it comes to deciding on case‚ judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as “the doctrine of binding precedent”. The doctrine of binding precedent required that “like cases decided alike”. If a case now before the court has facts and raises issues similar to those of a previously decided case‚ then the present case will be decided in the same way as the earlier one. In this way‚ the earlier case‚ referred to as ‘a precedent’
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Indian Contract Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law‚ as subsequently amended. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. The
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1. INDIAN C0NTRACT ACT 1872 Introduction: We enter into contracts day after day. The Law of Contract is comboided in the Indian Contract Act‚ 1872. The contract act incorporates many features of English Law. What is a Contract ? Section 2(h) of the Indian Contract Act 1872 defines a as an agreement enforceable by law. Section 2(e) defines agreement as “every set of promises forming consideration for each other. Section 2 defines promises in these words ‚ when the person to whom the proposal
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Section 4 Contracts Act 1950 – COMMUNICATION WHEN COMPLETE 4 (1) The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made ( ie the acceptor (emphasis added)). 4(2) The communication of an acceptance is complete:- (a) As against the proposer‚ when it is put in a course of transmission to him‚ so as to be out of the power of the acceptor; and(Case Ignatius v Bell and also Byrne v Van Tienhoven) (b) As against the acceptor‚ when it comes
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A] Indian Contract Act‚ 1872 The Contract Act serves as a Mother Act. The Contract Act has a direct link with most other Acts. Whenever two or more people want to establish a relation between/amongst them‚ there is a need for a contract: Sale of Goods Act (buyer-seller relation)‚ Partnership Act (principal-agent relation)‚ Negotiable Instruments Act (debtor-creditor relation) and so on. Key takeaways: • A contract is any promise or set of promises that are made by one person to another in return
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The Indian Contract Act‚ 1872 Contract – Meaning and Nature: The law of contract constitute the most important branch of mercantile or commercial law. The law relating to contracts is governed by the Indian Contract Act‚ 1872. This act mostly deals with general principle and rules governing contracts. The act is divisible into 2 parts: 1. Section 1 to 75 – deals with general principle of contract and applies to all contracts irrespective of their nature. 2. Section 124 to 238- deals
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1. Which Act sets the minimum wage ‚ and what is the current wage rate? The Fair Labor Standards Act sets the minimum wage.The current minimum wage is $7.25/h. 2. Under the FLSA‚ what information concerning the employee’s wages earned must be maintained by the employer? 1. Day and time of day when work-week begins. 2. Regular hourly rate of pay. 3. Basis of wage payments 4. Hours worked each day 5. Hours worked each week. 6. Daily or weekly straight -time pay. 7. Amount & nature
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Contracts II‚ UCTA and SGA ! Is everything in a contract a term?! ! Trader’s puffy - typical exaggerating advert statements.! Representations - a statement of the fault that persuades the other party to enter into the contract. ! The court takes into account four factors in deciding whether a stamens is part of the terms or just presentation. ! 1. The parole rule: written contracts - only the terms included in the written contract document are terms; any verbal statements will be representations
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features of the consumer protection act 1986. Also briefly discuss unfair trade practice and restrictive trade practice as discussed under consumer protection Act? 3 . What are the characteristics of negotiable Instrument? Discuss the ‘privileges’ of holder in due course as per the provisions of the Negotiable Instruments Act‚ 1881? Also state the important amendment to be incorporated under sec 138 of the act. 4 . Discuss the essential elements of a valid contract. 5 . Write short notes on
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MINOR’S CONTRACT? A CRITICAL ANALYSIS of the Indian Contract Act‚ 1872 [pic] SUBMITTED BY Zoldrex2 2011 INDEX |S. No. |Particulars |Pg No. | |1 |Abstract |ii | |2 |Index of Authorities
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