Class Notes - 19th September, Thursday, 2024 #
These are the notes from the classes held on 19th September 2024 for LLB 3Y students at Padala Rama Reddi Law College, covering Law of Torts, Law of Contracts, Environmental Law, and Constitutional Law. Notes are not exhaustive as there are other discussions in class, the subject related points are noted and elaborated with the inputs of the author to add clarity and make it easier to understand. Though vetted, notes may contain inaccuracies.
Contracts I #
The first subject taught today was Contracts 1, where we delved into concepts related to Corporate Law (formerly known as Mercantile Law). We discussed that an Act must always be capitalized, as it refers to legislation. Two crucial factors were highlighted:
- When the Act was passed.
- When the Act came into force.
Key Points: #
- Central Act: Applicable across the country.
- State Act: Applicable only in the specific state.
Corporate Law #
- Corporate Law was formerly known as Mercantile Law, which covers any activity involving trade, industry, or commerce (business).
- Not all agreements are enforceable by law. Only agreements under Section 10 of the Indian Contract Act, 1872, are contracts.
- The law of contracts dictates the circumstances in which legal validity is assigned.
Key terms:
- Promise: A declaration of intent.
- Agreement: An arrangement between two or more parties.
- Contract: An agreement that is enforceable by law. Only some agreements become contracts, based on legal conditions.
Sources of Indian Mercantile Law #
-
English Mercantile Law, derived from:
- Common Law: Uncodified and unwritten. It was harsh in the past, with practices like cutting off hands for robbery.
- Equity Law: Based on principles of justice, equity, and good conscience.
- Statute Law: Codified laws made by Parliament.
- Customs and Usages: Long-standing practices recognized as law.
-
Precedents: Past judgments followed in future cases if the facts and circumstances are the same.
-
Statute Law: Examples include the Indian Contract Act, 1872, and the Negotiable Instruments Act, 1881.
Objective of the Act:
- Laws ensure parties can realize the reasonable expectations from promises and provide remedies in case of breaches.
- Example: Balfour vs Balfour.
Implied Contracts #
- Contracts can also be implied, based on actions rather than formal agreements.
- Example: A boy polishing a man’s shoes creates an implied contract if the man allows it but then refuses to pay.
Environmental Law #
The second subject covered today was Environmental Law. This area of law emerged due to the over-exploitation of natural resources, and the first major international discussion occurred at the 1972 Stockholm Summit, where Indira Gandhi, India’s then-Prime Minister, presided.
Key Environmental Laws Passed in India: #
- 1972: Wildlife Protection Act
- 1974: Water Prevention and Control of Pollution Act
- 1981: Air Prevention and Control of Pollution Act
Environmental Impact Assessments (EIA) #
- Any major project requires an Environmental Impact Assessment to evaluate its effects on the environment.
Bhopal Gas Tragedy and M.C. Mehta #
The Bhopal Gas Tragedy of 1984 shocked the nation and highlighted the need for stricter environmental laws.
- M.C. Mehta, an environmentalist, used Public Interest Litigations (PILs) and judicial activism to push for stronger laws, leading to the Environment Protection Act of 1986.
International Environmental Summits #
- 1972 Stockholm Summit: The beginning of global environmental discussions.
- 1992 Rio De Janeiro Summit: Focused on global warming and biodiversity, and resulted in the United Nations Framework Convention on Climate Change.
The Bhopal Gas Tragedy occurred when the 1981 Air Prevention and Pollution Control Act was already in force, but the Pollution Control Board was ineffective at the time. It was toothless as it has no powers to do anything except inspect.
Law of Torts #
The third subject taught today was Law of Torts. Torts is an uncodified law, meaning it is not part of any specific statute or Act. In the absence of codified law, natural justice prevails.
Natural Justice #
Natural justice is based on:
- Equity
- Justice
- Good Conscience
These principles change with time but remain central to legal fairness.
Filing a Suit #
To file a suit, you need:
- Facts
- Circumstances
- Evidence
Legal Right and Implied Contracts #
- Legal Right: A right recognized by law. If a right isn’t recognized by law, it cannot be enforced.
- Example: If a friend doesn’t attend your wedding after being invited, you can’t sue them—it’s a social obligation, not a legal one.
- Implied Contracts: An example is when a man boards a bus. The act of boarding the bus is an implied acceptance of the offer to pay the fare.
Constitutional Law #
The last subject covered today was Constitutional Law. The Constitution is the basic law of the land, and everything must adhere to it, whether it’s the Prime Minister, President, Judiciary, or citizens. It ensures fairness, justice, and structure for governing the country.
Checks and Balances #
- An example of checks and balances is the NJAC Act, which tried to give the Prime Minister the power to appoint judges. The Supreme Court struck it down, reinforcing the separation of powers.
- You must be aware of your rights and can challenge any governmental or judicial body if your rights are violated.
The Collegium #
- India’s system of appointing judges is unique; it uses a Collegium, where sitting judges appoint future judges. The NJAC Act tried to change this, but it was struck down to protect the Doctrine of Separation of Powers.
Rule of Law #
- The Constitution and laws must govern society, not individuals.
- Law governs all aspects of society, from how we interact to how we marry.
Defamation #
- Destroying someone’s reputation without basis constitutes defamation.
Note: The faculty for Family Law I was on leave today.