‘capacity under English Law refers to the ability of the contracting parties to come into legally binding relations with each other. If any party fails to comply with this condition, the subsequent contracts may be deemed to be invalid, relying on the facts and circumstances of the case….
Our modern age has evolved into an age of trade and commerce and the sale and purchase of goods are inseparable and a core element of trade and commerce. In a diverse country like India, there is a need to set up rules and regulations governing different types of contracts…
Introduction:- The significant law which is known as Sale of Goods Act 1930 was introduced with the purpose of harmonizing the rights, duties, claims and expectations happening in the procedure of the transferring of property from buyers to sellers. According to this law, the breach of contract occurs when parties…
Rights of Unpaid seller against the goods As per Section 2(f) of the Indian Contract Act, the vendor must transfer the products sold, and therefore the buyer must pay the specified amount reciprocally, under the contract of sale by them. This is known as Reciprocal Promise. In other words, any…
Contract of Guarantee Section 126 of the Indian Contract Act, 1872 states that a contract of guarantee is a contract which performs the promise or the discharge of the liabilities of the third person in the case of default of that third person. This contract usually contains two parties but…
Revocation of authority (sec 201-210 ICA) Introduction:- Chapter X of the section (182-238) of the Indian contract act deals with the topic of ‘agency’. Revocation of a contract is a fundamental means to end the contract. The burden of proof rests on the affirming party to prove to a contract…
By Tania Maria Joy Introduction LLP is an alternative corporate business form that gives the benefits of limited liability of a company and the flexibility of a partnership. The LLP can continue its existence irrespective of changes in partners. It is capable of entering into contracts and holding property in…
By Tania Maria Joy Introduction The Indian Contract Act, 1872 governed all transactions relating to the sale of goods until 1930. Now, the contract of the sale of goods is regulated by The Sale of Goods Act, 1930 (hereinafter, referred to as the ‘Act’). Sections 76-123 of the Indian Contract…
Introduction There are many instances of bailment in our daily lives – when we give our clothes for laundry, when we use valet parking for our cars. We deliver our goods to another person or leave them in the power of another person for a purpose and expect to receive…
Introduction:- Chapter VII of the limited liability partnership act, 2008, deals with the topic financial disclosures. Limited Liability Partnership in short (LLP) is an unusual type of commerce association. It is not just supplies the recompense of limited liability however too allows its members the elasticity of arranging their internal…
By Tania Maria Joy Introduction An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. A contract is an agreement enforceable by law. Contracts are promises that the law will enforce. The law provides remedies if a promise is breached or recognizes the…
By Tania Maria Joy Introduction It is a settled proposition of law that an agreement of sale comes into existence when the vendor agrees to sell and the purchaser agrees to purchase, for an agreed consideration on agreed terms. It can be oral. It can be by exchange of communications…
Introduction:- Caveat Emptor is comes in a Latin phrase with the aim of the meaning, which is “let the buyer beware”. Caveat Emptor is a fundamental principle of the sale of goods act. We can also say this “warning Buyer”, in short; ‘let the buyer beware’. The purchaser or buyer has…
Introduction A partnership is a form of business borne out of a formal agreement, where two or more persons agree to become co-owners, to manage and operate the business in order to share its profit and losses. The partners in a partnership can be organizations, individuals, schools, businesses, governments or…
By Tania Maria Joy What is offer? Offer is defined under Section 2 of the Indian Contract Act 1872. The definition is “When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such…
By Tania Maria Joy Introduction The contract is when two parties put into writing an agreement that contains certain obligations which are to be performed by the parties. This written agreement becomes enforceable by law and then it becomes a contract. Enforceable by law means when the agreement has acquired…
Duties of buyers of goods Specific duties of the buyers of goods are as mentioned : Payment of price After the delivery of the goods from the seller, the buyer might accept it or reject it. If the buyer accepts it then he needs to pay the price of goods….
Introduction Chapter X of the Indian contract act deals by means of agency with the topic of appointment & authority of agents. For this agency law, we know there is the maxim “qui facit per alium facit per se”, which meaning is “who acts throughout another are deemed in rule…
Section 32 of the sale of goods act, 1930 defines delivery to carrier. (1)Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier (whether named by the buyer or not) for the…
Introduction A partnership is a form of business borne out of a formal agreement, where two or more persons agree to become co-owners, to manage and operate the business in order to share its profit and losses. The partners in a partnership can be organizations, individuals, schools, businesses, governments or…
Introduction Doctrine of holding out links itself back to the Partnership Act of 1980. This Doctrine has been incorporated under section 28(1) of the Partnership Act which states that if any one who by words written or spoken or by his conduct knowingly represents himself as the partner in the…
According to the Section 155 of Indian Contract Act, 1872 says that the bailee, without the consent of the bailor, mixer the foods of the bailor with his own goods in such a manner that it is impossible to separate the goods bailed from the other goods, and deliver them…
Introduction A limited liability partnership is that kind of partnership where the liability concerned to each partner is limited to the amount they put into business. Under a LLP all the personal assets of the partner are being saved from legal action. The creditors cannot go after the personal assets…
A partner is an agent of the firm and it specifies that a partner is an agent for the purpose of business of the firm. Under section 18, a partner of the partnership firm acts as both the principle and agent. As principle when he acts for himself and his…
By Tania Maria Joy Introduction The Indian Contract Act, 1872 governed all transactions relating to the sale of goods until 1930. Now, the contract of the sale of goods is regulated by The Sale of Goods Act, 1930 (hereinafter, referred to as the ‘Act’). Sections 76-123 of the Indian Contract…
