Essential Concepts of Contract Law: Offer, Consent, and Consideration
Types of Offer and Proposal
Definition (Section 2(a), Indian Contract Act, 1872)
When one person signifies to another his willingness to do or abstain from doing something, with a view to obtaining the assent of that other person to such act or abstinence, he is said to make a proposal or offer.
Explanation
An offer is the first step in the formation of a contract. It expresses a person’s readiness to enter into a legal relationship on specific terms.
Classification of Offers
- Express Offer: Made by
Constitutional Rights and Cyber Laws in India
Freedom of Speech and Article 19
Media rights are protected under Article 19(1)(a) of the Constitution, guaranteeing freedom of speech and expression.
Constitutional Framework
A. Article 19(1)(a)
- Grants every citizen the right to express themselves freely.
- Media, being the medium of speech, enjoys this right as well.
- Freedom includes:
- Right to print and publish news.
- Right to criticize government policies.
- Right to access information (subject to laws).
- Right to broadcast through TV, radio, and the internet.
Constitutional Protection of Rights: Amparo and Equality Principles
Judicial Protection of Fundamental Rights (Amparo)
Article 53.2 of the Constitution provides that the rights included in Articles 14 to 30 shall be protected by a special summary procedure known as judicial protection (Amparo).
This procedure was initially regulated by Law 62/1978 (prior to the Constitution), which has since been repealed. Currently, judicial protection is regulated under several specific laws depending on the jurisdiction:
- Administrative Litigation: Law 29/1998 (LJCA).
- Civil Jurisdiction:
Protecting Creditors: Share Capital Maintenance in Corporate Law
Doctrine of Maintenance of Share Capital
The doctrine or principle was developed primarily to protect the company’s creditors.
- Creditors have the right to be assured that the company’s capital is applied solely for the purpose of operating the business of the company.
Key Case Law on Creditor Protection
Re Exchange Banking Co – Jessel MR
The creditor lends money to the company based on the promise that the capital will only be used for business purposes. Because of this, the creditor has the right
Read MoreIndian Constitution: Fundamental Rights and Duties
Understanding Fundamental Duties in India
Fundamental Duties are the moral obligations of every citizen of India. These duties help in promoting a sense of discipline, patriotism, and responsibility towards society and the nation. They act as a guide for citizens to behave in a responsible manner and uphold the values of the Constitution.
The 11 Fundamental Duties Under Article 51A
As per Article 51A of the Indian Constitution, there are 11 Fundamental Duties for every Indian citizen:
- To respect the
Civil Procedure Code: Return and Rejection of Plaint
Return of Plaint (Order 7 Rule 10 CPC)
Introduction
It is a general principle of law that courts cannot entertain a suit unless they have jurisdiction to do so. When a suit is instituted in a court that determines it lacks jurisdiction to entertain the matter, the plaint must be returned to the plaintiff under Order 7 Rule 10 CPC for presentation to the proper court.
Meaning of Plaint
Plaint is not defined by the Code, so it must be taken in an ordinary sense:
Read More“It is a written memorial tendered to