Consent in Online Contractual Transactions: Issues and Challenges
The Law Blog » Contract
by The Law Blog
3y ago
Online contracts are not specifically mentioned in the Indian Contracts Act, 1872 (hereinafter the Act). However, since the Act does not exclude online mode of communication of proposal, acceptance and revocation, online contracts are impliedly covered under it. Moreover, following the 2008 amendment of the IT Act, 2000, online contracts fall within its ambit under section 10A, which recognises the validity of electronic contracts. Click-wrap contracts are online contracts in which to avail a specific service, the user needs to give his consent to certain terms and conditions (“T&C”) assoc ..read more
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Bailment is a sui generis concept!
The Law Blog » Contract
by The Law Blog
3y ago
INTRODUCTION- Bailment, as according to Section 148 of the Indian Contract Act (herein after referred to as ‘ICA’), defines as the transfer of the goods while not giving up its ownership, i.e. only the possession of the goods is transferred and not the title. The person who transfers the possession is called ‘bailor’ and the one getting the possession is called ‘bailee’.[1] It is widely accepted notion that it is a sui generis concept. It is duly stated so because of its autonomous nature.[2] The author in this paper will try to analyze the concept of the bailment and the reason behind its uni ..read more
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Has the Concept of Goods been widened through Judicial Interpretations?
The Law Blog » Contract
by The Law Blog
3y ago
Introduction The most widely accepted definition of ‘goods’ is found in Section 2(7) of the Sale of Goods Act 1930.[1] It defines goods as every kind of movable property (defined in the General Clauses Act, 1897)[2], excluding money and actionable claims. The definition explicitly includes shares, crops, grass and things which form a part of the land but agreed to be severed before being sold. The concept of goods has supposedly undergone a change over the last century, both through statutory amendments and judicial interpretations. As a result, things which strictly do not satisfy the require ..read more
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The Contract of Bailment – Case Analysis
The Law Blog » Contract
by The Law Blog
3y ago
Introduction The concept of ‘bailment’ is dealt with in chapter IX of the Indian Contract Act, 1872. ‘Bailment’ is a technical common-law term that encompasses change or transfer of possession of goods, upon a contract to return or dispose of the goods in accordance with the direction of the person’s delivering them, once the purpose for such transfer is completed.[1] The core vital feature of bailment is the change of possession, either physical or constructive.[2] The Indian Contract Act, 1972, under section 148 defines the Contract of the Bailment, and in successive sections deals ..read more
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Does COVID-19 qualify as a Force Majeure Event with respect to all contracts?
The Law Blog » Contract
by The Law Blog
3y ago
Introduction: COVID-19 was categorized as a pandemic by the World Health Organization (“WHO”) on March 11, 2020. There is a significant impact on the business sector around the globe. In this era of open borders and extra-territorial business activity, this pandemic can lead to an enormous slowdown of the global economy. One of the apprehensions caused by the consequences of COVID-19 is the difficulty faced by a business or corporate sector to fulfil their obligations under a contractual relationship with another entity. In such circumstances, most business entities try to invoke the force maj ..read more
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Partnership Doctrine: The Intrinsic Interplay between Facts and Law
The Law Blog » Contract
by The Law Blog
3y ago
1. Introduction In India, Partnership, which provides for the right of association, has been guaranteed under  Article 19(1)(c) of the Indian constitution (the freedom to form or associate with unions). The rights and obligations of a partnership firm do not have a distinct legal existence and are guarded by the Indian Partnership Act.[1] The Indian Partnership Act, despite its robust nature, remains silent on various aspects pertaining to the establishment of a partnership and in turn requires a manual effort by analysing the factual matrix. This article is an endeavour at delving into s ..read more
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Hypothecation is no different from Pledge: A justification
The Law Blog » Contract
by The Law Blog
3y ago
INTRODUCTION Hypothecation Defined Hypothecation is not created by any statute but has been used in the mercantile arena for a long time. There is no provision catering to Hypothecation either in the Contract Act or the Sale of Goods Act. Any law or statute does not govern it. Hence, courts have to decide upon cases pertaining to Hypothecation purely based on the general principles of the contract according to the hypothecation agreement[i] . However, the term “Hypothecation” has been mentioned in the SARFESI Act, 2002[ii] where it has been defined as a charge on any movable property due in fu ..read more
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COVID-19 as a Force Majeure Event: Re-examining Laws and Contracts
The Law Blog » Contract
by The Law Blog
3y ago
INTRODUCTION WHO declared SARS-CoV-2 (COVID-19) as a pandemic on the 11th March 2020. India reported its first and foremost case on January 30, and in recent weeks, the nation has seen the exponential growth in the number of confirmed cases. This constant increase in the cases leads the ministry of health and family welfare of India to admit that India has entered into the “limited” community transmission phase.[i] Many people blamed the blatant globalisation the element cause of the transmission of this pandemic but the irony is that the business – the main pillar of the globalisation is the ..read more
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Subjectivity or Objectivity? Supreme Court on Implied Terms in Commercial Contracts
The Law Blog » Contract
by The Law Blog
3y ago
This post seeks to critically analyze the recent case of Nabha Power Limited (“NPL”) v. Punjab State Power Corporation Limited&Another (“PSPCL”)[1] with respect to remedying ambiguous terms in commercial contracts. This case is of vital importance as the Court comprehensively analysed Indian and International jurisprudence regarding implying terms in commercial contracts and upheld a 5-pronged test to douse such ambiguities and breathe life into contracts. It will henceforth serve as a beacon of guidance to interpreting all commercial contracts. Ambiguity in contracts arises when the ..read more
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Insurance in Indemnity in India- A Need?
The Law Blog » Contract
by The Law Blog
3y ago
This article has been written by Shramana Dwibedi. Shramana is a second-year student at Symbiosis Law School, Hyderabad. Indian Law (The Indian Contract Act, 1872) The Indian Contract Act which by way of its section 124 provides for indemnity gives a narrower interpretation of seeing at insurance contracts. The indemnity contracts only arise out of any loss occurring to the indemnified due to any fault either caused by the indemnifier himself or due to the act of a third party. It does not recognize any other form of loss apart from the ones caused by human conduct. Therefore, a cont ..read more
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