An act of God is a defense used in cases of torts on an event which the defendant has no control over occurs and the damage is caused by the event is due to the forces of nature. According to Salmond, an act of God includes those acts which a man cannot avoid by taking…
UNDUE INFLUENCE A contract is said to be induced by “undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. In particular and without prejudice to…
Can NRIs buy real estate in India? YES! The RBI’s circular now allows Non-Resident Indians to purchase certain types of property. However, other types of property can also be purchased after obtaining special permits. NRIs buying real estate in India should understand the legal requirements for owning real estate within the country. According to the…
The Indian Contract Act 1872 defines a contract as “An agreement which is enforceable by law is a contract”. Because it is enforceable for law so it requires certain conditions to be formed between the parties one of the important essentials is consent. Parties entering into the contract must want the same thing in the…
Efficiency and equity-: The biggest trade off a society faces is between efficiency and equity, efficiency is the maximisation of output from available resources, and equity is the equal distribution of output, this trade off can be easily understood with the help of an illustration, consider a pie being made by the contributions of five…
COMMUNICATION OF PROPOSAL AND ACCEPTANCE INTRODUCTION: Agreements are in each part of our daily existences. At the point when you lease a home, you need to maintain the conditions of a rent. In the event that you have a home loan on your home, you basically have an agreement with your bank to repay the…
A smart contract is a computer programme or transaction protocol that is designed to execute, control, or document legally significant events and activities in accordance with the conditions of a contract or agreement. The term smart contract was proposed in 1994 by an American cryptographer and a computer scientist, Nick Szabo. The smart contract is…
Specific performance means the execution of a contract as made; the actual performance of a contract by the party bound to fulfil it. Hals bury defines ‘Specific performance as ” an equitable relief given by the court in case of breach of contract . in the form of Judgement that the defendant has to do.”…
Laws are known to be replete with loopholes. The Exploitation of loopholes is something everyone likes to profess outrage about, and yet I would maintain that is central to legal practice. Practical constraints supposedly make laws avoidably over or underinclusive. This article offers a different perspective to a constitution. An aspect of the battle over…
• Actual Performance When a contract has been fulfilled by a promisor in accordance with the terms of the contract, the promise has been actually performed. Actual performance gives a discharge to the contract and the liability of the promisor comes to an end. Example:- There’s a contract between Mr. A and Mr B. Where…
