INTRODUCTION
Definitions are of particular significance in all areas of science and also law.
Without perfect and accurate meanings, no statute can ever be codified. The
second section of any codified law normally consists of definitions. I will show
you some simple but essential concepts here in this assignment that we use
in law.
Law is a system of laws established and implemented to control conduct
through social or governmental institutions, with its exact meaning a matter
of long-standing debate. It has been represented in several ways as science
and the art of justice. State-enforced rules, resulting in legislation, may be
created by a group legislature or by a single legislator; by the executive by
decrees and regulations; or formed by judges by precedent, typically in
jurisdictions of common law. Private individuals can negotiate legally binding
contracts, including arbitration agreements that follow alternate approaches
to traditional court litigation to settle disputes. A constitution, written or
implicit, and the rights embedded therein, can affect the creation of laws
themselves. The law affects politics, economics, history and culture in
different forms and functions as a mediator of relationships between people.
Judicial structures, with their variations studied in comparative law, vary
between countries. A legislature or other central authority codifies and
consolidates the legislation of civil law jurisdictions. Judges make binding
case law by precedent in common law systems, but this can be reversed by
a superior court or the legislature on occasion.
Religious legislation has traditionally affected secular topics, and is still found
in some religious groups. In many nations, including Iran and Saudi Arabia,
Sharia regulation based on Islamic values is used as the main legal
framework.
PRECISE DEFINITION AS NEEDED IN LAW
- Exactly or sharply defined or stated
- Minutely exact
- Strictly conforming to a pattern, standard, or convention
These are some meaning of word ‘precise’. Precise definition is a term that
describes something in the right word with total consistency without any
additional word or less in the definition. In order to satisfy all these criteria for
perfect meanings, all legal definitions are carefully drawn up by law makers. LABOUR LAW For a smooth and just progression of the industry, labor law establishes
regulatory requirements established to govern and protect the labor segment
of the industry. Industrial Disputes Act 1947, Industry Act 1951, Minimum
Wages Act 1948, Workman’s Compensation Act 1923, Factories Act 1948,
are major laws regulating labor practices in India. In addition, of course, there
are several regulations affecting any sector. The Industrial Disputes Act and
the Worker’s Compensation Act are studies of fundamental acts in legal
research.
In different legal acts, law has meanings of terms codified. It will allow us to
understand a vast range of essential principles of law by learning the simple
meaning of multiple concepts used in law.
Now, here comes the definition of Disablement and Industry. DISABLEMENT
It is something that decreases a worker’s earning capacity in any position in
which he was working at the time of the injury resulting in disability, where
the disability has a permanent structure, such as a disability that reduces his
earning capacity in any role that he was able to perform at the time.
• PARTIAL DISABLEMENT:
It is an impairment that reduces the earning capacity of a worker in any role
he was engaged in at the time of the injury resulting in the disability and
where the disability is of a temporary nature, means a disability that reduces
the earning capacity of a worker in any job he was engaged in at the time
resulted in the disability and where the disability is of a permanent nature.
In one or more limbs, partial disability refers to partial loss of functionality. If
there is no chance of therapy or recovery, it is regarded as a permanent
disability. The majority of permanent partial disability insurance coverage
shall pay compensation only after the partial disability has continued for six
months and at the end of the six-month period the disability shall be deemed
to be permanent. A certificate of disability from a central or state government
is also required to file the claim.
Provided that any injury alluded to in Part II of Schedule I is considered to
result in permanent disability.
• TOTAL DISABLEMENT:
It means such an impairment, whether temporary or permanent in nature, as
a worker’s disability for all work which he was able to do at the time of the
accident which resulted in such disability.
Total disability means a disability that disables an employee, whether acute
or lifelong in nature. For the potential, at the moment of the crash, he had for
the job he was doing.
given that the permanent total disability is assumed to result from any injury
referred to in Part I of Schedule I or from injury referred to in Part II of
Schedule I.
DIFFERENCE BETWEEN TOTAL AND PARTIAL DISABLEMENT PARTIAL DISABLEMENT– About 50 per cent of workers’ compensation cases are made up of this form of disability. Permanent partial impairment indicates that the person is now able to perform in his or her preferred profession, but not at maximum potential. Back fractures, hearing loss, and vision impairment are typical examples of permanent partial disability.
TOTAL DISABLEMENT- Total disability means that, as a result of your injuries or work-related condition, you are entirely impaired and can no longer work in the capacity for which you have been qualified. INDUSTRY
Industry means any systematic action carried out through co-operation
between an employer and its employees to manufacture, supply or sell
goods or services in order to fulfill human desires or desires (whether or not
they are desires or desires of a purely moral or religious nature), whether or
not,
• For the purposes of carrying out such activity, some money has been
invested: or
• Such activity shall be carried on for the purpose of making any profit or
benefit and shall include
(a) any action of the dock labor board constituted pursuant to Section
5-A of the Dock Workers Act 1948, 1948;
(b) any activity relating to the promotion of sales or business, or both,
carried on by an establishment;
However, it does not cover any agricultural operation until such agricultural
operation is carried out in an integrated fashion with any other activity
(including any activity as alluded to in the terms of this section above) and
such other activity is primarily one activity.
LAW OF TORT
The word tort has been derived from a Latin word “tortum” which means
twisted or recurved. According to Salmond, “Tort is a civil wrong for which
the remedy is a common law action for unliquidated damages, and which is
not exclusively the breach of contract, or, the breach of trust, or, other merely
equitable obligation’’.
Tort, in common law, civil law, and the huge majority of legal systems that
derive from them, any instance of harmful behaviour, such as physical attack
on one’s person or interference with one’s possessions or with the use and
enjoyment of one’s land, economic interests (under certain conditions),
honour, reputation, and privacy.
The law of torts developed almost absolutely in the common-law courts; that
is, statutes passed by legislatures were not the source of law that plaintiffs
generally relied on. Usually, plaintiffs would rely on the common law (judicial
decisions). Through thousands of cases, the courts have fashioned a series
of rules that rules the conduct of individuals in their noncontractual dealings
with each other. Through contracts, individuals can pursuit their own rights
and responsibilities toward each other. In the absence of contracts, tort law
holds individuals legally accountable for the consequences of their actions.
Those who bear losses at the hands of others can be compensated.
Basically, there are three types of intentional tort, negligence-based tort, and
strict liability tort.
An intentional wrong is a civil wrong that happens when the wrongdoer acts
in deliberate action that results in injury to another person.
Tort dependent on negligence occurs from reckless actions that results in
injury to another person.
The strict liability tort is the harm incurred by the inability to execute duties
that in any case one needs to do. Strict liability, also referred to as total
liability, is the legal obligation for harm or injury, even though the person
claiming to be strictly responsible was not at fault or incompetent, the injured
party is not allowed to show that liability for negligence is strict.
We mean injury; invasion of a person’s legal right and destruction is intended
to inflict any harm or damage to a person that contributes to his or her
distress. In addition, the strength of the tort is determined by whether the
conduct was deliberately caused to force action on another party or whether
the entity behaved in a reckless way that actually caused harm to the other
person.
Some of the more important definitions from torts are as follow.
They are nuisance that is further categorized as trespass that is further
categorized as private and public nuisance: trespass that is further
categorized as an individual or land trespass. Where infringement of persons
is further classified as assault and battery, while infringement of property or
land is further classified as civil and criminal.
NUISANCE
It is a civil mistake, consisting of something wrongfully done or allowed that
interferes with or irritates others in the exercising of their legal rights. It is
something that bothers or disrupts the free use of one’s property or makes it
difficult with the regular use of physical occupation.
A nuisance is something that interferes with right of people, the pleasure of
their property, or their convenience. It should be remembered that damage
incurred by the disorder determines an unfair interference with the use and
enjoyment of his or her property by another person and is not determined by
the actions of the individual causing the condition.
A nuisance is distinct from a land trespass. A trespass is an infringement of
the interest of a party in the sole ownership of their estate, whereas a
nuisance is an interference with the land’s usage and enjoyment and needs
no interference with the possession. In litigation under the rule of tort, a
person hurt by a nuisance may recover damages. Similarly, where such use
significantly affects the property of another party, damages arising from the
legitimate use of the property may also be recovered.
1.PRIVATE NUISANCE
A private nuisance is an interference with the enjoyment and use of the
property by an individual. The law acknowledges that landowners, or those
in lawful ownership of land, are entitled to the property’s unimpaired state
and fair comfort and ease in their occupation.
A number of examples of private nuisances. Vibration or blasting that
destroys a house; loss of crops; rising of a water table; or the contamination
of vegetation, a creek, or an underwater water source has actually occurred
are nuisances that impact the physical state of the land.
Foul smells, noxious chemicals, smoke, dust, noisy sounds, artificial light, or
elevated temperatures are examples of nuisances that conflict with the ease,
convenience, or health of an occupant. In addition, a disturbance may even
disrupt the emotional tranquility of an occupant, such as a neighbor that owns
a dangerous dog, particularly though an accident is merely threatened and
has not necessarily happened.
Often, trespass is mistaken with nuisance, but the two are different. An
violation of one’s right to exclusive ownership of land is secured by a trespass
suit.
2.PUBLIC NUISANCE
An inconvenience or alarming offense is such a public nuisance or popular
nuisance as it usually annoys the whole society and not only any individual
offender. The word public nuisance encompasses a large spectrum of small
offenses that endanger a community’s health, morality, protection, comfort,
ease, or welfare. A prison penalty, a fine, or both can be punished by
violators. To eradicate a disturbance or to cover the costs of removal, a
claimant may also be necessary.
A producer that has contaminated a drain, for example, may be fined and
may even be ordered to cover the cleaning bill. Public nuisances, such as
holding diseased animals or a malarial bath, can interfere with public health.
Shooting flares in the streets, holding bombs, practicing medicine without a
warrant, or harboring a vicious dog are public safety nuisances.
A public nuisance interferes, not just one person or a group of people, with
the public as a class. For a private person injured by a public nuisance, even
though his or her injury was worse than the damage experienced by others,
there is no legal remedy; the exclusive remedy is a criminal trial.
In some cases, certain nuisances may be both public and private, where the
public nuisance greatly interferes with the usage of the adjoining property of
a person. For instance, river pollution may be both a public and a private
nuisance. This is referred to as a mixed nuisance.
TRESPASS
Trespass breaks into someone’s land without the lawful consent of such an
entrance. With regard to an individual, land or property, a trespass is an
unauthorized actin. Occasionally, even airspace is taken as land. One of the
oldest and most detailed writs is the tort of trespass; it encompasses both
criminal and civil aspects within its scope. The principle of human protection,
i.e., freedom from all forms of abuse and physical harm, is at the center of
individual violation.
An individual is said to have committed criminal trespass to a person where
he is found guilty without permission of overt combined with forcible bodily
intervention and a suit is actionable even though no bodily harm has been
caused, as long as such action may be pursued by means of a complaint as
long as a civil right has been abused. There are thus basically three
components in the case of criminal trespass: a) Immediate and forcible body
interference b) Without any consent and c) Legal harm has been sustained.
Types of trespass in details:
1.PERSONAL TRESPASS
A trespass to the entity consists of any interaction with the identity of another
for whom permission has not been granted. Technically, this is known as a
battery. An assault is a case where there is a cause for a survivor to expect
a risk of suffering from a battery on his person.
1) ASSAULT
Assault is described as ‘an effort or offer to apply force directly or indirectly
to the body of another if the person making the attempt or offer induces the
other to assume on rational grounds that he has the power to conduct his
purpose. It is the open act showing an actual intention to commit a battery
coupled with the ability to carry with that intention.
Therefore, under the crime of battery, a person may be convicted of assault
but not vice versa. Assault also falls under the jurisdiction of Section 351 of
the Indian Penal Code.
2) BATTERY
The purpose of the battery is to do grievous harm to another person by
touching another person hostilely or against his will. Cole V. Turner’s seminal
case established the principles of battery being
(a) The least touching of another in indignation is battery.
(b) If two or more meet in a narrow passage and without aggression or injury,
one brushes the other softly, there will be no battery.
(c) If either of them uses aggression against the other, it will be a battery to
push his way in a rude ordered way; or any dispute over the passage to
that degree as it may hurt, will be a battery. It also said the aim must
necessarily be taken into account in the case of a battery.
A land trespass entails moving on or over another’s property without
authorization. The use of someone’s land without the consent of individuals
is a trespass on personal property. Trespass to land and trespass to property
are also used in the related sense of the word. Boundaries of countries are
often considered inclusive of airspace when contemplating land or property
with regard to the country. These infringements are further defined civil and
criminal.
i. CRIMINAL TRESPASS
In Black’s Law Dictionary, the concept of ‘criminal trespass’ is stated as ‘a
person who occupies the property of another without any right, legal
authority or an explicit or implied invitation or license.’
Basically, criminal trespass refers to a person’s unlawful entry into another
person’s private property. Anyone who occupies another’s land without
permission from the owner is said to have committed the crime of criminal
trespass. Trespass against land has been regarded as a legal error all
over the world. However, several nations, including India, have now made
it a criminal offence. In India, criminal trespass is usually a legal wrong
and penalties are usually awarded for compensation. Trespass with a
criminal motive, though, is considered as a felony and is punishable under
the IPC.
ii. CIVIL TRESPASS
In civil law, invasion of land consists of the unjustifiable interference of an
individual into another’s ownership of land. In the courts, federal trespass
is actionable, but the owner of the property must file a lawsuit.
DIFFERENCE BETWEEN CRIMINAL AND CIVIL TRESPASS
CIVIL TRESPASS- To impose the statute to bring the case, a private citizen is required. You ought to pay compensation to the other party until the case is
lost. An infringement of the land under which the interests of the owner are preserved with absolute ownership over the property would cause civil trespass. It is a civil law that ensures the owner of the land and the trespasser must be charged in court.
CRIMINAL TRESPASS- If it is state or municipal, the legislation is enforced by the police and prosecutors. You have to face time in prison or have to pay the penalties. This involves an entity entering or staying on a property on which he knows that no permission will be given. It’s an infringement.
III. NEGLIGENCE
In order to prevent probable injury, negligence is a failure to meet the degree
of caution that a reasonable responsible individual would follow. If an
individual behaves with less caution than would be used by a normal person
in comparable conditions, a person may be intelligent. LAW OF CONTRACT
Basically, the essence of contract law is that it is an arrangement of
obligations between two or more parties, culminating in an agreement to
execute or refrain from executing a certain act, an obligation acknowledged
and imposed by law.
Each corporation has to launch, perform or manage certain business
operation and have to conform with those norms and there have to be certain
fundamental principles. We have some basic meanings of the basic rules
laid down for such an agreement that we must review from the Indian
contract act.
1) CONSENT
Consent involves deciding to do something or giving authorization.
For example, a father to sign a permission slip for his child to go on a field
trip is an indication of approval.
As per the Indian Contract Act, once they agree to the same issue in the
same way, two or more people are said to consent. It is presumed that the
consent specified in the description is free consent.
2) FREE CONSENT
It is an agreement reached with the union of reasoning between two parties
with the same reason. It’s under the concept of consensus-ad-idem. This is
the principle of free consent.
A and b are two parties, for instance, and a had some financial crisis, so he
wants to make a deal. B wishes to recognize the contract by A, after learning
all the facts and after considering the situation, here the contract or
agreement is made with the mutual consent of all parties. There is nothing
but free consent of the deal. While both consent and free consent appear to
have a common definition, as we go over them in detail, minor variations are
found. As well as the same sense of mind, the elements of consent are
restricted to a similar intent. The free consent part, on the other hand, should
be free of fraud, coercion, undue influence, misrepresentations, and other
mistakes as well.
3) COERCION
Coercion is to commit, or attempt to commit, any act prohibited by the IPC,
or to unlawfully detain, or to threaten to detain, any property whatsoever, to
the detriment of any individual whatsoever, with the purpose of forcing any
person to enter into an agreement.
For instance, it is an actual physical threat to point a gun at someone’s head
or hold a knife to someone’s throat. Asking someone that if they do not
cooperate, their sister will be robbed is an implicit physical threat.
4) MISREPRESENTATION
A misrepresentation is an untrue assertion by one party of a material truth
that influences the judgment of the other party to correspond to a contract. If
the misrepresentation is found, the contract may be declared void and the
unfavorably affected party can claim damages based on the case.
The person who made the misrepresentation was the claimant in such a
contract case and the appellant is the aggrieved party. Misrepresentation in
contract law is highly relevant in commercial contracts where high-volume
transactions exist. Misrepresentations of the benefit and/or risk involved with
a partnership will cause corporations and entities tremendous financial
losses while raising the risk of joint business projects. Misrepresentation in
contract law is also important for ensuring justice and reducing the risk of
transactions between entities and firms.
Misrepresentation is defined under Section 18 of the Indian Contract Act,
1872, which states that misrepresentation is a form of declaration rendered
prior to the conclusion of the contract. There are two forms of declaration
that can be made before a contract is formed, each of which will:
(a) A section of the deal.
(b) It does not constitute part of the contract, but it becomes a representation.
5) UNDUE INFLUENCE
The undue influence of a person who is insecure or relying on someone else
is an unfair control. In the insecure adult’s will, it always pops up. In
someone’s estate plan, there are several ways in which excessive
interference will turn up.
An example is if a member of the family is left out of a will, particularly if they
were to be included. That may be suspect if the maker has not mentioned
his children in the will. Even, if an elderly loved one alters their will
dramatically, it may be a sign of excessive control.
6) FRAUD
Fraud is a misleading or criminal fraud designed to add to economic or
personal benefit. Fraud implies and involves any act committed by a party to
a contract, or with his connivance, or by his agent, with the purpose of
influencing or forcing him to enter into a contract where, as a matter of fact,
one who does not consider it to be true suggests that which is not true; Or
the deliberate concealment of a truth by one with information or briefness of
the fact; or a statement rendered without any purpose of carrying it out; or
any other act fit to deceive; or any act or omission declared to be dishonest
by statute.
For example, B is the daughter of A and has just reached her era. The link
between the parties will make it possible here. A has a responsibility to inform
B whether the horse is unsound
Aishwarya Says:
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