Category: Contract
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Consent in Online Contractual Transactions: Issues and Challenges
Online contracts are not specifically mentioned in the Indian Contracts Act, 1872 (hereinafter the Act). However, since the Act does not exclude online mode of communication of proposal, acceptance and revocation, online contracts are impliedly covered under it. Moreover, following the 2008 amendment of the IT Act, 2000, online contracts fall within its ambit under […]
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Bailment is a sui generis concept!
INTRODUCTION- Bailment, as according to Section 148 of the Indian Contract Act (herein after referred to as ‘ICA’), defines as the transfer of the goods while not giving up its ownership, i.e. only the possession of the goods is transferred and not the title. The person who transfers the possession is called ‘bailor’ and the […]
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Has the Concept of Goods been widened through Judicial Interpretations?
Introduction The most widely accepted definition of ‘goods’ is found in Section 2(7) of the Sale of Goods Act 1930.[1] It defines goods as every kind of movable property (defined in the General Clauses Act, 1897)[2], excluding money and actionable claims. The definition explicitly includes shares, crops, grass and things which form a part of […]
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The Contract of Bailment – Case Analysis
Introduction The concept of ‘bailment’ is dealt with in chapter IX of the Indian Contract Act, 1872. ‘Bailment’ is a technical common-law term that encompasses change or transfer of possession of goods, upon a contract to return or dispose of the goods in accordance with the direction of the person’s delivering them, once the purpose […]
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Does COVID-19 qualify as a Force Majeure Event with respect to all contracts?
Introduction: COVID-19 was categorized as a pandemic by the World Health Organization (“WHO”) on March 11, 2020. There is a significant impact on the business sector around the globe. In this era of open borders and extra-territorial business activity, this pandemic can lead to an enormous slowdown of the global economy. One of the apprehensions […]
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Partnership Doctrine: The Intrinsic Interplay between Facts and Law
1. Introduction In India, Partnership, which provides for the right of association, has been guaranteed under Article 19(1)(c) of the Indian constitution (the freedom to form or associate with unions). The rights and obligations of a partnership firm do not have a distinct legal existence and are guarded by the Indian Partnership Act.[1] The Indian […]
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