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Remedies for Breach of Contract

  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

SOCIO-ECONOMIC OFFENCES

  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

  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

Privacy

  In Constitutional law, the right of people to make personal decisions regarding intimate matters, under the common law the right of people to lead their lives in a manner that is reasonably secluded from public scrutiny, whether such scrutiny, comes from a neighbour’s prying eyes, an investigator's eavesdropping ears, or a news photographer's intrusive camera, and in statutory law, the right of people to be free from unwanted drug testing and electronic surveillance.  There are various aspects of privacy:- Right to be let alone In 1890 the United States jurists Samuel D. Warren and Louis Brandeis wrote "The Right to Privacy", an article in which they argued for the "right to be let alone", using that phrase as a definition of privacy. There is extensive commentary over the meaning of being "let alone", and among other ways, it has been interpreted to mean the right of a person to choose seclusion from the attention of others if they wish to do so

RYLANDS V. FLETCHER

  In Ryland v. Fletcher the rule lay down was Rules of strict Liability. As the word suggest it is a strict liability, even if the defendant was not negligent or the intention of the defendant is not to cause harm and took the entire necessary step and careful he would be still made liable under the rule of strict liability.  In this case the defendant got a reservoir constructed through independent contractor, over his land for providing water to his mill. There were old disused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the reservoir, it burst through the shafts and flooded the plaintiff’s coal mines on the adjoining land. The defendant did not know of the shafts and had not been negligent although the independent contractor had been. Even though the defendant had not been negligent,. He was held liable.  Justice Blackburn stated that the  rule of law is, that the person who for his own purpo

Artificial intelligence (AI)

  Artificial intelligence (AI ) makes it possible for machines to learn from experience, adjust to new inputs and perform human-like tasks. Most AI examples that you hear about today – from chess-playing computers to self-driving cars – rely heavily on deep learning and  natural language processing . Using these technologies, computers can be trained to accomplish specific tasks by processing large amounts of data and recognizing patterns in the data. The term artificial intelligence was coined in 1956, but AI has become more popular today thanks to increased data volumes, advanced algorithms, and improvements in computing power and storage. Early AI research in the 1950s explored topics like problem solving and symbolic methods. In the 1960s, the US Department of Defense took interest in this type of work and began training computers to mimic basic human reasoning. For example, the Defense Advanced Research Projects Agency (DARPA) completed street mapping projects in the 1970s. And DA

Damnum Sine Injuria & Injuria Sine Damnum

  Introduction The law of torts is a collection of all the circumstances in which court gives a remedy by way of damages, for legally unjustified harm or injury done by one to another person. There are three elements which need to be proved before constituting a tort:- There must be an act or omission on the part of the defendant. That act or omission should be in violation of a legal right vested in the plaintiff. The wrongful act or omission thus done by the defendant is of such a nature to give rise to a legal remedy.   Damnum Sine Injuria Damnum sine Injuria is a legal maxim which refers to as damages without injury or damages in which there is no infringement of any legal right which are vested with the plaintiff. Since no legal right has been infringed so no action lies in the cases of damnum sine injuria.  The general principle on which this maxim is based upon is that if one exercises his common or ordinary rights, within reasonable limits, and without infringing other’s legal