Concept of Free Consent

Introduction For an agreement to be a valid contract, it should meet the requirements of the same under Section 10 of the Indian Contracts Act, 1872. These requirements include free consent of the parties, lawful consideration with a lawful object, and not expressly declared void. According to Section 10[1], “All agreements are contracts if they are made by free consent.” Thus, if an agreement is made without the free consent of the parties, it cannot be a valid contract, and it would be voidable or void. Meaning of Consent Section…

CAPACITY TO CONTRACT

Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement that is enforceable by law. The ability or eligibility of partners to form a business contract is the most important aspect of a legitimate partnership arrangement. The legal ability of an individual or an entity to enter into a partnership is referred to as “capacity to contract”. Before signing a contract, the partner must be competent and meet the stipulated standards, according to business law. The capacity in contract law is defined under Section 11 of the Indian Contract Act, 1872.…

PRIVITY OF CONTRACT

INTRODUCTION The doctrine of privity of contract is a common law principle that states only the contracting parties can sue or enforce their rights and liabilities and, no third party or stranger can confer obligations on anyone who is not a party to the contract, even if the contract is in his benefit. Hence, under the doctrine of privity of contract, a third party cannot acquire rights under, be liable for or enforce a contract to which he is not a party. MEANING AND SCOPE The doctrine of privity of…

Contracts and Its Essentials

Introduction The law of contract in India is governed by the Indian Contract Act, 1872.  According to section 2 (h) of the Indian Contract Act, 1872 contract is an “agreement enforceable by law”[1]. The definition of contract can be divided into two parts i.e. agreement and enforceable by law. Section 2(e) of the Act[2] defines agreement as “every promise and every set of promises forming the consideration for each other”. To make a layman understand an agreement is an accepted proposal. An agreement is an umbrella term and for both…

Call for Submissions for the NLIU Labour and Employment Law Blog – Rolling Submissions

About National Law Institute University, Bhopal and Centre for Labour Laws The National Law Institute University, Bhopal (NLIU), was established by the Rashtriya Vidhi Sansthan Vishwavidyalaya Adhiniyam, by an Act No. 41 of 1997, enacted by the Madhya Pradesh State Legislature. NLIU is recognized by the University Grants Commission and the Bar Council of India. National Law Institute University’s important rock pillar- Centre for Labour Laws (CLL) was established in 2019. Although born in one of the most uncertain times mankind has ever seen; i.e., Covid-19 Pandemic, CLL is destined…

Patent Application Process

Introduction The word “Patent” is derived from the Latin word, ‘patere’, which means, “to lay open”. A patent is an Intellectual Property sanctioned to the inventor by the concerned government for a finite period (usually 20 years from the date of filing). The inventor is a granted patent for the novel creations, which forbids others from exploiting the invention except the inventor. According to World Intellectual Property Organization (WIPO), “A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general,…

PROCESS FOR TRADEMARK REGISTRATION

INTRODUCTION Trademarks are used to identify and protect words and design elements that identify the source, owner, or developer of a product or service. Trademarks are generally considered a form of intellectual property and may or may not be registered. To qualify as a trademark it should be a mark that can be represented graphically. The mark used should also be distinctive, i.e. it should enable consumers to differentiate the goods of the trader from that of his competitors in the marketplace. It includes: “a device, brand, heading, label, ticket,…

Openings at Jus Corpus Law Journal

ABOUT JUS CORPUS LAW JOURNAL Indexed at Manupatra, HeinOnline, J-Gate, ISSN (O): 2582-7820 Indexing at 25+ places Jus Corpus is a double-blind peer-reviewed E-Journal that provides a platform to students, academicians, scholars, professors & professionals in the fields of law and management to publish their Articles, Blogs, Case Comments, Research Papers, etc. in the different volumes and Blog section. Jus Corpus aims to bring various aspects and chains of Law under a single umbrella and provide services to Law students. The inspiration was derived from the ever-growing need of Law…

[Certificate Course]:- Art of Advocacy & Advanced Legal Drafting by ManuLegal & Associates in association with Vakeel Khoj.

INTRODUCTION ManuLegal & Associates in association with Vakeel Khoj brings to you, 1 month International Certificate Course on Art of Advocacy & Advanced Legal Drafting in Courts. The process of drafting, pleading and conveyance is of utmost importance in every court of law. Proper drafting of arguments is necessary in order to ensure that the arguments are clear, precise and understandable. Proper methodology of pleading in courts is also necessary in order to convey the arguments put forward. In this certificate course, Mr. Abhimanyu Singh, Founder of ManuLegal, advocate at…

APPLICATION PROCEDURE FOR A GUN LICENSE IN INDIA

Introduction India has staunchly advocated the policy of non-violence which rose to prominence during the independence struggle. However, both individuals, as well as nations, are inevitably required to be forewarned as well as forearmed in the event of any imminent danger. However, the law must establish a uniform and balanced procedure to ensure that such an opportunity is not abused by the citizens. Accordingly, the legal framework with regard to obtaining a gun license is governed under Sections 3,4,13 – 18 of the Arms Act, 1962 and Arms Rules, 2016.…