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Untitled 10

Contract law And Tort law

Contract law is that body of rules that govern contractual agreements between persons or merchants. A contract is basically an agreement between parties outlining their duties and responsibilities to one another. Contracts can be formed for nearly any type of interaction. So, contract laws may address various transactions for the sale of goods and services. Contract laws outline what a person can or cannot include in a contract, and what the remedies are if a party...

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who can sue and who can't
(1). INTRODUCTION.
Every person living in a civilized state has been given certain rights by the law. Infringement of these rights gives rise to another right i.e. the right to sue the person who infringed those rights. This right to sue is known as the capacity of an individual where capacity indicates the competence of parties to sue and the liability to be sued. In torts however there are certain persons who can sue but cannot be sued. Certain who cannot sue but can
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1. Tort
Various celebrated writers have defined tort as under:
a.  Salmond
A tort may be defined as a civil wrong, for which the remedy is an action for damages, and which is not solely the breach of a .contract or the breach of a trust or other merely equitable obligation.
b. Fleming
"In very general terms a tort is a civil wrong other than a breach of contract which the law will redress by an award of damages".
c. Frederick Pollock
The law of torts in civil wrongs is a collective name for
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Discharge of Torts: How the case of tort is discharged.
Death: This is the case in which case is abolished before proceedings begin in Court. If plaintiff dies, the case of tort ends. In 13th Century torts started in England. Defendant frees upon the death of plaintiff till 1934. A law was passed with the name of The Law Reforms (Miscellaneous Provisions) Act, 1934. Now case cannot be end even if plaintiff dies, but there are five exceptions. They are as follows:
1.Defamation case ends upon death....

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Defamation is the “publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally; or which tends to make them shun or avoid that person.”

Kinds of defamation: According to English Law, defamation is of two kinds: Libel and Slander. “A libel consists of a defamatory statement or representation in permanent form; if a defamatory meaning is conveyed by spoken words or gestures it slanders.” Slander is converted into libel when spoken...

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Unpaid Seller

ØThe seller of goods is deemed to be an “unpaid seller” within the meaning of this Act.
Øat the point when the entire of the cost has not been paid or tendered;
Øat the point when a bill of trade or other debatable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonor of the instrument or otherwise.
An unpaid seller is a seller who has not received the hole price, or to whom the whole
...

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1. Proposal

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 act or abstinence, he is said to make a proposal. Section 2(a)
a. Promise
The word 'promise' in the act is used in a Narrow sense to mean an accepted proposal .It is not the same thing as an agreement which is defined under clause (e). The technical use of the word 'promise' in the Court Act is far narrower that the popular use. Express'
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Untitled 1

1. Introduction
Basic philosophy, which works behind a contract, is based on a Latin phrase, and this phrase states that agreement must be kept. However, only valid contract can be kept. And for making of a valid contract, essentials and purpose of the contract are the very importance.

2. Definition
According to Contract Act, an agreement, which is enforceable by law, is a contract.

3. Essentials of Valid Contract

Following are the main essentials of a valid contract.

i. Free Consent of Parties
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1. Introduction:
Partnership is the relation between persons who have agreed to share the profit of business carried on by all or any of them acting for all. The person who have entered into partnership with one another are called partner. The rights and duties of partner. The rights and duties of partners are determined in accordance with the agreement of the firm, are agent as well as principals.
2. Partner:
The person who enters into partnership trough agreement is known as partner. He has agreed...

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