An injunction is a court’s direction to one or more parties in a civil trial to refrain from performing, or less frequently to perform specific conduct or acts. Preliminary, or temporary, injunctions are usually issued before the start of a trial; they expire when the proceeding is resolved or at an earlier time specified. Permanent,…
Introduction The Specific Relief Act, 1877 codified the law of specific relief in India. The Law Commission considered this provision in its Ninth Report, which was later replaced by the current act of 1963. The Specific Relief Act of 1963 addresses remedies granted at the discretion of the court to enforce individual civil rights. In…
Introduction: Indemnity and guarantee contracts are a type of contingent contract governed by Contract Law. Simply put, indemnity means protection against loss in the form of monetary compensation. Indemnity occurs when one party promises to compensate the other party for a loss caused by the promisor’s or any other party’s actions. The guarantee, on the…
Section 126[i] of the Indian contract act defines a contract of guarantee as a contract to perform the promise or discharge the liability of the defaulting party just in case he fails to meet his promise. To represent a contract of guarantee, there should be a concurrence of the principle-debtor, the creditor and therefore the…
Introduction Indemnity is a legal concept expressed in the form of a contract or mentioned as a clause in commercial contracts, in which a party promises to compensate the indemnified party for losses incurred as a result of the promisor’s or any third party’s actions. It can also be used to cover expenses incurred in…
Introduction Halsbury explained indemnity as a contract, express or implied to keep a person, who has entered into or who is about to enter into, a contract or incur any other liability, indemnified against loss, independently of the question of whether a third person makes a default. Adamson v. Jarvis[i], on the defendant’s instructions, the…
Introduction Pledge is a type of special contract in the Indian Contract Act 1872. It comes under bailment but is quite distinct. In bailment, the owner delivers the good to another person for some purpose. When the objective is fulfilled the good is returned to the owner. The owner who delivers the good is called…
A pledge transaction is conducted between a pawnor who delivers something as a security to a pawnee who keeps the good for a specific time mentioned in the contract. In a pledge, the pawnee has possession of goods that actually belong to the pawnor. The Contract Act provides pawnee certain rights with respect to holding…
Introduction A pledge is a type of special contract where the pawnor delivers a good to the pawnee as security for paying a debt or keeping a promise. Sections 172 to 181 of the Indian Contract Act 1872 deal with pledge. Pledge comes under bailment, hence, the pawnor who is originally a bailor enjoys the…
Pawnee is supposed to be the original owner and holder of the goods in order to pledge them to the other person as security. Goods pledged by any other person may not make the pledge valid. Suppose a servant pledges some goods given to him by his master when the master was not present, the…
