While in a contract, the presence of agreement between the parties is a must. But the presence of an agreement is not necessary in the case of quasi-contract. A quasi-contract is legally imposed with an aim of preventing unjust enrichment. Due to this reason we call it a contract implied by law. We usually enter into contracts daily. Think of a situation when you go to a restaurant and order hot coffee, you enter into a contract. Likewise, when you order something online, then also you enter … [Read more...]

A civil lawsuit begins when a person or an enterprise fails to perform any obligation owed to another person. The aggrieved party gets monetary compensation as damages for the loss suffered by him. The loss can be physical, mental or monetary. And the liability that arises in the case of a civil lawsuit is nothing but a civil liability. But, in the case of a criminal lawsuit, it is not the victim who initiates the case rather the government prosecutes on behalf of the victim. And when the … [Read more...]

It is quite impossible for a person to perform all the business transactions, on his own. He/She needs someone for help, because of lack of time and business complexity. In such cases, people hire another person to perform work for them on their behalf. Such persons are Agents. The contractual agreement between principal and agent is the contract of the agency. The word 'agent' is often confused with 'servant'. A servant is one who serves others. The tasks performed by servants include - … [Read more...]

In general, one party pays the amount of compensation for the loss incurred to the other party when there is a failure in the performance of the contract. So, sometimes, parties mutually decide the amount to be payable as compensation. If the amount so specified indicates a fair and genuine pre-estimate of the damages, that may take place because of the breach, it is liquidated damages. However, if the amount is not proportionate to the damages. Then, the court treats it as a penalty. Basic … [Read more...]

A motion becomes a resolution when the required majority of members accept it. Practically, one member proposes a motion, and another member supports it. The following methods demonstrate the adoption of motion: Show of hands Voting through electronic means Demanding a poll or postal ballot. Ministers and Private Members are eligible to move the motion.  If a Minister proposes a motion, then it is given precedence over the motion moved by Private Members. The motion refers to … [Read more...]

Novation is a situation in which a fresh contract is substituted for an old contract, between the same or different parties, whereas alteration is when there is a change in the terms and conditions of the contract. What is Discharge of Contract? To put simply, discharge means cancel, hence discharge of a contract means its cancellation. When there is the cessation of contractual relation amidst the parties, i.e. promisor and promisee, it is called the discharge of contract. This means that the … [Read more...]

Arbitration is a dispute settlement mechanism in which the dispute is referred to an independent third party by the parties willingly and the third party is empowered to make a decision regarding the conflict situation, which is binding on both parties. Contrarily, when it is the government which decides to refer the dispute to the court of inquiry as a form of final remedy for out-of-court settlement for the dispute, it is called Adjudication. Arbitration and Adjudication, both are … [Read more...]

In many cases, parties under dispute look for an out-of-court settlement, by using Alternative Dispute Resolution (ADR) methods which are not just quick, but affordable too. One such method is mediation. It is an assisted negotiation in which a mediator is appointed by the parties concerned so as to listen to both the parties and assist them in finding a better solution. Now you must be wondering, what is negotiation? Negotiation is a process in which parties with conflicting interest come … [Read more...]

In our day-to-day conversation with people, we use the word 'jail' in place of 'prison' quite commonly. Prison implies a detention center, which holds convicts for a long term for the purpose of punishing them, for the crime committed by them. As against, jail is a place where people who are charged or accused of a crime are held by the Police while awaiting trial. What is Imprisonment? Imprisonment is a system made by the authorities of the countries to deal with the wrongdoers, wherein the … [Read more...]

Evidence plays a crucial role in determining the facts and circumstances of the case. Without it, one cannot prove the offence committed by the accused, which makes the judgment impossible. To find out the facts of the case, we have two types of evidence, i.e. direct evidence and circumstantial evidence. Direct evidence refers to the evidence which when held as true by the Court, outrightly proves the fact. On the contrary, Circumstantial Evidence, as the name suggests, is the evidence, based … [Read more...]