Contingent Contracts

The word ‘contingent’ means to be dependent or conditioned by some other event or fact. The contingent contract thus means a contract in which the enforceability of promise is conditional depending upon the occurrence of an event. According to Section 31 of the Indian Contract Act, 1872, ‘A contingent contract is a contract to do…

Void Agreements

Introduction Agreements have become an inseparable part of our daily lives today; we enter some or the other kind of agreement almost every day. It would not be wrong to say thereby that agreements play an immense role in governing our daily intercourse. It would be a mistake for someone to assume however, that all…

Competence to Contract

Introduction Just about every transaction that we enter into on a day-to-day basis is predicated on a contract. To exemplify, when we purchase a ticket to spectate a motion picture or a sporting event or purchase groceries from a grocer, we enter into a contract. However, a legal fact that is often disregarded is that…

Agency

Section 182 of the Contract Act defines the term “Agent” and “Principal” as “An agent is a person employed to do any act for another or to represent another in dealing with another person. The person for whom such act is done, or who is so represented, is called the “principal”. In an agency one…

Employee Turnover

Employee turnover is a serious problem with regarding to industry. Employee turnover is defined as the rate of change in working staff of a organisation during a definite period. Employee turnover means changing of employees for migrating or employees from one organisation or industry to another. The main reason of employees shifting from one form…

Corporate Insolvency Resolution Process against the Personal Guarantor Under Insolvency and Bankruptcy Code, 2016.

Introduction Under the code, the personal guarantor defined u/s 5(22) of the Insolvency and Bankruptcy Code, 2016 (“IBC“).  A personal guarantor is a person who acts as the surety in a contract of guarantee to a corporate debtor. Section 60(1) of the IBC 2016 deals with the provision related to the initiation of the insolvency…