PRINCIPLES

1. (PROPOSAL/OFFER) : when one person signifies to another his

willingness to do or abstain from doing anything , with a view to
obtaining assent of that other to such act or abstinence he is said to
make a proposal.
2. (ACCEPTANCE): when a person to whom such willingness is
signified, assents to the proposal, he is said to have accepted the
offer.
3. (INVITATION TO OFFER): An invitation to an offer is not an offer
but offers to make offer or an offer to negotiate. An invitation to
offer indicates the process of negotiation that precedes the making
of offer.
An offer involves a promise and request
4. (CONTRACT): a contract is an agreement that binds both the
parties i.e. when the communication of acceptance is complete.
5. (COMMUNICATION OF ACCEPTANCE): the communication of
acceptance is complete as against the offeror when it put in the
course of transmission by the offeree and against the offeree when it
comes to the knowledge of the offeror. An acceptance may be
revoked at any time before the communication of acceptance is
complete as against the acceptor. In other words, before the letter of
acceptance reaches the offeror.
6. (CONSIDERATION): when at the desire of the promisor, the
promisee or any other person has done or abstained from doing
something, or does or abstains from doing something, or promises to
do or abstain from doing something, such act or abstinence or
promise is called a consideration for the promise.
7. (PRIVITY TO CONTRACT): The rule of privity to contract lays down
that no stranger to a contract can sue on the basis of the contract.
8. (COERCION): coercion refers to the committing or threatening to
commit, any act forbidden by the Indian penal code, with the
intention of causing any person to enter into an agreement.
9. (UNDUE INFLUENCE): A contract is said to be induced by undue
influence where the relations subsisting between the parties are
such that one of the parties is in a position to dominate the will of
the other and uses that position to obtain an unfair advantage over
the other.
10. (AVOIDING CONTRACTS ON THE BASIS OF MISREPRESENTATION):
In order to avoid a contract on the basis of misrepresentation, the
plaintiff must prove that the statement was false, it was one of the
facts, and was addressed to the plaintiff and induced him to enter
into the contract.
11. (FRAUD): fraud means the active concealment of a fact by one
having knowledge or belief of the fact with the intent to deceive
another party or to induce him to enter into the contract.
12. (VOID AGREEMENT): where both the parties to an agreement are
under a mistake as to a matter of fact essential to the agreement,
the agreement is void.
13. (COMPETENCY): Every person is competent to contract who is of
the age of majority according to the law to which he is subject, and
who is of sound mind, and is not disqualified from contracting by any
law to which he is subject.
Any contract which is entered by a minor is VOID AB INITIO.
14. (CONTINGENT CONTRACT): a contingent contract is a contract to
do or not to do something, if an event collateral to the contact, does
or does not happen.
EXPLANATION: in case of contingent contracts both parties must
have real interest in the occurrence or non-occurrence of the event.
Further the event must be collateral to contract and not the sole
determining factor of the contact. In other words, in a contingent
contract the contract has already come into existence between the
parties but its performance depends on happening of the future
events.

15. (WAGERING AGREEMENT): A wagering agreement can be defined

as an agreement, one by which two persons, professing to hold
opposite views touching the issue of a future uncertain event,
mutually agree that dependent upon the determination of that event
one shall win from other and that the other shall pay to him, a sum
of money, neither of the contracting parties having any other
interest in the contract other than the sum at stake, there being no
other real consideration for making the contract. A mutual chance of
loss and gain is essential for a wagering agreement.
16. (AGENT & PRINCIPAL): an agent is a person employed to do any
act for another, or to represent another in dealing with third
persons. The person for whom such act is done, or who is
represented, is called principal.
EXPLANATION: The real test of agency is that whether the person
appointed to act for principal has an expression or implied authority
to represent the principal in dealing with the third person making the
principal legally answerable.

17. (AGENCY OF NECESSITY): A case of emergency of necessity arises

where after the parties have created a contractual relationship. In
case of some emergency, the law confers upon one party authority
to act for another or allows the agent to exceed the authority, which
has been conferred upon him, in the interest of the other party.
18. (DUTY OF AN AGENT): An agent is bound to conduct the business
of his principal according to the directions given by the principal, or
in the absence of any such directions, according to the custom which
prevails in doing business of the same kind at the place where the
agent conducts such business. When the agent acts otherwise, if any
loss sustained he must make it good to his principal and if any profit
accrues, he must account for it.
19. (BAILMENT): Delivery of goods from one person to another for
some purpose, upon a contract that they shall when the purpose is
accomplished, be returned or otherwise disposed of according to the
directions of the person delivering them is called bailment. The
person who delivers the goods is called the bailor and the person to
whom the goods are delivered is called the bailee.
20. Bailor is bound to disclose the fault in the goods of, which he is
aware and which materially interferes with the use of goods or which
exposes the bailee to extraordinary risk. A bailor for hire is liable for
damage irrespective of his knowledge of fault in goods.
21. (CONTRACT OF INDEMNITY): A contract, by which one party
promises to save the other from the loss caused to him by the
conduct of the promisor himself, is called a contract of indemnity.
22. (PARTNERSHIP): Partnership is an agreement between two or
more persons who have agreed to share profits and losses of the
business carried on by all or any one of them acting upon all.
23. (THEFT): Whoever intending to take dishonestly any moveable
property out of the possession of any person without that person’s
consent, moves that property in order to such taking is said to
commit theft.
EXPLANATION 1: A thing so long as it is attached to the earth is not
the subject of theft; but it becomes so as soon as it is severed from the
earth. A pet animal or livestock comes within the definition of
‘moveable property’.

EXPLANATION 2: Wrongful intention or Mens rea means a criminal

intention or some blameworthy condition of mind. If the mind of the
person committing the criminal act is innocent i.e. does not have the
guilty intent, there is no crime committed.
24. (IMPERSONATION AT AN ELECTION): Whoever at an election
votes in the name of any person whether living or dead or in a
fictitious or who having voted once at such election applies again for
a voting paper in his name, commits the offence of impersonation at
an election.
25. (INJURIA SINE DAMNUM): The real significance of damage in law
can be illustrated by the maxim injuria sine damnum. In cases of
injuria sine damnum, it is the infringement of a legal right without
any actual loss or damage and the person whose right is so infringed
has a right to damages.
26. (COURT FEE): The Court Fee act provides that the matter of court
fee once decided by the taxing officer of the court shall be conclusive
and final though in a limited sense. The implication of this law is that
the decision of the taxing officer on the court fee cannot be a ground
for preferring appeal; however if an appeal is preferred on some
other grounds, the matter of court fee can be reopened therein.
27. (DISHONEST MISAPPROPRIATION OF PROPERTY): whoever
dishonestly misappropriates to his own use any moveable property
which has come to him without any element of guilt mind on his
part, shall be considered to have committed the offence of dishonest
misappropriation of property.
EXPLANATION: misappropriation is deemed to have occurred when
the efforts expected of an ordinary prudent person in the given
circumstances were not undertaken.

28. Every agreement in restraint of the marriage of any person, other

than a minor, is void.
29. The SUNNI MOHAMMEDAN LAW does not recognise the doctrine
of representation for the purpose of succession.
30. In order to succeed in an action for defamation, the statement
must refer to the plaintiff.
31. (NUISANCE): nuisance means an unlawful interference with the
person’s use or enjoyment of land, or some right over, or in
connection with it.
IN OTHER WORDS,
Unreasonable interference with the enjoyment of another’s property
constitutes nuisance.
32. (MAINTENANCE): Maintenance means aiding a party in civil
proceedings by assistance without lawful justification.
33. (DOCTRINE OF PRECEDENT): the doctrine of precedent states
that the judgement of a higher appellate authority is binding on the
lower courts. The judgement of one high court will be binding only
on the lower courts within its jurisdiction. The judgement of the
other high courts will have persuasive value on the lower courts.
34. No court shall proceed with the trial of any suit in which the
matter in issue is directly and substantially in issue in a previously
instituted suit between the same parties or their representatives.
35. (HIERARCHY): In India, a system of hierarchy of law is followed
and the law/rule ranked lower in hierarchy must be in consonance
with the higher ranked laws.
36. Every court has its local territorial jurisdiction beyond which it
cannot exercise its jurisdiction.
37. A suit shall be filed in the court of lowest grade competent to try
it. It is generally the plaintiff’s valuation in the plaint that determines
the jurisdiction.
38. A court cannot adjudicate upon a subject matter, which does not
fall within its province. A jurisdiction regarding subject matter is
essential.
39. (LIMITATION): The law of limitation bars only the remedy but
does not extinguish the right. A contract to pay time-barred debt is
valid.
40. Generally the period of limitation is 3 years from the date on
which the cause of action arose.
41. (PRINCIPLE OF NATURAL JUSTICE): The principle of natural justice
requires that no man must be condemned unheard. In other words
every person must be given a fair opportunity of being heard before
decision regarding him/her is made.
EXPLANATION: In case a party is given a chance to present its case
and such a party fails to appear then the court can file an ex-parte
order.

42. (CONTEMPT OF COURT): Contempt of court refers to a deliberate

act intended to lessen the authority or dignity of a court, embarrass,
hinder, or obstruct the administration justice, or disobey a court’s
lawful order.
43. The order of lower court against which an appeal is preferred
merges in the order of the appellate court.
44. (MEDIATION): Mediation seeks to rebuild and repair a
relationship through an impartial and independent intermediary.
Mediation is informal and not usually legally binding.
45. (ARBITRATION): Arbitration is an out of court procedure which
also involves an impartial third party, who is asked to make a
decision. The parties present evidence to the arbitrator, who makes
the decision that they had agreed in advance to abide by.
46. (CONSIDERATION): The consideration or object of an agreement
is lawful, unless it is forbidden by law; or is of such a nature that, if
permitted, it would defeat the provisions of any law; or is fraudulent;
or involves or implies injury to the person or property of another; or
the court regards it as immoral, or opposed to public policy.
EXPLANATION: In each of the above cases, the consideration or
object of an agreement is said to be unlawful. Every agreement of
which the object or consideration is unlawful is void.

47. An agreement by way of wager is a void agreement

EXPLANATION: Wager is a contract by which two parties or more
agree that a certain sum of money, or other thing, shall be paid or
delivered to one of them, on the happening or not happening of an
uncertain event.

48. An agent is entitled to customary commission depending on the

act he was asked to do by the master.
49. In a contract of agency no liability exists upon the agent towards
his principal (Master) if he acts with reasonable diligence in the
matter of agency.
50.In all the cases of bailment the bailee (the person to whom goods
have been delivered) is bound to take as much care of the goods
bailed to him as a man of ordinary prudence would, under similar
circumstances take of his own goods of the same bulk, quality and
value of the goods bailed.
51. Every partner can, by virtue of being an agent of the firm, bind
the firm with any act that has been done in the firm’s name.
52. A partner is individually as well as jointly liable to the outsiders
with respect to the transactions made with the partnership firm.
53. A partner shall share with the other partners whatever profit he
makes in the course of partnership business.
54. (AGREEMENT OF INDEMNITY): When a person agrees to save the
other from a loss caused to him by the conduct of any person this
agreement is called an agreement of indemnity.
EXPLANATION: Loss caused by the conduct of a person includes acts
done inadvertently.
55. Nothing is an offence merely by reason of it being done with
knowledge that it is likely to cause harm, if it be done without any
intention to cause harm, and in good faith for the purpose of
preventing or avoiding greater harm to person or property.
56. Nothing is an offence which is done by a child above 7 years of
age and under 12 years. The law considers him/her to be incapable
of understanding the result of the act.
EXPLANATION: The child will be liable only if he/she has attained
sufficient maturity to understand the result of the act that he/she
does.

57. Nothing is an offence which is done by a person, who, at the time

of doing it, is, by reason of intoxication, incapable of knowing the
nature of the act, or that he is provided that the thing which
intoxicated him was administered to him without his knowledge or
against his will.
EXPLANTION 1: The expression ‘without his knowledge’ means that
the person concerned is ignorant of the fact that what is consumed by
him is an intoxicant or is mixed with an intoxicant.

EXPLANATION 2: The expression ‘against his will’ means that the

person was forced or coerced into consuming an intoxicant.

58. (PRIVATE DEFENCE): Nothing is an offence which is done in the

exercise of the right of private defence. Every person has a right to
defend his own body, and the body of any other person against any
offence affecting human body.
EXPLANATION 1: Right of private defence can be exercised only in
the face of impending peril and can be used to protect one’s own body,
somebody else’s body, one’s own property or somebody else’s property.

EXPLANATION 2: However there is no right of private defence

against an act which does not necessarily cause the apprehension of
death or of grievous hurt, if done or attempted to be done by a public
servant acting in good faith under the colour of his office, though that
act may not be strictly justifiable by law.
59. (CHEAT BY IMPERSONATING): A person is said to cheat by
impersonating if he cheats by pretending or representing to be some
other person than what he really is.
Impersonation can be of a real or imaginary person.
60. (CHEAT): Whoever, by deceiving any person, fraudulently or
dishonestly induces the person so deceived to deliver any property
to any person, or to consent that any person shall retain any
property, or intentionally induces the person so deceived to do or to
omit to do anything which he would not do or to omit if he were not
so deceived, and which act or omission causes or is likely to cause
damage or hardship to that person in body, mind, reputation or
property, is said to ‘cheat’.
EXPLANATION: ‘Deceiving’ is to lead into error by causing a person
to believe what is false or to disbelieve what is true, and such
deception may be by words or by conduct.

61. (ACTUS REUS & CRIMINAL CONSPIRACY): An essential element of

a crime is actus reus. In other words, some overt act or illegal
omission must take place in pursuance of the guilt intention. Section
120 A of the Indian Penal Code states that when two or more
persons agree to do or cause to be done an illegal act or a legal act
illegally, such persons are guilty of conspiracy. The code further
states that an agreement to commit an offence amounts to criminal
conspiracy, making the person guilty without the further need of
doing some act besides the agreement.
62. (INNOCENCE): In relation of a crime, innocence of motive cannot
purge an offence neither will it be a defence.
63. In order to determine mens rea, firstly it must be proved that the
act in question was a voluntary act of the accused and secondly that
the accused had the foresight of the consequences of his conduct.
64. (KNOWLEDGE): Knowledge means having mental cognition of a
thing or it is the awareness or expectations of the consequences of
the act. In case of knowledge consequences are known but not
desired.
A person can be held liable on the basis of knowledge.
65. In case of intention, the person desires the consequences of his
act.
66. A basic principle of criminal law is that any person accused of a
crime is innocent until he is proven guilty.
67. (DEFAMATION): Whoever by words spoken or written makes or
publishes any imputation concerning any person intending to harm
or knowing that it will harm his reputation is guilty of defamation.
IN OTHER WORDS,
The tort of defamation consists in injuring the reputation of another.
IN OTHER WORDS,
Defamation is the communication of a statement that makes a false
claim expressly stated or implied to be factual, that may give an
individual a negative image.
68. In order for an actionable claim to exist in law, there must be a
legal violation of the plaintiff’s right.
69. (VOLENTI NON FIT INJURIA): As per the principle of volenti non fit
injuria, a person who is aware of a risk and assumes the risk
voluntarily cannot claim damages if he suffers on account of the risk.
70. If anybody voluntarily exposes oneself to the harm suffered,
he/she is stopped from claiming damages under the law of torts.
71. No man can enforce a right which he has voluntarily waived or
abandoned.
 Merely because the person knows of the harm does not
imply that he has assented to suffer it.
73. The mere fact that the plaintiff was the wrongdoer does not
disentitle him from recovering from the defendant for the latter’s
wrongful act.
74. Consent is a defence against tortious liability.
75. A person cannot be punished for an injury arising from an
inevitable accident.
76. An act causing damage, if done under necessity to prevent a
greater evil is not actionable even though harm was caused
intentionally.
77. An actionable claim lies against the state if in the course of
carrying out activities under statutory authority, there is damage
caused due to negligence of the state or its representatives.
78. (NEGLIGENCE): In order to establish the tort of negligence, it
must be proved that the defendant owed a duty of care to the
plaintiff; the defendant breached that duty, either totally or partially;
and the plaintiff suffered damage as a result of the breach of duty.
IN OTHER WORDS,
The tort of negligence is constituted when a duty of care is breached
resulting in damage.
IN OTHER WORDS,
An act or omission of a duty is said to be negligence. If a person does
something what he is not supposed to do or the other ways it is
negligence.
79. In order to determine liability of person for the tort of
negligence, age of the person committing the tort should be given
due consideration. Duty to care is determined relatively and not
absolutely.
80. No liability in tort shall lie for an action occasioned by true
necessity.
81. A man would be responsible for all direct consequences of his
act, in so far as he could reasonably foresee them as arising from his
act, and could have been avoided with due care.
82. A master can be held liable for the negligent acts or omissions of
their employees in the course of employment.
83. (STRICT LIABILITY): The principle of strict liability requires that
when a person brings a dangerous thing on to his land for a non-
natural purpose and such thing escapes and causes damage, he shall
be strictly liable for any such damage caused.
84. To hold a person strictly liable for something means that person
is liable for damages without the complainant having to prove any
negligence on part of the person who is strictly liable.
85. (ABSOLUTE LIABILITY): If a person bring on to his land a substance
that is dangerous for carrying on a profitable venture, then the
principle of absolute liability applies.
86. Absolute liability is a more rigorous standard than strict liability
and the defences available in strict liability are not allowed.
87. If a person files a criminal complaint against a person whom he
knows to be innocent and then allows criminal proceedings (resulting
in acquittal) to take place or to continue, without informing the state
of the other person’s innocence, the tort of malicious prosecution is
said to be committed.
IN OTHER WORDS,
The tort of malicious prosecution consists in initiating unsuccessful
criminal proceedings maliciously and without reasonable and
probable cause.
IN OTHER WORDS,
If a person is prosecuted on the basis of a complaint filed by the
defendant, without just or reasonable cause, then the tort f
malicious prosecution is said to be committed.
88. In an action for malicious prosecution, the defendant should be,
in substance, the person responsible for the prosecution.
89. A master is liable for all the acts including wrongful acts of his
servant done within the course of employment.
IN OTHER WORDS,
A master shall be liable for the harm caused by his servant.
90. A master is liable to compensate his servant for any injury
sustained in the course of employment.
91. (TRESPASS): Interfering with someone’s possession of land
without any lawful justification constitutes tort of trespass.
IN OTHER WORDS,
Entering someone else’s property without the owner’s permission is
wrong conduct and is called trespass.
92. Law permits REASONABLE use of force to protect one’s property.
93. (TRESPASS TO PERSON): For BATTERY, trespass to person is
required.
EXPLANATION: Trespass to person entails making contact with the
body of the person aggrieved. No actual damage needs to be proved.

94. (ASSAULT): To establish assault, intentional causing of reasonable

apprehension of immediate harmful or offensive contact is essential.
95. (DPSP-free legal aid): It is a DIRECTIVE PRNCIPLE OF STATE PLICY
to provide free legal aid by making a law or schemes or by any other
suitable way so that opportunity of securing justice is not denied to
any citizen by reason of economic or other disability.
EXPLANATION: The dpsp are not enforceable against the state by any
court but the DPSP nevertheless lay down fundamental principles of
governance and it shall be the duty of the state to apply these
principles in making laws.
Fundamental rights must be constructed in the light
of DPSP; both should be interpreted and read together. State
includes union parliament and state legislature, union and state
executive and any other body or authority that is directly or
indirectly under complete control of government of India or of any
other state.
96. It is a DPSP that the state shall direct its policy towards securing
equal pay for equal work for both men and women.
All persons have the right that the state shall not deny to any person
equality before the law or the equal protection of the laws within the
territory of India.
97.