According to Sir Fredrick Pollack – “An Act of God is an operation of natural forces so unexpected to anticipate it”. According to Salmond – “An act of God includes those acts which a man cannot avoid by taking reasonable care. Such accidents are the result of natural forces and are incoherent with the agency…
INTRODUCTION: Almost every transaction around us is a result of a contract. When you buy vegetables from the seller, you promise to pay him money in exchange for vegetables. If you own a shop, you enter into two contracts; one with the manufacturer of the goods and second with the customer who will buy the…
Force Majeure is a French term which literally means “greater force”. Force Majeure means an event or an act which cannot be controlled or anticipated by any human being. It is a clause in a contract law which allocates the risk of loss if the performance of the contract becomes impossible for any of the…
Guarantee is a lawful term more far reaching and of higher import than one or the other warranty or “security”. It most generally assigns a private exchange through which one individual, to acquire some trust, certainty or credit for another, connects with to be liable for him. Contract of Guarantee is a contract to play…
Rights of Unpaid Seller against Goods: What are the rights of an unpaid seller? Abstract A seller is considered as an “unpaid seller” if he has not paid or received the whole price of the goods sold by him. In every contract of sale, a seller is under an obligation to deliver the goods sold…
What is Free Consent? Abstract Free Consent, in simple terms, means giving consent to a person for the performance of an act at one’s own will. But in the context of the Indian law both the term free consent and consent have their own importance and wide meaning. In this article, I would throw light…
Quasi contracts are the contracts which are actually not any agreement or contract because there is no competency, consideration, offer and acceptance, free consent of parties etc which are considered as the essentials of contract. But inspite of that these contracts are legally enforceable by courts of law and such type of contracts are known…
A stranger to a contract cannot be sued neither can sue a person who is not a party to contract. The law doesn’t allows a stranger to file a suit on the contract only a person who is a party to contract can sue or can be sued. This is called Privity of Contract. Illustration:-…
In a simple term, Consideration, according to Contract Law, is the return for the act that one has done. Or usually means some kind of remuneration or other benefit to one of the parties to the contractual agreement.Consideration needs not be in cash alone. Consideration is something that a party expects to receive from the…
Coercion is not new. This is something which is used by almost everybody so that their work is done in a smooth manner no matter what the other person is going through. The evil-minded persons achieve their intentions through Coercion. Even in 2021, parts of Kerala, Coercion is being used mostly for religious confessions or…
