Category: Special Contract

Contract of Adhesion and Doctrine of Fundamental Breach

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 such contracts of adhesion since one party holds a stronger bargaining position in the contract and this is usually the drafting party, whereas the other party holds a weaker position and this is usually the accepting party. The existing provisions of the the Indian Contract Act show that the legal control is not quite adequate to come to the rescue of the weaker party against adhesion contracts and to meet the needs of the changing times.

Competition Law and the Telecom Sector

By Sarthak Behera, NUALS Editor’s Note:  INTRODUCTION The growth and development of the telecommunication industry in India has been tremendous. With new and cheaper technologies being adopted almost every year, in this industry India is on its path of becoming an electronics manufacturing hub of the world. With an addition […]

Concept of Gift Under Muslim Law

By Samarth Trigunayat, CNLU Editor’s Note: The concept of Gift, or Hiba in Muslim law has existed from the very inception of the religion, circa. 600 A.D. While Muslim Law has not been shown to recognise the differentiation of land into estates, it does recognise the difference between the ownership of […]

Rights And Liabilities Of An Undisclosed Principal In Agency

By Samarth Trigunayat, CNLU Editor’s Note: “The principle of Agency is a type of special contract entered into by two or more people, wherein one person (agent) acts on behalf of the other (principal).Such an agent can have one or more sub agents. Undisclosed Principal is a concept covered under […]