Tolani Institute of Management Studies

E-Dairy of Business laws

Submitted to: Prof. Deepa Mishra

Submitted by: Girija Banvait

Date
8-2-2013

Law
Minor

Learning W.R.T its application

In recent Delhi reap case the culprit is a minor in this case. His age was 17 years 6 months and 24 days. He was just 5 months and 6 days younger to be considered as an adult or major. So he is being escaped from the real punishment of being hanged till death. And instead he is being sent to the learning centre to be trained by the government for not doing such activities. Now a days doctors are operating patients even if there is no such need of being operated. It is been observed that most of the ladies in Bihar is being operated n removed there uterus by saying that they need it to be removed. And one of the lady has told that she need to be operated on the same day even if her husband was out of town the doctor didnt told that her husband would be informed and in presence of her in-laws she was operated on the same day and the situation in operation became worst and she became unconscious. These all un lawful activities considered as Fraud. Just to earn more money now doctors are doing such fraud the patient just has little bit problem but they would enforce for unnecessary operations. I saw a small music player in my friends hand and came to know that she ordered it from e-bay which can only be ordered through debit card facilities. And I didnt have any debit card with me, so gave her a proposal of ordering it on behalf of me that was accepted by her and gave her payment on the spot.

8-2-2013

Fraud

8-2-2013

Future consideration

So this was a future consideration for me that I would receive part of the consideration in future when I receive the delivery of the music player. 8-2-2013 Illegal agreement or contract One of my relative was suffering from stomach pain n when to a doctor who was treating her from last 3 months n still no such positive effects were seen of the treatment n tests which showed that she have some kind of bacteria in her stomach. This cost her for Rs 15000. N after 3 months the doctor again said that this treatment would more long last till 3 months. N she changed the doctor and when to some more experienced doctor in the town. This doctor said that everyone have bacteria in there stomach and just have a gas problem. And gave the medicine for just 5 days and told that she would be fine. So all those treatments was given by first doctor was illegal. If a family keeps the servant at their home by bringing the girls of 13 years old from the other state and tells everyone that she is an adult and take hard services from the girl by sending so money at her home to her parents If a purchaser makes a payment to the retailer and by mistake he writes Rs.250000 instead of Rs.25000 this contract could void from the side of purchaser.

9-2-2013

Illegal

9-2-2013

Mistake

9-2-2013

Fraudulent object

If X takes loan to help Y in payment of his debts where Y ensure X that he will pay all the instalments of Xs loan but the main intension of Y is then not to pay any instalment and became free from his debts is void. As the main

objective behind this agreement is to play some fraud.

9-2-2013

Immoral objective

If a husband and wife think to adopt a child who is a son of their well-known and rich friend with and objective of getting all his friends wealth so this objective becomes immoral objective for a contract. P does not have good relationships with his son and is not willing to give all his property to his son. So he makes a legal document against the other individual his servant who takes care of him in his last days. So the property would be of the servant and not his son after the death of P. My mom ordered 2 kg of dal from the provision store in our monthly list of rashan and told him to give home delivery for all. And the shop keeper sent only 1 kg instead of 2 kg. So here my mom is liable to pay money for only 1 kg or she can get more 1 kg dal from the shop keeper and then pay for 2 kg dal. If A and B in a mutual concern decided to start a printing press in partnership and decided to bring 50 lakhs as a capital in the company by 30th Jan. and B dies before 30th Jan. then Bs family is not liable to pay Rs 5o lakhs as the contract became enforceable before its existing date. If my father offered me a new phone on getting 80% results and I kept silence then this becomes a contract which is silently accepted by me.

11-2-2013

Legal representative

11-2-2013

Opportunity to verify the goods being delivered

11-2-2013

Contract is subsequently discovered to be enforceable

12-2-2013

Silent contract

12-2-2013

Conditional contract

With respect to above example that also becomes a conditional contract as object is other and something is offered in exchange of anything. X a contractor sells single plot to more than one individual then it is fraud to all of them. This is a unlawful contract that can be void. A will formed by parents for his children is a past consideration.

13-2-2013

Unlawful contract

13-2-2013

Past consideration

14-2-2013

Contract which need not be performed

If a person who have 2 children a son and a daughter so according to law all the property of any individual becomes of his spouse after death. And if the daughter agrees to a mutual understanding that all the property ownership goes to the son then the past contract need not be performed. If I lost my pen-drive in college any put the note of it on the notice board. But still do not find the pen-drive and came to know that one of the class mate have found my pen-drive who is absent that day. I have the right to clame my pendrive from that individual when he is present. If two partners X and Y mutually agree to change the ratio of their partnership and a new partner so all the contracts of the company changes under section 62 and they are not liable to perform the old terms and conditions of the contract. If a sportsman comes into contract of running in a race and just before race de meet with an accident then the contact discharge automatically under discharge of contract by death or disablement of

15-2-2013

Quasi-Contract (Responsibility of finder of goods)

16-2-2013

Contract, which need not be performed (section 62)

18-2-2013

Discharge of contract by death or disablement of parties

the parties

19-2-2013

ordinary damages under remedies for breach of contract Guarantee

If a person is ordered to make some table and chairs of a particular wood for his office for Rs 10000 and then the rate of that wood increase then the purchaser is liable to pay the incremental amount. If A is a creditor and B is debtor and C is guarantor. If B has taken a loan of Rs 15 lakh from A and B became insolvent after paying 5 lakh. So according to guarantee agreement C can take the remaining amount from C If P gives his car to Q to keep at his place and Q goes from Gandhidham to Amhmdabad without any due permission there he meat with an accident on the way then q is liable to pay all compensation to P. If F takes 10 lakh from G and keeps his Land possession papers as a security and says that if F is not able to pay Rs 10 lakh within 1 year then G can sell of his land. But F pays all his amount in 11 month and ask for his papers and he come to know that G has sold his land than G has to pay F as per law

20-2-2013

21-2-2013

Contract of bailment

22-2-2013

Pledge