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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
Mohori Bibee v. Dharmodas Ghose
By Shraddha Agrawal, Chanakya National Law University Editor's Note: 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 is void and not merely voidable. The Privy Council reached … [Read more...]
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 … [Read more...]
Doctrine of Fundamental Breach: The CISG and The UCC
By Sonakshi Verma, National Law University Jodhpur Editor's Note: 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 … [Read more...]
Contract of Adhesion and Doctrine of Fundamental Breach
By Yamini Rajora, National Law University, Jodhpur Editor's Note: The nature of the contracts changes with the developments in business environments. Most contracts entered into by ordinary people today are not in fact the result of individual negotiations. Even insurance contracts are similar to … [Read more...]
The Development of New lex mercatoria in the context of Liberalisation, Privatisation and Globalisation
By Sonakshi Verma, NLU Jodhpur Editor's Note: Reforms in international commercial law have long been the centre of international efforts to facilitate international commercial transactions with lower costs to enterprises and higher legal certainty. As world trade and communications … [Read more...]
Statutory Transactions: A Comparative Analysis of the Indian and English Scenario
Yamini Rajora, National Law University Jodhpur Editor's Note: Statutory transactions are contracts under compulsion of law whereby parties are mandated by executive orders or legal regulations to enter into either contractual relations or contract–like relations. Therefore, it would not be a sale … [Read more...]
Indemnity And Agency
-Sumit Kumar Suman, CNLU Introduction Indemnity can be treated as a sub-species of compensation and a Contract of Indemnity is a species of contracts. The obligation to indemnify is a voluntary obligation taken by the indemnifier. Mere possibility of loss occurring will not make the indemnifier … [Read more...]
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