LEXIS AND COMPANY

  Elements Of The Law Of Commercial Transactions In the 20th century, domestic as well as  international commerce  experienced an expansion far beyond any earlier dimensions. With the multiplication of commercial transactions, the demand for  legal  certainty increased, especially for transactions across national boundaries. Contractual relations The first response to the multitude of practically identical transactions was the standardization of contracts. Printed standard contracts or forms laid down those provisions that are essential in the eyes of the drafting party. It depended upon the relative economic strength of the other party whether departures from the printed form could be negotiated. Trade associations as well as individual enterprises developed and elaborated forms and standard contracts for their members. The same technique of standardization was adopted for international transactions. The forms and standard contracts of certain well-known trade associations, especially

  There are 3 different types of constitutions, the unitary form, the federal form, and the confederation. The example of a unitary form of constitution is U.K.. There is a single government and the states are not vested with powers . This is a centralized form of constitution and talks about concentration of powers at the higher level In a federal form, the powers are divided btw the Centre and the state and they work complementary to each other. This form works on the principle of decentralization and there are usually 2 or more levels of government. Example the USA. Confederation is an alliance or a group formed for some common place successful for some period of time but sometimes they work against the charter ex, European union. Features of a federal constitution: Two levels of government-  there should be 2 levels of govt i.e., govt for whole nation and the regional level. In India we have 2 levels of the government . In India the state government cannot be done away with except

  Introduction: Trespass to land is including unlawful interference with the possession of personal property. The interference is direct or indirect by the some tangible object. It can be committed either by a person himself entering the land of another person or doing the same through some material object like if you throwing the stone to another person’s land is consider as a trespass to the land, driving nails into the wall, placing ladder against the wall or debris upon the roof is all consider the trespass to the land. Elements to prove Trespass:  Lack of Consent: To prove trespass the essential element is to prove the interference in the land is without the consent of the land owner.  Harm which is caused: To prove trespass we need to prove first that what harm is caused by the person with the plaintiff’s possession of land. Intentionally: The interference of the possession of land must be intentional, without any wrongful intention there is no trespass to the land.  In the case

  What are General Defences in Torts? When a plaintiff brings an action against the defendant for a particular tort or violation of legal right, resulting in legal damages, and successfully proves the essentials of a tort, the defendant is held liable. However few exceptions are there in which the defendant can plead some defences which can help him in absolving from liabilities. Private Defence Among the general defences in tort, private defence is the most common. When a defendant tries to protect his body or property or any other person’s property, harms another person by using reasonable force, under an imminent-danger and where there is no time to report instantly to the authority, it is Private Defence. The harm done should be proportional according to the nature of the circumstances. Essential s Imminent Danger There should be an immediate threat over the life or property of the defendant or another person’s property in which there is no time to report to the nearest authority.

  Introduction: Vicarious Liability deal with the cases where one person is liable for another act, generally in any law a person is liable for its owns act and not for others act but in certain cases liability is arises for another person for act done by own. Example of some situation in which liability is arises, like a master is liable for his act of servant act done in the course of the employment, liability arises partner in each others in tort, liability arises in the principle for the tort of his agent. When an agent commit a tort in his court of employment as an agent of his master the master is liable for his act, when the wrongful act is done by one partner in the ordinary course of the business of the firm.  1 st - Principle and Agent In the principle agent one person authorized to another person committed tort, in this case the liability is arises for not only the person who commit the crime but also on the person who authorized her. The authority to do the act can be expre

  INTRODUCTION The  Indian  Contract Act lays out all the provisions for the performance of a contract. It also contains the  Provisions  in case of breach of contract by either  Party . Let us take a detailed look at the available remedies for breach of contract. Remedies for Breach of Contract When a promise or agreement is broken by any of the parties we call it a breach of contract. So when either of the parties does not keep their end of the agreement or does not fulfil their obligation as per the terms of the contract, it is a breach of contract. There are a few remedies for breach of contract available to the wronged party. 1] Recession of Contract When one of the parties to a contract does not fulfil his obligations, then the other party can rescind the contract and refuse the performance of his obligations. As per section 65 of the Indian Contract Act, the party that rescinds the contract must restore any benefits he got under the said agreement. And section 75 states that the

  According to the study, socioeconomic crimes are social offences that have an impact on the health, morals, social, or overall well-being of the community as a whole, rather than just the individual victim. Economic offences are those that are harmful to society’s economy and endanger not only individual money but the entire economic structure of a country.     Features of socio-economic offences Motive: Unlike traditional crimes, the act of committing the crime is motivated by extreme greed or a desire for riches. Emotion: Whereas typical crimes are committed for emotional reasons, these sorts of offences have no emotional basis or relationship between the victim and the perpetrator. Target victim: In most cases, the victim is the state or a group of individuals, most notably those who are consumers of particular goods or services, shareholders or holders of other assets, and so on. Mode of operation: The primary motivator for committing such a crime is deception, not coercion. Ment

  Forgery is defined under Section 463 of Indian Penal Code, Whosoever makes any fake document or incorrect electronic record or part of a document with an intention to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to share with property, or to enter into any express or implied contract, or with purpose to commit fraud or that fraud may be accomplished, commits forgery. Forgery hence can be described as a means to achieve an end- the end is an instance of action or scheme fabricated to mislead someone into believing a lie or inaccuracy .  Concept of false Document  According to Section 463 of IPC, A person is declared to make a false document when; Firstly-  who dishonestly or fraudulently makes sign, seal or performs a document or part of a document makes any mark indicating the execution of a document, with the intention of causing it to be believed that such document or part of a document was made signed sealed or ex