top of page

SEARCH RESULTS

14 results found with an empty search

  • Defamation \\ Meaning of defamation \\ Definition of defamation \\ Concept of defamation.

    #highlawgroup DEFAMATION Meaning of Defamation:- · Defamation can be defined as an injury to the reputation of a person without law. · According to Salmond: - Defamation is the publication of a false and defamatory statement regarding another person any justification. · In case Dixon Vs Holden court held that man’s reputation is to be as property and is some cases more important than property. · Defamation is both civil and criminal wrong. The criminal liability is given under section 499 and 500 of Indian penal code. The civil liability is not codefined and it is government under the law of torts as applied in India. (1) Libel defamation :- It is a publication of defamatory in some permanent form ,for example, writing printing picture etc. (2) Slander:- it is a publication of defamation statement in some transient form , for example, word spoken or gesture.

  • Type of Contract. // On the basis of the validity/enforceability.

    (A) On the basis of validity :- (1) Valid Contract :- Contract is formed by two or more parties. Contract is a valid contract when it satisfies all condition required for enforceability by law. Section2(h) of Indian contract act 1872 given that an agreement enforceable by law is a contract and an agreement become a valid contract when all the essential elements of a contract as laid down in section (10) of Indian contract act 1872 are fulfilled:- (a) Mede by the free consent of parties (b) Competent to contract (c) For a lawful Consideration (d) A lawful object Example………………… (2) Void Contract :- A contract without any legal effect is said to be a void contract. Void contract is given under section 2(j) of I.C.A, it given that a contract which cases to be enforceable by law become void when it cases to be enforceable. An agreement not enforceable by law is said to be void agreement and void agreement is given under section 2(g) of I.C.A. If agreement is void than contract is void contract. Ex :- Contract with a minor Case:- Mhari Bibi Vs. Dharmadas Ghose(1903) In this case, laid down that a Contract entered into with a minor is void ab-into, because not enforceable. (3) Voidable Contract:- Voidable contract is define under section 2(i) of India Contract 1872 : “An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract. Example:- A Contract entered into out of coercion undue 🔞 , influence, fraud, mis prestation, mistake etc. is said to voidable. Example:- A person ‘A’ agrees to pay a sum of Rs. 10,0000 to a person B for an antique chair. This contract would be valid, the only problem is that person B is a minor and can’t legally enter a contract. (4) Illegal Contract :- A contract is illegal if it involves doing something that is a criminal act or civil wrong or again the public well-fair. Money paid under illegal contract can not be recovered. Example :- If a fireman dealer enters into a contract to sell a gun to a person licensed to hold on knowledge that he is will use it to kill someone, that contract will become illegal. (5) Unenforceable Contract :- An enforceable is a contract , which is in all respect , but can not be enforceable in court of law because of some technical defects and faults such as absence of writing , registration requisite stamp etc. For example:- A agrees to sell to B 100kgs of rice for 10,000/-. But there was a huge flood in the states and all the rice crops were destroyed. Now, this contract is unenforceable and can not be enforced against either party.

Subscribe to High Law Group 

High Law Group ,  ​Click here to edit me.

Thanks for submitting!

  • Whatsapp
  • Instagram
  • Facebook
  • YouTube
  • LinkedIn

© 2023 make by High Law Group

bottom of page