LEXIS AND COMPANY

  E-Contracts: The change brought or the change needed Introduction We are living in a world where everything is being digitalized. Where most of the agreements and contracts were previously documented on paper, are now preferred to be in digital form now. Moreover, with the advent of covid pandemic, the e-commerce world had no option other than opting e-contracts. But this isn’t a new thing. It was also there before the pandemic. It’s just that with the pandemic, its existence grew a lot. What is E-Contract? The “e” used in the term e-contracts refers to “electronic” and “contract”, as defined by Sec. 2(h) of Indian Contract Act, 1852, is an agreement enforceable by law. So, merging both, the contract which is done digitally and the way adopted for the same is electronic, is what we can say e-contracts. It increases the effectiveness of the e-commerce world and is also legal, as it has been legalized by the information Technology Act. It is a contract which is modeled, executed an...

  APPLICATION OF THE DOCTRINE OF FRUSTRATION Introduction In the commercial world, unlimited agreements and contracts are made and the parties are expected to perform their part. On non- performance, they can be sued by another party for breach of contract. But what if it becomes impossible for a party or for both the parties, to perform their part? Can the parties be sued, having done no fault? This is where the “doctrine of frustration” comes into play. Meaning of the Doctrine The concept of the doctrine of frustration comes under S.56 of Indian Contract Act, 1852. This section mentions that an agreement to do an impossible act is in itself void. This doctrine refers to the point that a promisor won’t be held liable under contract if there’s impossibility, for that promisor to perform his or her obligations under that contract. As per this doctrine, the relevant contract will also be held to be void. The basis of this doctrine is that the relevant contract becomes impossible to b...

  Rules on Organ Donation  When we talk about the present scenario the organ donation is increasing day by day, now people are aware about what is organ donation but it has a legal side also, which mean there are certain rules and regulation for the organ donation.  Consent from donor or nearest relatives: Doctors must have consent to transplant your organs or tissue. You can  record your consent in the Donor Register . If you are not a registered donor, your nearest relatives may give consent. Under the Organ Donation Act you can record your consent to donate your organs or tissues by in the national Donor Register. When you do this, you can specify what organs or tissue you would like to donate after your death. Minimum age for registering as a donor: Children under 12 may not register as a donor in the Donor Register, nor may anyone else do this on their behalf. Doctors may only use the organs or tissue of a deceased child if they have obtained consent from the ch...

  Sedition  Every citizen has been given freedom to speak and express their views under Article 19(1)(a) of the Indian Constitution. However, this freedom is not absolute and some reasonable restrictions have been imposed on freedom of speech and expression under Article 19(2). But when a person does an act by his words, signs or representation which is held to be contemptuous towards the Government of India, then such act is punishable under section 124-A of Indian Penal Code, 1860. Sedition is an offence that criminalizes speech that is regarded to be disloyal to or threatening to the state. Law of Sedition The term ‘Sedition’ means “conduct or speech which results in mutiny against the authority of the state”. Law of Sedition deals with section 124A of IPC, 1860, is considered as a reasonable restriction on freedom of speech. It was drafted by Thomas Macaulay and introduced in 1870. The following points describe the origin of sedition law: Origin of Sedition law in Ind...

  Divorce under Hindu Marriage Act, 1955 According to the Arthashastra, marriage can end if dissolved by mutual consent and should be unapproved marriage. But Manu does not believe in the concept of the dissolution. According to Manu the only way to end the marriage is the death of one of the spouses. The provision related to the concept of divorce was introduced by the Hindu Marriage Act, 1955. The Hindu Marriage Act defines divorce as a dissolution of the marriage. For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. Divorce is permitted only for a grave reason otherwise given other alternative. Divorce under Hindu Marriage Act, 1955 In the Hindu Marriage Act, there are some provisions given regarding a valid divorce, i.e. when the spouse can get divorce or appeal for dissolution of marriage in the court of law. For the interest of the society, the marriage or the marital relationship n...

  Procedure of Patent  Step 1: Write about inventions (idea or concept) with each and every detail. Collect all information about your Invention such as: Field of Invention What does the Invention describe How does it work Benefits of Invention If you worked on the Invention and during the research and development phase, you should have some call lab records which are duly signed with the date by you and the concerned authority. Step 2: It must involve a diagram, drawing and sketch explains the Invention Drawings and drawings should be designed so that the visual work can be better explained with the invention work. They play an important role in patent applications. Step 3: To check whether the Invention is patentable subject or not. Not all inventions can be patentable, as per the Indian Patent Act there are some inventions which have not been declared patentable (inventions are not patentable). Step 4: Patent Discovery The next step will be to find out if your Invention...