#contract act

[lloydlawcollege]

An Overview of Contract Law, India

Explore the fundamentals of Contract Law as defined by the Indian Contract Act, 1872. This blog offers a comprehensive overview of the Act, detailing its key provisions and principles that govern legal agreements in India. Learn about the essentials of forming, enforcing, and interpreting contracts, including essential elements like offer, acceptance, consideration, and legality. Whether you're a student, professional, or someone interested in legal frameworks, this guide will help you understand how contracts are managed and regulated in India.

[prolawctor]

Quasi Contract & Its Types:- The Indian Contract Act Notes

Quasi Contract & Its Types:- The Indian Contract Act Notes

QUASI CONTRACT[Contracts implied in law or implied contract] Quasi contract means a contract which lacks one or more of the essentials of a contract. Quasi contract are declared by law as valid contracts on the basis of principles of equity i.e. no person shall be allowed to enrich himself at the expense of another the legal obligations of parties remains same. Nature of Quasi contracts Under…

[lawforeverything]

Indian Contract Act 1872

The Indian Contract Act of 1872 is a statute established by the Parliament of India that governs formation and enforcement of contracts in India. It applies to all of India except the state of Jammu and Kashmir. The Act defines the essential elements of a contract, rules regarding the validity of contracts and the effects of non-compliance.

Formation of Contracts

The Act codifies the way in which contracts may be entered into, executed, implemented, and terminated. For any agreement between parties to qualify as a valid contract, the following elements must be present: offer and acceptance, consideration, competency of parties, free consent, legality of object, and possibility of performance. If any of these elements are missing, the contract is voidable.

Essentials of a Valid Contract

The terms of the contract must be certain, unambiguous and not vague. The parties must be competent, meaning they are of the age of majority and of sound mind. Consent must be freely given, rather than due to coercion, undue influence, fraud, misrepresentation or mistake. The object of the contract must be legal, not opposed to public policy and not immoral or fraudulent. The consideration, or exchange of value, ensures that each party gains or loses something.

Remedies for Breach of Contract

In the event that a party fails to perform his obligations under the contract, the aggrieved party is entitled to remedies such as rescission of the contract, damages, specific performance and injunction. Damages may be claimed as compensation for any loss or damage arising from the breach of contract. Specific performance refers to the right to compel performance of the contract as agreed. An injunction may be sought to prevent further breach.

In conclusion, the Indian Contract Act codifies the way in which legally binding contracts are made and enforced in India. By following the rules set out in the Act regarding formation, validity and performance of contracts, parties can enter into agreements with confidence.

Key Features and Scope of the Act

Formation of Contracts

The Indian Contract Act governs the process by which contracts are made and executed in India. It specifies the necessary ingredients for a valid contract, including offer, acceptance, consideration, competency of parties, free consent, legality of object, and certainty of meaning. The Act also lays down the provisions relating to contractual capacity of parties and contractual obligations.

Enforceability of Contracts

The Act ensures that only those agreements which are enforceable at law are contracts. It determines the circumstances under which promises become enforceable by law. The Act also provides for certain types of void agreements which cannot be enforced in a court of law.

Performance of Contracts

The Act lays down provisions relating to the performance of contracts. It specifies the rules regarding the order of performance of reciprocal promises, the effect of refusal to accept offer of performance, and the effect of neglect of promisee to afford reasonable facilities for performance. The provisions relating to appropriation of payments, delegation of performance, and joint and several liability of promisors are also contained in the Act.

Contingent and Quasi Contracts

The Act deals with certain relations resembling those created by contracts. Obligations which were not the result of an agreement, such as those arising out of voluntary services rendered, payment by interested person, and unjust enrichment are enforceable under the Act. The provisions relating to the liability of finder of goods and the rights and liabilities of persons jointly interested in goods are also covered under the Act.

Remedies for Breach of Contract

The Act provides remedies for breach of contract. It contains provisions relating to damages, specific performance, injunction, rectification and rescission of contracts. The rules regarding mitigation of losses, foreseeability of damage, remoteness of damage, and exclusion of consequential loss are also laid down in the Act. The provisions relating to quasi-contracts and contingent contracts also determine the rights and liabilities of the parties in cases of unjust enrichment or payment for non-existent debts.

In summary, the Indian Contract Act is a comprehensive legislation that governs the contractual relationships in India. It determines the circumstances in which promises become legally binding, the rules relating to performance of contracts, the consequences of breach of contract, and the remedies available to the aggrieved party.

Essential Elements of a Valid Contract

For a legally enforceable contract to exist under Indian Contract Law, certain elements must be present. Both parties must intend to create a legally binding agreement.

Offer and Acceptance

There must be an offer by one party and acceptance of the precise terms of that offer by the other party. An offer is a promise to enter into a contract, provided the terms of the offer are accepted. Acceptance is a statement by the offeree that they agree to the terms of the offer. Once acceptance occurs, a contract is formed.

Consideration

Each party must provide consideration, which is something of value, in exchange for the promise or performance of the other party. Consideration may consist of money, goods, services, or a promise to provide something of value in the future. Without consideration, a contract will not be legally enforceable.

Capacity

The parties entering into the contract must have the legal capacity to do so. Minors, those with mental disabilities, and intoxicated persons may lack capacity. If a party lacks capacity, the contract can potentially be voided.

Legality

The purpose and subject matter of the contract must be legal. A contract for an illegal purpose, such as to commit a crime, will not be enforceable under Indian Contract Law.

Certainty

The contract terms must be sufficiently certain and unambiguous so that the parties understand their obligations. If major terms are uncertain or ambiguous, the contract may be void for uncertainty. The parties should clearly specify details like price, quality, and deadlines to promote certainty.

By understanding these essential elements, you can determine whether you have grounds to pursue legal remedies under a contract or whether a contract may not be legally enforceable. Ensuring these elements are present will also help in drafting clear, enforceable contracts.

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[a2zillustration]

Surrogate parent of the year Croissant

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[yusuke-of-valla]

So, Video Game Voice Actors Are On Strike: A Quick and Dirty Guide for Tumblr Users

Starting on July 26th, SAG-AFTRA members that are part of the Interactive Media Agreement (so mostly voice actors for video games) will be on strike. If you're a member of SAG-AFTRA with questions, I would speak to them.

Most of this information is coming from the SAG-AFTRA website, feel free to correct me if I'm wrong about anything or ask if you need anything.

If you are a random tumblr user who wants to know what's going on, here we go.

Why are video game voice actors striking?

AI, as one could expect. From the union's statement:

Although agreements have been reached on many issues important to SAG-AFTRA members, the employers refuse to plainly affirm, in clear and enforceable language, that they will protect all performers covered by this contract in their A.I. language.

Which Games Are Being Struck?

Games from: Activision Productions Inc., Blindlight LLC, Disney Character Voices Inc., Electronic Arts Productions Inc., Formosa Interactive LLC, Insomniac Games Inc., Llama Productions LLC, Take 2 Productions Inc., VoiceWorks Productions Inc., and WB Games Inc. are all being struck.

There is also a website to confirm which union projects are being struck but you'd need to be a member actively working on it to use it.

Ok so I'm not a voice actor, union or otherwise, I just like games. What should I do.

I can NOT stress this enough. Do NOT stop playing games. The union has not asked for this, and is instead asking for people to amplify our messages online using #LevelUpTheContract, #VideoGameStrike and #SagAftraStrong."

You can also sign this petition in support of voice actors getting a fair deal.

I'm not a union representative but if a game you're looking forward to is being covered by the struck companies, I'd blow up your social media and their mentions with how much you love the voice acting and the actors deserve a fair contract, but other than that you are not being asked to boycott any games or not cosplay or attend events.

A Streamer is playing a struck game! Is that crossing the picket line?

No, SAG-AFTRA explicitly says that is fine, and in fact encourages it.

An actor is promoting/promoted a struck work at SDCC, is that crossing the picket line?

No, the statement explicitly says those attending SDCC can still do work there because of the short notice, they are also fine.

Wait didn't SAG-AFTRA already do some weird bullshit regarding video game voice actors and AI?

Yes, at the Consumer Electronics Show in January, SAG-AFTRA signed a deal with Replica AI to allow their members to create digital replicas, it was a whole thing and many voice actors were pissed.

So they're hypocrites?

Ok it's more complicated than that. Their logic for the Replica AI thing is rather than allow companies to do whatever they want, it was better to have a system in place to be able to clearly say when a company was breaking the rules and ensure that talent got some compensation.

We can debate the efficacy of that strategy all day and voice actors at the time were not happy, BUT the companies being struck here refuse to even rise to THAT standard and will not agree to the most basic protections for actors, which is worse.

People and organizations contain multitudes and it is not a betrayal or hypocritical to disagree with SAG-AFTRA leadership on the Replica AI situation and side with them, and more importantly their members in this case.

Why aren't game devs striking/ It's not devs on strike so I don't care

The Screen Actors Guild covers actors, so it would not be in everyone's best interest if they were to try and negotiate on behalf of people in different fields with different needs.

However, one way to build support for the various movements to unionize at places like Activision-Blizzard and Bethesda is to support labor movements everywhere and show solidarity whenever it comes up.

Why are the actors striking when the developers should be paid more.

They should be paid more! And they should not be laid off as much. One way to help with that is to be able to point to voice actors and say, hey they got a raise, I want one too.

[kyomon0]

Fantasy AU:

Most wanted, dead or alive, Sorcerer!Obito. (Evil or not so, up to you.) Fun, awesome, amazing.

Except nobody can find the fucking guy. Very few ever get a glimse of him, and frankly, witnesses usually die soon after.

So where is he?

On Kakashi's shoulders. Because he's a cat. He is that grumpy little motherfucker that swipes and hisses at anyone rude to Kakashi. Everyone who's heard of Kakashi has heard of his angry little familiar. Most notably the list of ankle biting victims.

Is Kakashi aware that it's Obito? Mr criminal guy? Probably. Is Obito aware of that? No, probably not.

bonus: when Obito's away doing whatever the fuck, Kakashi likes to talk about him in the same way people talk about their pets with human names. Like a human roommate. But everyone's already aware that Obito (Tobi) is a cat. When people question Kakashi about it, he just looks at them like they're the weird one.

[hellinhawkins]

other than being poor writing and make no sense byler not being endgame would be crazy because I cannot imagine them sitting in the writer’s room creating Will’s character and deciding that he’d repeatedly suffer only to sacrifice pieces of himself to keep his best friend’s unhappy relationship going and end up with nothing in the end from mike. a “we should stay friends” and that’s it. so basically telling the audience that the most simplistic relationship is the better one (which contradicts everything they’ve been showing us since episode one, by the way)

[fatedroses]

dont know what possessed me to draw an au where lucius lives, mostly by making a deal with golbez (as a deal of basically sustaining him through the illness he gets and helping him deal with the damage after in exchange for helping him look for a way to help the 13th from the sources side), but here we are.

[cherriegyuu]

this whole newjeans things is just so weird… why do they keep taking a bullet for min hee jin? why is a grow ass woman hiding behind teenagers?

[shortcakelils]

Lily and Cup as Stolitz makes so much sense and idk why 😭

teehee

[nerdy-hyperfixations]

To me, the biggest difference between comic Wallace and Anime Wallace is that Comic Wallace is like a normal guy who (imo) is very obviously still just a 25 year old making stupid decisions and working in shitty jobs and barely getting by, and he just looks more competent when standing next to massive boy-failure Scott (and because hes sassy and carefree). and Anime Wallace is beloved by the universe, so he just gets an acting job for being Wallace, with 5 stunt doubles (that he bargained for with a lawyer Comic Wallace probably could never afford. Seriously, where did he get that money??? Did he seduce a lawyer???????) and a millionaire husband, and lives in a millionaire mansion where he drinks all day and never has to work again. And like good for him, I guess? Slay.

[ink-asunder]

"You're being entitled!" These bitches are asking us to fund their Hollywood-quality content dreams like Walt Disney pleading a bank he was in debt to to give him another loan to finish Bambi, a movie that did not see any monetary success until it rereleased seven years later. I have to pay so much big money in medical expenses every month that I don't have any "treats" (a starbucks coffee, a different subscription, etc) I can go without. I'm not the entitled one here.

[rickybaby]

Daniel on Ted’s Notebook | Testing Day 3 | pt.2

“[Lando] is normally pretty honest. So if he’s feeling a little down, maybe they expected to be a little quicker […] but for now, we’re hopefully a Q3 or top 10 car but to be much more than that, I think that’s probably getting too excited 😁😁😁”

[a2zillustration]

Good for you, Wyll (:

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[lightbulb-warning]

so has anyone figured out WHY there is the Need To Share our Artworks™ or is it just the vibes and our Soul apparently

[soath]

Of Contracts Between Gods and Men

On the Aeorian Kinsey-Deicide scale I’m a solid 5 (near exclusively god-preserving) which may seem surprising to my many dear associates who want those fundamental truths of existence wrecked. Without digging in any further, let’s do some quick religious history review on the question: Do you owe anything to the gods and do they owe anything to you?

The answer is not as universal as many raised in the nigh inescapable miasma of Christian theology may think! Reciprocal (or even unilateral) responsibility in religion comes and goes across history and geography. The Norse Aesir, for example, created humans but don’t owe them nada and only rarely bothered messing with them. The Greek pantheon are significantly more touchy on the subject of their pride but a person could manage offering no prayers or sacrifices as long as they didn’t promise any prayers or sacrifices. Probably. Compare this to Mayan theology, wherein both gods and humans have significant co-responsibility in maintaining balance; with ritual and sacrifice key to the continued safety of the polity. Divine-mortal relationships can be classified as nondirectional, unidirectional, or bidirectional with various advantages and disadvantages to each model. Gods come in lots of shapes and the demands they make aren’t universal!

A phrase that will often come up in any divinity studies is “covenant”. Originally a translation of the Hebrew berith or Greek diatheke, and also present in Islam, the Bahai’i faith, and possibly historical Phoenician religious practices, covenant theology has metastasized in Christian scholarship to the point it was genuinely hard to research this piece while dodging blogs by guys named Richard. But, broadly, it’s the idea of making an explicit deal with power(s) greater than yourself where you both have sides of the bargain to uphold.

Contract law is not the solution to every problem on earth or in fiction, but when the issue is a large disparity in power and mutual fears of future adverse behavior…. to quote Kate Bush “I’d make a deal with (the) god(s).”

Vitally, compared to other bidirectional pacts in world religion, Exandria has some advantages. For one thing, they have a godeater they’re right now helping to suppress. As long as the gods remain behind the divine gate they need mortal champions to effect their will—but that only holds true as long as the Divine Gate stays up. And unfortunately the problem with a fence someone else has erected is that you don’t know if they’ve kept a key.

If I was mortality’s lawyer? I’d ask for a second layer to that divine hamsterball I’d ask for anything left of the godkilling spark to be kept by the temples of Vasselheim—if they can’t be trusted with it no one can. And I’d promise cooperation from people of a certain degree of civic responsibility, not coerced or threatened out, whole hearted. But terms and conditions may vary.

Anyway, I guess the thesis is that it’s a terrible sin to destroy something you can’t comprehend with no idea of what the outcome will be (and a lot of you don’t seem to get the inconceivable joy of having/knowing/being a god, even just in fiction) but you can bring any monstrosity to the negotiating table. Don’t kill your gods, unionize against them.