Class Notes - 21st October, Monday, 2024

#

These notes cover the classes held on Monday, 21st October 2024, for LLB 3Y students at Padala Rama Reddi Law College, the notes cover Contracts - 1, Law of Torts, Family Law - 1, and a special skill development session in Environmental Law. They include explanations of key legal cases and concepts as part of the coursework. Use discretion as notes may contain inaccuracies.

Contracts - 1

#

Faculty Name: Dr. Radha Kumari
Unit: 1 - General Principles of Contract

Discussion on Communication of Offer and Acceptance:

#

Understanding how offer and acceptance are communicated is crucial in determining when a contract is legally binding. This session focused on the rules governing such communications and their implications.

1. Communication of Offer and Acceptance:
   In contract law, it is crucial to understand when an offer or acceptance is deemed effective, as this determines the moment a contract is formed. Communication can be through verbal, written, or electronic means.

   • Case: Lalman Shukla v. Gauri Dutt (1913): This case illustrated that awareness of an offer is essential for its acceptance. The plaintiff, a servant, was sent to search for a missing boy, and his master later announced a reward for finding the boy. Unaware of this reward, the servant found the boy but was not entitled to the reward. The court ruled that ignorance of the offer meant there was no acceptance, emphasizing that the offer must be known to the offeree before it can be accepted.
   • It is established that doing anything in ignorance of the offer is not considered acceptance, applicable to both specific and general offers.
   • Exception: Case: Carlill v. Carbolic Smoke Ball Co. (1893): This case is a notable exception to the above principle. The company advertised in the newspaper that they would pay £100 to anyone who used their product as instructed and still contracted influenza. Mrs. Carlill used the product and became ill. The court ruled that the advertisement was a unilateral offer to the world, which could be accepted by anyone performing the conditions. This case showed that acceptance of a general offer can occur without direct communication if the conditions are met.

2. Legal Rules Relating to Offers:
   The principles governing the formation of offers are central to the creation of valid contracts.

   • An offer must be made with the intention of receiving acceptance and must be communicated to the offeree.
   • An offer should not contain a term where non-compliance would amount to acceptance. For example, an offeror cannot state that “if I do not hear from you, I will assume you have accepted.” Silence cannot be construed as acceptance. Examples:
     • Scenario 1: A sends an email to B offering to sell a car for ₹5,00,000, stating, “If you do not respond by tomorrow, I will assume that you have accepted the offer.” Here, B’s silence cannot be taken as acceptance, and there is no binding contract.
     • Scenario 2: A landlord writes to a tenant, “If you do not reply within 3 days, I will assume you have agreed to the new rent increase.” The tenant’s silence cannot be taken as agreement to the rent hike.
     • Scenario 3: A job offer letter includes a statement saying, “If you do not reject this offer within 48 hours, we will assume you have accepted the position.” The silence of the prospective employee cannot be interpreted as acceptance of the job.

   Types of Offers:

   • Cross Offer: Occurs when two parties make identical offers to each other without knowledge of the other’s offer. These are considered cross offers and do not constitute a contract since there is no mutual acceptance.
     • If A and B write letters to each other for the same purpose ex A wants to sell his red car to B for Rs 5L. At the same time, B also writes a letter to buy A’s red car for Rs 5L. Even though these letters are the same, there is no acceptance for either offer hence, it does not form a contract. These offers are crossed in post and are called cross offers.
     • Case: Tinn v. Hoffman (1873): This case involved two parties sending simultaneous offers for the purchase of goods, unaware of each other’s actions. The court held that cross offers do not create a binding contract as there was no mutual acceptance of either offer.
   • Counter Offer: A counter offer is a response to an original offer that modifies its terms or conditions, effectively rejecting the original offer. A counter offer must be accepted by the original offeror to form a contract.
     • Case: Hyde v. Wrench (1840): Wrench offered to sell his land to Hyde for £1,000. Hyde, instead of accepting, made a counter offer of £950, which Wrench rejected. Later, Hyde attempted to accept the original offer of £1,000. The court ruled that once Hyde made the counter offer, it nullified the original offer. As a result, the original offer could not be accepted later, and no contract was formed. This case illustrates that a counter offer serves as a rejection of the original offer, making it void and no longer open for acceptance.
   • Standing Offer - Continuing Offer: A standing offer remains open for acceptance over time, such as tenders or ongoing supply contracts. It can be accepted multiple times until revoked.
   • General and Specific Offer:
     • A general offer is made to the public at large, as seen in Carlill v. Carbolic Smoke Ball Co., and can be accepted by anyone who meets its conditions.
     • A specific offer is directed at a particular person or group and can only be accepted by the intended recipient.

Family Law - 1

#

Faculty Name: Dr. Sriveni
Unit: 1 - Hindu Marriage Laws

Discussion on Conditions of Valid Marriage:

#

The conditions for a valid marriage under the Hindu Marriage Act 1955 are fundamental for understanding the requirements and limitations in Hindu marriage laws.

Capacity or Sound Mind (Section 5(ii))

#

• Nature: This is a recommendatory condition under Hindu marriage laws. It requires both parties to possess the mental and physical capacity to consent to marriage.

Case Laws on Physical Capacity and Impotence

#

• Laxmi v. Babulal: This case involved a woman who was born without a vagina, which was later surgically created. The court held that this did not amount to impotence, as she could engage in sexual intercourse after the procedure.

• M v. S: An anonymous case to maintain privacy. Here, medical intervention allowed the couple to have a normal sexual relationship. The court ruled that such medical intervention did not constitute impotence.

• Ganeshji v. Hastuben: Similar to other cases, the court held that the ability to engage in sexual intercourse after medical intervention did not amount to impotence.

• Rajendra v. Shanti: In this case, a 1.5-inch vaginal canal was surgically created for the woman. The court decided that this was sufficient for the purposes of consummation and did not constitute impotence.

• Prajapati v. Hastubai and Shewanti v. Bhaura: In these cases, the court considered the inability to menstruate or have children. However, since the women could engage in sexual intercourse, they were not declared impotent.

• Alkasharma v. Avinash Chandra: The court ruled that if both physical and mental conditions prevent a spouse from continuing in a marriage, it is grounds for annulment.

• Triveni Singh v. State of UP: This case involved a woman with an HIV infection. The court held that an HIV diagnosis alone does not provide grounds for annulling a marriage, as it does not equate to physical incapacity.

Marriageable Age (Section 5(iii))

#

• Nature: This is a recommendatory condition. The law stipulates that the man should be at least 21 years old and the woman at least 18 years old at the time of marriage.

• Doctrine of Factum Valet: 100 texts cannot change a fact. Once a marriage is performed according to all the ceremonies, it remains valid even if one or both parties were below the legal marriageable age at the time. However, penalties for child marriage may still apply.

  • Penalties can be imposed on:
    • Bride
    • Bridegroom
    • Parents of both parties
    • Attendees of the marriage

Outside the Prohibited Degrees (Section 5(iv))

#

• Nature: This is a mandatory condition under the Hindu Marriage Act, 1955.
• Prohibited Degrees: A marriage is considered invalid if it occurs between parties who fall within the prohibited degrees of relationship. These degrees are determined based on closeness of blood relation.
• Purpose: The rule aims to prevent inbreeding and maintain the social structure by avoiding marriages that could lead to genetic issues.
• Examples of Prohibited Degrees:
  • Marriage between siblings, uncle and niece, aunt and nephew, or first cousins is usually not allowed.
• Exception: The only exception to this rule is when a custom permits such a union. For instance, some communities or castes may have customary practices allowing marriages within certain degrees. In South India, it is common practice to marry the girl to the maternal uncle or the first cousin. This is valid as it is a customary practice. In Punjab, the Jats marry the wife of the brother (if brother is deceased). This is also a custom.
• Validity of Custom: For a custom to be considered valid, it must be:
  • Ancient: Followed for a long time.
  • Certain: Clearly defined and consistently followed.
  • Reasonable: Must not contradict the principles of natural justice.
  • Not Against Public Policy: Should not go against the public interest or legal standards.

Outside the Sapinda Relationship (Section 5(v))

#

• Nature: This is also a mandatory condition under Hindu law.

• Theories Governing Sapinda Relationships:

  • Oblation or Rice Ball Theory (Jimutavahana): Individuals who can offer pindas (rice balls during ancestral rites) to the same ancestors are considered Sapindas and cannot marry.

  • Particles of Same Body Theory (Vijnaneshwara): According to this theory:

    • Relatives on the mother’s side cannot marry within five generations.
    • Relatives on the father’s side cannot marry within seven generations.
    • This is the origin but Act applies today.

• Samana Gothra and Binna Gothra:

  • Samana Gothra: Marriage within the same gotra is prohibited. This includes:
    • Three generations from the mother’s side (agnates). - As per Hindu Marriage Act 1955.
    • Five generations from the father’s side (cognates). - As per Hindu Marriage Act 1955.
  • Binna Gothra: Marriages are allowed between individuals of different gotras.

People are often confused about what the Hindu Marriage Act 1955 says and what Vijnaneshwara says. In the Act, it is 3 from mother’s side and 5 from father’s side. In Particles of Same Body Theory, it says 5 from Mother’s side and 7 from Father’s side. The theory is from ancient times. Today, we follow whatever is said in the Act with the exception of Scheduled Tribes who follow ancient law.

Law of Torts

#

Faculty Name: Dr. Pavani
Unit: 1 - Introduction to Torts

Discussion on Essential Elements of a Tort:

#

Understanding the essential elements of a tort is vital for recognizing civil wrongs and the remedies they entail.

3. Essential Elements of a Tort:
   • Act or Omission/Wrongful Act/Violation of Legal Right: For an act to constitute a tort, it must involve a wrongful act or omission that results in harm.
   • Legal Damage: The harm must be recognized as a legal injury (Injuria). This can be categorized into two principles:
     • Injuria Sine Damno: Legal injury without actual damage still results in liability.
       • Case: Ashby v. White (1701): This case established that a violation of the right to vote entitled the aggrieved party to legal remedies, even if there was no tangible loss. It reinforced the principle Ubi jus, ibi remedium—“where there is a right, there must be a remedy.”
       • Case: Bhim Singh v. State of J&K (1986): The illegal detention of an MLA was deemed a violation of fundamental rights under Articles 21 and 22 of the Indian Constitution. The court awarded compensation, underscoring the state’s accountability for unlawful actions.
     • Damnum Sine Injuria: Actual damage without the violation of a legal right does not lead to liability. For example, a competitor setting up a business nearby that affects another’s trade is not liable if they have done nothing illegal.
   • Legal Remedy: A tort is actionable only when there is a legal remedy for the injury caused, emphasizing that justice is intertwined with the availability of remedies.

Environmental Law - 1

#

Faculty Name: Dr. Vijaya Kalyani

• Around 10 students presented their views on environmental conservation, pollution prevention, and raising awareness.
• The session emphasized the importance of public speaking skills for law students, boosting their confidence and helping them experience The Winner Effect
• Participants who delivered speeches were placed on the Merit List and promised Merit certificates.
• The principal encouraged students to submit writings on environmental topics for potential publication in the college journal.

Note: Faculty for Constitutional Law - 1 was absent, and as a result, no session was conducted for this subject today.