Category: Essays

Usually students are fully wired upon the day before an exam. But I have always bucked the trend. When others are burning the midnight oil you will find me chilling out at a cinema hall or an ice cream parlor. I don’t believe in last minute cramming for it makes me forget all that I have managed to learn with great difficulty until then. So whether I have finished the portions or not, I close my books with a big bang and chalk out stress-busting programs for the day. This ensures that I have a clear mind on the day of the exam. I also manage to get a good night’s sleep the night before the exam. Image Source : brocku.ca ADVERTISEMENTS: I have found that the great majority of…

Main essentials of a valid acceptance are mentioned below: 1. Acceptance must be given by the person to whom the proposal is made: An acceptance to be valid must be given only by a person to whom offer has been given. In other words, acceptance must move from the offeree and no one else. Image Source: 3.bp.blogspot.com 2. Acceptance can be given only when the acceptor has the knowledge of the offer: Acceptance therefore cannot be given without the knowledge of offer, as in case of Lalman Shukla v Gauri Dutt. 3. The acceptance must be absolute and unconditional: It is another important essential element of a valid acceptance. A valid contract arises only if the acceptance is absolute and unconditional. It means that the acceptance should be in total…

Essentials and legal rules for misrepresentation are explained below: Essentials and Legal Rules 1. The misrepresentation must be of material facts: It is an important and essential element of misrepresentation that the false statement must be of material facts.A mere expression of one’s opinion is not a statement of facts. It will be interesting to know that there is a lot of difference when the seller states that his property is worth one lakh of rupees, and when he states that he paid one lakh of rupees for the property. Image Source: designtekplastics.com ADVERTISEMENTS: The first is the opinion which the buyer may adopt if he so wishes. And the second is a statement of fact, which if false, makes the contract voidable. 2. The misrepresentation must be false, but…

Important Reciprocal promises are as follows:According to Sec. 2(f), “Promises which form the consideration or a part of consideration for each other are called reciprocal promises.”An agreement may consist of either (a) a promise supported by consideration given, or (b) a promise supported by another promise. ADVERTISEMENTS: In the latter case, when an agreement is supported by another promise, it will be a reciprocal promise. Thus, in reciprocal promises each party gives a promise for a promise. Reciprocal promises are of the following types:- 1. Mutual and independent reciprocal promise: When each party performs his promise independently and irrespective of the fact whether the other party has performed, or is willing to perform his promise or not, the promises are mutual and independent. Example: X agrees Y to supply milk…

Breach of contract is of following two types:1. Actual Breach ADVERTISEMENTS: 2. Anticipatory Breach 1. Actual Breach of Contract: It occurs when on the due date of performance or during the performance a party fails to perform his obligations. Thus, the actual breach of contract may be discussed under the following two heads:- Image Source: livelaw.in (I) Actual breach of contract on the due date of performance: Sometimes, on the due date of performance, one party fails to perform his obligations. In such cases, the other party is discharged from the performance of his obligations and can hold the guilty party liable for the breach of contract.Example: ADVERTISEMENTS: X agreed to sell his car to Y on 1st June. But on 1st June X refused to sell the car to…

Important remedies those are available to an aggrieved party on the breach of a contract are:1. Rescission of the Contract2. Claim for Specific Performance of the Contract ADVERTISEMENTS: 3. Claim for Injunction4. Claim for Quantum Merit, and5. Claim for Damages. 1. Rescission of the Contract: When there is breach of contract by one party, the other party may rescind the contract and thus, is absolved from all his obligations under the contract. Image Source: hawaiiesquire.com ADVERTISEMENTS: Example:X promises Y to supply him a scooter on 27th, and Y promises to pay its price on receipt of the scooter. X does not supply the scooter on 27th, Y is absolved from paying its price. Rules for Rescission: In this connection, there are two rules, viz,- ADVERTISEMENTS: (i) Sec. 65:When a party…

Sec. 129 of the Act defines continuing guarantee as, “a guarantee which extends to a series of transactions.” Generally, indefinite numbers of transactions are dealt in continuing guarantee. Such guarantee may be in respect of a future transaction during fixed period for example for one year. The features of continuing guarantee are: 1. The guarantee is not exhausted by the first advance or credit or supply upto the pecuniary limit. ADVERTISEMENTS: 2. Revocation can be made by notice to the creditor in relation to future transactions.3. Continuing guarantee is terminated by the death of the surety as regard the future transactions. epawnmarket.com epawnmarket.com Revocation of Continuing Guarantee: Following are the circumstances in which the continuing guarantee can be revoked:- 1. By notice: According to Sec. 130, the continuing guarantee may…

Someone has very aptly and wisely said that a stitch in time saves nine. It contains an invaluable piece of sane advice, which we constantly hear from our teachers in school and elders at home. This highly useful, didactic dictate applies to every field of activity.It implies that work done in time saves a lot of labour, later on. To illustrate it further, it can be said that suppose there is a tear in your shirt, the wisest thing is to stitch it up without any delay, otherwise there will be tears all the way down, which would require a lot more labour and time to put a patch on it. And the final effect too would not be as tidy as it would have been, if it had been…

It was 4 o’clock in the afternoon. I was busy in doing my lessons and homework. Mother was engaged in the kitchen, preparing tea for me. Suddenly, there were shout and cries and a lot of confused noise. Immediately I rushed out to find out what was all that. I was told that the juggins in the neighborhood were in flames. They had caught fire and it was raging dangerously.I ran to the place where the fire was raging. I found all the juggins on fire. The women, children and men of these huts and juggins were simply crying, shouting and wailing helplessly. A big crowd had collected. Amidst hue and cry some of the people were throwing water, others were throwing dust, and still others beat the fire with…

My father took us on a pleasure trip to Katmandu, the Capital of Nepal. We went by air. We had got reservation of tickets long in advance. We reached India Gandhi International Airport two and half-hours earlier than the scheduled flight-time. We had to complete some customs and other formalities before emplaning.Our plane was ready for flight. It was a very big and spacious aeroplane with luxurious seats. It looked so royal, impressive and wonderful. It was for the first time that 1 had seen aeroplanes. I was really excited and full of many expectations. Our seats were near the windows, which gave us a fine view of the outside world.The pilot started the engines which gave out a loud roar, and then it began to move. Soon it was…