Vikesh Kumar, Dr. Ram Manohar Lohiya National Law University, Lucknow Editor’s note: Contracts are promises that the law will enforce. In case of contract, both the parties are legally bound by the promise made by him. Quasi contracts are certain relations resembling those created by contracts. In a transaction in […]
Review Of The Doctrine Of Agency By Necessity
Sankalp Shanker Srivastava INTRODUCTION- THE PRINCIPLE The origin of the principle of the Doctrine of Agency of Necessity rests in the idea where an agent exceeds his authority by acting on behalf of the principal in an emergency situation. This occurs when one party, the agent, is faced with an […]
The Measurement and Management of risks in Banks
By Shraddha Singh, Symbiosis Noida Editor’s Note: The objective of the research study is to analyse and examine the solutions of risk management preferred by banks. Further, this research seeks to address various solutions to risk management specifically in the banking sector and also whether the solutions of risk management cover […]
Issue Of Securities At Premium
Siddharth Dalabehera CHAPTER-I INTRODUCTION The term ‘Securities’ under Section 2(81) of the Companies Act, 2013 has been defined to mean ‘securities’ as defined in Clause (h) of Section 2 of the Securities Contracts (Regulation) Act, ’56 (SCRA). The term ‘securities’ include: shares, scrips, stocks, bonds, debentures, debenture stock and other […]
Agreements In Restraint Of Marriage
-Souradeep Mukhopadhyaya POSITION IN ENGLISH LAW: Under English Law, agreements which restrain marriage are discouraged as they are injurious to the increase in population and the moral welfare of the citizens. Back in 1768, precedent was set by the Court of King’s Bench in Lowe v. Peers where the defendant […]
Anti-Money Laundering Laws
The goal of a large number of criminal acts is to generate profits for the individual or the group that carries out the act. Money laundering is the processing of these criminal proceeds to disguise their illegal origin. This process is of critical importance, as it enables the criminal to enjoy these profits without jeopardising their source. In this paper, the author has discussed the various stages, trends, developments and the law relating to this subject.
Mohori Bibee v. Dharmodas Ghose
In this submission, the author has discussed in detail the Mohori Bibee case wherein, for the first time in 1903, the Privy Council declared that the minor’s contract was void and not merely voidable. The Privy Council reached this conclusion on the basis of various Sections of the Indian Contract Act which have also been elaborated in this paper to define the nature of a minor’s agreement.
Price sensitive information
By Tanvi Praveen, Symbiosis Law School, Noida Editor’s note: Knowledge is said to be power. Nowhere does this hold truer than in the case of price sensitive information in a company. Such information ought to be released in a manner that benefits all investors equally, without prejudice, and not in […]
Role of Bank as Trustee
– Sumit Kumar Suman, CNLU Introduction The relationship of banker and customer is not something which is static but is a relationship which on many occasions changes its colour from one relationship to another. In a normal course of business, the basis of banker and customer relationship is contract and […]
Marine Insurance Policy
– Saksham Dwivedi, CNLU Introduction & Historical Development Marine Insurance is not of recent origin. Its existence can be traced back to several centuries. Questions concerning it have naturally been coming up for a number of years and the law concerning it had taken a definite shape much prior to […]
Influence of Age on Buyer Behaviour
By Yashu Bansal, Chanakya National Law University, Patna “Editor’s Note: The present study analyses the effect of age on the behaviour of consumers. It discusses what factors affect the choices and purchasing decisions of buyers of different age groups, and how they are different from each other.” Age And Buyer Behaviour Age […]
Performance Appraisal
By Yashu Bansal, Chanakya National Law University, Delhi “Editor’s Note:This paper discusses the concept of performance appraisal. Performance Appraisal is a structured method of evaluating an employee’s performance in an organisation. The concept is important as it helps identify the strengths and weaknesses of employees, assists in succession planning and also serves as a tool for […]
Dishonour of Cheques: Director’s Liability in case of Dishonour
Cheques are a type of bill of exchange and were developed as a way of making payments without the need to carry large amounts of money. A dishonoured cheque cannot be redeemed for its value and is worthless; they are also known as an RDI (returned deposit item), or NSF (non-sufficient funds) cheque. Cheques are usually dishonoured because the drawer’s account has been frozen or limited, or because there are insufficient funds in the drawer’s account when the cheque was redeemed. A cheque drawn on an account with insufficient funds is said to have bounced and may be called a rubber cheque. Banks typically charge customers for issuing a dishonoured cheque, and in some jurisdictions such an act is a criminal action. A drawer may also issue a stop on a cheque, instructing the financial institution not to honour a particular cheque
Doctrine of Fundamental Breach: The CISG and The UCC
The doctrine of fundamental breach is chiefly predicated on the facts or assumption that a party to a contract or contract of sale has committed a misnomer in the contract that goes to the root of the contract, thereby knocking the bottom off its commercial relevance. The prerequisites which must be fulfilled before a buyer may avoid a contract under the CISG are very different from those which must be fulfilled to reject under the UCC. Moreover, case law interpreting the doctrine has only added to the ambiguity, thus making it nearly impossible for any interpreter to confidently answer the seemingly basic question of whether a contract for the international sale of goods has been fundamentally breached. It seems as though the goal of contract preservation has outweighed the desire for any bright line rules and maybe rightly so when considering the international context in which these cases are decided.