...The Indian Contract Act, 1872 is the law relating to Contracts in India. It came into force on September 1, 1872 and is extended to the whole of India except to the state of Jammu and Kashmir. The Indian Contract Act, 1872 initially also dealt with Sale of Goods, Indemnity and Guarantee, Law of Bailment, Agency and Partnership. However, in 1930, a separate Act on the Sale of Goods was passed. The Indian Partnership Act was passed in 1932. Interpretation of The Indian Contract Act, 1872 1. When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal; 2. When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise; 3. The person making the proposal is called the "promisor", and the person accepting the proposal is called the "promisee"; 4. When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise; 5. Every promise and every set of promises, forming the consideration for each other, is an agreement; 6. Promises, which form the consideration or part, of the consideration for each other are called reciprocal promises; 7. An agreement...
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...THE INDIAN CONTRACT ACT, 1872 The law relating to contract is governed by the Indian Contract Act, 1872. The Act came into force on the first day of September, 1872. It extends to the whole of India except the State of Jammu and Kashmir. The Act is by no means exhaustive on the law of contract. It does not deal with all the branches of the law of contract. Thus, contracts relating to partnership, sale of goods, negotiable instruments, insurance etc. are dealt with by separate Acts. What is contract? The term contract has been defined by various authors in the following manner: “A contract is an agreement creating and defining obligations between the parties”. —Salmond “A contract is an agreement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others”. —Anson “Every agreement and promise enforceable at law is a contract”. —Sir Fredrick Pollock The Indian Contract Act has defined contract in Section 2(h) as “an agreement enforceable by law”. These definitions indicate that a contract essentially consists of two distinct parts. First, there must be an agreement. Secondly, such an agreement must be enforceable by law. To be enforceable, an agreement must be coupled with an obligation. A contract therefore, is a combination of the two elements: (1) an agreement and (2) an obligation. Thus Contract = Agreement +enforcement at...
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...1) INTRODUCTION Page - 1 2) PERFORMANCE OF CONTRACTS Page - 2 to 5 3) CONCLUSION Page - 6 4) BIBLIOGRAPHY Page - 7 INTRODUCTION IMPORTANCE OF CONTRACT LAW: Contract law lays down general principles of contract. It is like a limit or boundary within which parties can agree upon something. It lays down the circumstances in which it will be legally obligatory to perform a promise and provides remedies for breach. Our society depends upon free exchange in the marketplace at every stage. The interactions in the market all the times depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements can never become binding without a legal contract. It affects all of us since everyone enters into some kind of contract everyday without being actually aware of it. For example, eating out in a restaurant, travelling in a bus, taking property on lease, buying movie tickets, buying a house, etc all are contracts whether expressed or implied. EVOLUTION OF CONTRACT LAW: The origin of the contract law can be traced from the development of common law and it is also alleged to be an offspring of tort law, as both contracts and torts give rise to obligations. The difference between them lies in the fact that the tort obligations are imposed by law; on the other hand contracts are a medium through which people willingly create commitment between themselves. Contract law is based on a number of Latin legal principles...
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...PLEDGE A pledge is a special type of bailment in which a person temporarily transfers the possession or ownership of his/her property in order to secure a loan from the other person. It is defined as in the Indian Contract Act, 1872, as “The bailment of goods as a security for the payment of a debt or performance of a promise is called pledge. The bailor in this case is called a Pawner and the bailee is called a Pawnee.” Essentially, when the purpose of the bailment is to secure a loan, it is called a pledge. This article is concerned specifically with Section 176 of the Indian Contract Act, which deals with the pawnee’s right to sue or right of sale in case of the pawner’s default. The essential ingredients that are required to constitute a pledge are as follows: 1. Delivery of possession – As in bailment, the delivery of possession is essential in a pledge. Thus, in the case of Revenue Authority vs Sudarsanam Pictures, a film producer borrowed a sum of money from a financier and agreed to deliver the final prints of the film when they were ready. This was held not to be a pledge because there was no delivery of possession at the time of the agreement. It is also possible to let the pawner keep the physical goods even though the legal possession is transferred to the pawner. Thus, in Bank of Chittor vs Narsimbulu, a cinema hall equipment was pledged to the bank but the bank allowed the hall owner to keep the equipment to show the movies. The hall owner then sold the...
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...An outsider’s understanding of Mao requires a feat of imagination, first to recognize the nature of his supremacy. Mao had two careers, one as rebel leader, one as an updated emperor. He had gained the power of the latter but evidently retained the self-image of the former. Because authority in China came form the top down, as was recognized even in the mass line, once the CCP had taken power its leader became sacrosanct, above all the rest of mankind, not only the object of a cult of veneration but also the acknowledge superior of everyone in the organization. Such of the CCP had been put together by Mao that it could be regarded as his creation, and if he wanted to reform it, that was his privilege. Only if we regard him as a monarch in succession to scores of emperors can we imagine why the leadership of the CPP, trained to be loyal, went along with his piecemeal assault on and destruction of them. Mao also seems to have had in mind the idea that student youth could be mobilized to attack the evils in the establishment and purge China revisionism. It would be a form to manipulate mass movement, which his experience told him, was the engine of social change. (387) The Cultural Revolution, like the Hundred Flowers Campaign and the Great Leap Forward, turned out to be something he had not envisioned. Allowing for many variations, the purge rate among party officials was somewhere around 60 percent. It has been estimated that 400,000 people died as a result of maltreatment...
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...Invalid Tears “The Trail Where they Cried,” was the suitable name given to the devastating ten year journey, in which a certain people were forced to endure, at the expense of a separate people’s greed. This was greed that knew no limits, and would stop at nothing to prosper, even if it meant the annihilation of a complete race of people. This was the experience of the Native American tribe, the Cherokee. In the 1830s, the Indian Removal Act was passed, giving President Andrew Jackson the freedom to force the Cherokee to be exiled beyond the state of Mississippi. During that time the Cherokee nation was violently forced from their homes and made to leave behind the only life they had ever known. Stricken by harsh weather, sickness, and surrounded by death and sadness, the Cherokee people made the long march from Georgia to Oklahoma. The Cherokee Indians should not have been forced to leave their land, given the consideration that it was in complete violation of their political, constitutional, and natural rights. A significant way the Cherokee people were violated was politically. In the “Memorial of The Cherokee Nation,” the Cherokees wrote, “We wish to remain on the land of our fathers. We have a perfect and original right to remain without interruption or molestation. The treaties with us, and laws of the United States made in pursuance of treaties, guarantee our residence and our privileges, and secure us against intruders. Our only request is, that these treaties may...
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...Understand the circumstances that led to the Louisiana Purchase The circumstances that led to the Louisiana Purchase were the transcontinental railroad that would connect Atlantic to the Pacific that allowed settlers a faster and safer way to California and the West. It led to the now famous Lois and Clark Expedition to the Pacific Ocean. We championed westward expansion and exploration which doubled the size of the landscape. He fanned fundamental disagreement about the spread of slavery to the western territories. Jefferson learned that Spain had transferred title to the entire region to France. Congressmen urged Jefferson to prepare for war against France. When he heard that Napoleon had become impatient for his money, Jefferson rushed the treaty to a Senate eager to ratify it. Know the function of cities in Jeffersonian America The function of cities in Jeffersonian America became important commercial ports. They became deports for international trade. Only about 7 percent of the nation’s population lived in urban centers. Most of these people owed their livelihoods either directly or indirectly to the carrying trade (major port cities of the early republic—New York, Philadelphia, and Baltimore). Understand Jefferson’s views on economy and federal debt A top priority of the new government was cutting the national debt. Jefferson also wanted to diminish the activities of the federal government. He urged Congress to repeal all direct taxes, including the tax...
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...History Long #1 Andrew Jackson: American Ceasar? Andrew Jackson left a permanent imprint upon American politics and the presidency. Within eight years, he combined the form-less coalition of personal followers who had elected him into the country's most durable and successful political party, whose organization and discipline would serve as a model for all others. At the same time, his controversial conduct in office shocked opponents to organize the Whig party. Jackson's drive for party organization was spurred by his own difficulties with Congress. Unlike other famously strong Presidents, Jackson defined himself not by enacting a legislative program but by creating one. In eight years, Congress passed only one major law, the Indian Removal Act of 1830, at his command. During this time Jackson vetoed twelve bills, one of these was the first "pocket veto" in American history. The Maysville Road and Bank vetoes stood as enduring statements of his political philosophy. Jackson strengthened himself against Congress by direct links with the voters. His official messages, though delivered to Congress, spoke in plain and powerful language to the people. Reversing to legislative supremacy, Jackson boldly proclaimed himself as the people's leader, their sole defender against special interests and their preferences in Congress. In other ways, too, Jackson expanded the scope of presidential authority. I think Jackson may have given himself too much credit. He forced out members who...
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...throughout history believe that Jackson’s actions under Indian policy were some of the only beneficial decisions he ever made. His decisions seemed to follow the tradition of Indian tribes gradually moving westward as more settlers entered America. Others believe Jackson had no right to destroy the lives of so many people and acted irresponsibly. His view on Indian policy violated not only political and constitutional aspects, but also moral, and practical as well. Andrew Jackson’s decision to send the American Indians on the trail of tears, removed any type of moral standards that were in place at the time. Although some people of the time argued that they were incapable of change, Christian missionaries who worked closely with the Indians begged to differ. They saw the slow assimilation that was beginning to happen and opposed anything that would halt their efforts. Those who did not work closely with them, including Jackson, did not see any progress, and just assumed that none was being made. Another aspect of the moral failing of Jackson's decision pertains to the amount of lives lost on the journey. Those who were members of Cherokee tribes were...
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...determined that withstanding from the law that Georgia passed was pointless to them. “It would be better, they believed, to exchange and go west rather than risk bloodshed and possible loss of everything.” (Brown, 284) This is what caused the “serious split” between the Cherokees. They wanted to prevent the government from taking away their lands and not let them move out West. John Ross went back to Washington to begin a protest Ridge and Boudinot who also came along to try to find out why the Cherokees where being moved out west. On December 22, 1835, things became heated as the Cherokees lands were now being up for grabs. According to the article, “Handbills were printed in Cherokee and distributed throughout the nation, informing the Indians that those who did not attend would be counted as assenting to any treaty that might be made.” (Brown, 284) This was very alarming to everyone especially the Cherokees because it was a must that they attended the meeting. Therefore, if some of the Cherokees did not show up then they wouldn’t have a voice which mean that they the council would make the choices for...
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...The Cherokee Indians were one of the largest Native American Tribes in the United States. They were considered one of the most civilized tribes in the United States. The tribe was located in the southeastern part of the of the U.S. They were also found in parts of North and South Carolina, northern Georgia and Alabama, southwest Virginia, and the Cumberland Basin of Tennessee and Kentucky.(tolatsga.org) The tribe had descended from the Iroquoians, but the Cherokees differed significantly from other Iroquoian languages. The seven major clans were Long Hair, Blue, Wolf, Wild Potato, Deer, Bird, and Paint. The Long Hair clas was known as a peaceful clan and ofen took in prisoners of war and orphans. The Blue clan was considered the oldest clan...
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...world come to America for a better life or better opportunities. What ever the reason migrants left their homeland for whether it was due to famine, lack of economic success, or escaping a debt, most migrants left because they had chosen this path for a better life. Unfortunately for one group of peoples, this choice was not left for them to decided and they had to suffer the loss of their sacred homeland which they had lived on for ages before any European had set foot in the Americas. These people were the Native American nations of the southeastern part of the the U.S., and the name of this migration was given the name the Trail of Tears. The migration of the Trail of Tears started i when President Andrew Jackson signed the Indian Removal Act in 1930, which was setup up to rid the new American land of all natives and free it for all the new English settlers. This gradual process of removing these 46,000 natives tribes took place over a seven year span, between 1930-1937. This inter-regional migration of the the Native American tribes included the Cherokee, Chickasaw, Choctaw, and the Seminole peoples. They were all from the southeastern areas of the newly colonized United States. Though the natives were not removed immediately when the English settlers arrived to America, because most of them did feel the natives did have a right to their land. For example, when the Europeans arrived in the early 1540’s the Cherokee peoples still lived in the Appalachian mountain area....
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...Indian Removal Act of 1830 Essay By: Hayden Yackeren Although many people thought the Native Americans were the Americans allies, they weren’t always. They took the side of our enemies during wars that changed history. One war in particular, 620,000 lives were brutally taken from their friends and family, and the Cherokee were a big part of that. Later, we took over their land and told them to stay and abide by our laws, or move to a reservation. Most Indians went to the reservation, which was bigger than where they previously resided, but the Cherokee were a stubborn tribe who didn’t want to do either. The movement to get the Indians out was called the Indian Removal act of 1830. The Indian Removal Act of 1830 was justified because the Indians got to keep a majority of their...
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...Compared to the early 1800's standards, President Andrew Jackson did not demonstrate democracy on numerous occasions. He violated the Constitution by overriding the Supreme Court's decision to let Indians remain untouched in their land, and kicked the Indian tribes out of Georgia and sent them on the notorious Trail of Tears (Doc 8). Jackson again failed to practice democracy when he assigned his supporters as the nation's leaders, even though some of them were thieves and hurt the people. He was being nondemocratic and was not thinking of everyone beyond the common white man. Although some would argue that Andrew Jackson was democratic when he paid special attention to the poor, he failed to make both the powerful and the common people...
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...edge of the Appalachian Mountains, the geological definition of the Blue Ridge province spreads westward to the Ridge and Valley area; The Blue Ridge encompasses also far north as Pennsylvania. The blue Ridge is also contained with the greater Smoky Mountains. They did have access to many unique foods that would go onto to change the basis of their cooking which in turn changes their culture. Food is a main aspect of culture that you cannot unentwined from each other. Any pre-contact culture that the Cherokee would have had would have been solely based on their access to different types of foods, and how that access lead to the establishment of culture through the easy access to said foods. This culture was put to the test when the Indian Removal act was passed after gold...
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