Class Notes - 23rd October, Wednesday, 2024

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Today’s notes cover the classes conducted on Wednesday, 23rd October 2024, for LLB 3Y students at Padala Rama Reddi Law College. The subjects included Contracts - 1, Law of Torts, Environmental Law, Family Law - 1, and Constitutional Law - 1. Notes may contain inaccuracies, discretion is advised.

Contracts - 1

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Faculty Name: Dr. Radha Kumari
Unit: 1

Legal Rules as to Acceptance

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• Acceptance must be absolute and unqualified:

  • An acceptance must match the terms of the offer without any modifications. If it introduces new terms, it may be considered a counteroffer rather than an acceptance.

• Acceptance must be communicated to the offeror:

  • Communication of acceptance is crucial for the formation of a contract, as it signifies the offeree’s agreement to the offeror’s terms.
    • Felthouse v. Bindley: In this case, the plaintiff assumed that a horse would be his if no further communication was made by the defendant. The auctioneer sold the horse to someone else. The court held that there was no valid contract because the acceptance was not communicated to the offeror. Mere silence or lack of response does not amount to acceptance.
    • Brodgen v. Metropolitan Rail Co. (1877): Here, a contract draft was sent, but the acceptance was not explicitly communicated back to the sender. The court held that no contract existed until acceptance was communicated, even though both parties had acted upon the draft informally.

• Offeror may dispense with the communication of acceptance:

  • In some cases, the offeror may waive the requirement of direct communication if the offeree performs a specific act or meets certain conditions, effectively accepting the offer through performance.
    • Carlill v. Carbolic Smoke Ball Co. (1893): The company promised to pay £100 to anyone who used their smokeball as directed and contracted influenza. Mrs. Carlill followed the instructions and became ill. The court ruled that the company’s advertisement was a unilateral offer, and Mrs. Carlill’s act of using the product as specified constituted acceptance, even without direct communication.

• Acceptance must be in accordance with the mode prescribed:

  • If the offeror specifies a particular method of acceptance, the offeree must use that method to ensure the acceptance is valid.
  • If no mode is prescribed, acceptance may be communicated through any reasonable method. If the offeror objects to the mode used, they must inform the offeree within a reasonable time; otherwise, acceptance is deemed valid as per Section 7(ii).

• Mental acceptance is not valid:

  • Simply deciding internally to accept an offer does not constitute a valid acceptance. The acceptance must be communicated in a manner that makes it known to the offeror.

• Acceptance must be communicated by the offeree:

  • Only the offeree or someone with authority from the offeree can communicate the acceptance.
    • Powell v. Lee (1908): In this case, a school committee resolved to appoint a headmaster but did not inform the candidate. An unauthorized member communicated the appointment to the plaintiff. Later, the committee changed its decision.Plaintiff sued. The court ruled that since the communication was not officially authorized, there was no binding contract.

• Acceptance must be given within a reasonable time:

  • An offer must be accepted within a reasonable time frame, particularly when time is a factor in the nature of the offer.
    • Ramsgate Victoria Hotel v. Montefiore (1866): Montefiore offered to buy shares in the Ramsgate Victoria Hotel but received acceptance several months later. The court held that the delay was unreasonable, and hence, the offer had lapsed by the time the acceptance was communicated.

Law of Torts

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Faculty Name: Dr. Pavani

Damnum Sine Injuria and Legal Remedy

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Damnum Sine Injuria

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Definition: Damnum sine injuria refers to damage without legal injury, meaning there is no liability. It involves situations where damage occurs without unauthorized interference with the plaintiff’s lawful rights. Legal action requires a violation of a legal right, not just the occurrence of damage.

Key Cases

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• Gloucester Grammar School Case (1410)

  • Summary: A former teacher opened a competing school, causing economic loss to the plaintiff’s existing school. The court ruled that since the competition was lawful and no legal rights were violated, the plaintiff could not claim damages despite financial loss.

• Town Area Committee v. Prabhu Dayal (AIR 1970)

  • Summary: The plaintiff’s shops were demolished by the Town Area Committee due to lack of permission. The court held that since the constructions were illegal, their demolition did not constitute a legal injury.

• Moghul Steam Ship Co. v. McGregor Gow & Co. (1892)

  • Summary: Defendants formed a shipping association and offered reduced freight rates to protect their business interests, causing plaintiffs to go out of business. The court found no unlawful acts or conspiracy, as the defendants’ actions were lawful business practices.

• Bradford Corporation v. Pickles (1895)

  • Summary: The defendant drained water by digging in his land, affecting the claimant’s reservoir located in the nearby land. The court ruled that exercising property rights lawfully, regardless of motive, did not constitute a legal injury.

• P Narsimha v. Commissioner and Special Officer

  • Summary: A man’s vehicle was towed in Nellore, AP by the authorities for being in a no park zone. Court held that since it was a no parking zone, the authorities had the right to tow away the vehicle and it did not constitute violation of a legal right.

Conclusion

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The principle of damnum sine injuria underscores that not all harm is actionable in law; there must be an infringement of a legal right for liability to arise.

• Legal Remedy: The core of justice is having an effective remedy for every wrong. A legal remedy corrects or redresses a wrong or injury, providing a means for recovery or assertion of a right. Without a remedy, a right remains ineffective. This is captured in the principle Ubi jus, ibi remedium—“where there is a right, there is a remedy.”

Tort vs. Breach of Contract

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Family Law - 1

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Faculty Name: Dr. Sriveni
Unit: 1 - Marriage

Section 8 | Registration:

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• Central Government lays down the procedure for marriage registration.
• AP Compulsory Marriage Registration Act 2002: Requires registration of marriages in Telugu states, with a nominal fine of ₹25 for delays.
• Special Marriage Act Requirements:
  • 30-day notice.
  • Both parties must be 21 years old. (This was told in class. However, some reseach online says 18 for bride and 21 for groom in the official Act).
  • Must not fall within prohibited degrees unless custom permits.
  • No bigamy permitted; applicants must live in the district for 30 days before applying.
  • Hindus who are interested in registered marriage can opt for Special Marriage Act 1954.

Section 9 | Restitution of Conjugal Rights:

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• Conjugal Rights: Refers to the right of spouses to cohabit, share companionship, and maintain a marital (sexual) relationship.
• Restitution of Conjugal Rights (RCR) allows a spouse to petition the court if the other spouse withdraws from the conjugal society of the other without a reasonable cause.
  • RCR is granted only in case of Desertion of the spouse by the other spouse. If there is any reasonable cause, RCR is not granted.
  • Case: A.E. Thirumal v. Rajaram: The parties had an agreement to live in a separate house after marriage, the court ruled the agreement to be void, stating pre-marital and post marital agreements are void.
  • Case: Mirchumal v. Devi Bhai: The husband sought RCR when his wife lived away for her job. The court denied RCR, noting that the wife had a genuine interest in maintaining contact and visiting the matrimonial home when possible and free during breaks from her work.

Environmental Law - 1

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Faculty Name: Dr. Kalyani

Biodiversity:

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• Biodiversity Act 2002: Enacted after the 1992 Convention on Biological Diversity, this act focuses on conservation and equitable sharing of biological resources.
• Bio-piracy: Refers to the practice of exploiting knowledge of indigenous tribes under the guise of research and attempting to patent the same as their own. Some pharmaceutical companies in western countries visited India, saw what tribes in forests were doing for things like snake bites and went back to create the same medicine knowing of this practice and patenting it.
• Significance of Biodiversity:
  • Food and Medicine: Biodiversity provides a rich source of food and plant-based medicines.
  • Ecosystem Services: Biodiversity helps in soil conservation, flood control, and maintaining the food chain.

Conservation of Biodiversity

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• In-situ Conservation: Conservation of species in their natural habitats.

  • National Parks: Protected areas for the conservation of wildlife and their ecosystems. E.g. KBR Park, Hyderabad
  • Wildlife Sanctuaries: Areas dedicated to protecting wildlife with minimal human interference. E.g. Etunagaram Wildlife Sanctuary.
  • Biosphere Reserves: Large areas for conservation of biodiversity, including plants, animals, and microorganisms. E.g. Nilgiri Biosphere reserve, Karnataka.
  • Sacred Groves: Forest areas protected by local communities due to religious beliefs. E.g. Srisailam forests AP.

• Ex-situ Conservation: Conservation of species outside their natural habitats.

  • Zoological Parks: Facilities for conserving animal species and educating the public. e.g. Zoo Park, Hyderabad
  • Botanical Gardens: Gardens that conserve plant species for research, education, and display. e.g. Andhra University Botanical Garden, Vizag.
  • Gene Banks: Repositories for storing genetic material of plants and animals.e.g. National Bureau of Plant Genetic Resources (NBPGR) in New Delhi, ICRISAT - Hyderabad.
  • Cryopreservation: Preservation of seeds, eggs, or embryos at extremely low temperatures for future use. e.g. National Bureau of Plant Genetic Resources (NBPGR) in New Delhi.

• Biodiversity Hotspots: Regions with significant levels of biodiversity under threat.

  • The term was introduced by Norman Myers in 1988.
  • India has notable hotspots in the Eastern Himalayas in areas such as Sikkim and Arunanchal Pradesh and Western Ghats.

Constitutional Law - 1

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Faculty Name: Dr. Gangadhar Rao

Articles 1-4 of the Constitution of India

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• Article 1:

  • Declares that India is a Union of States. The term “Union” suggests that the states do not have the right to secede from the union. However, the Constitution does not explicitly state whether India is unitary or federal.
  • In SR Bommai v. Union of India, the Supreme Court held that India is a federal state with a strong centralising tendency. The union is considered indestructible and inalienable, meaning that no state can leave the union.
  • In contrast, in the USA, each state has the option to leave the union, reflecting a true spirit of federalism.

• Article 2:

  • Governs the admission of new states into the Union. This process requires a constitutional amendment.
  • Examples of states admitted into the Union after independence include Sikkim, Goa, Daman & Diu, and Puducherry.

• Article 3:

  • Empowers the Parliament to create new states, alter state boundaries, and change the names of states. These matters fall under the Union List.
  • Notable instances include:
    • Andhra State was created in 1953:
      • Established following the JPV Commission.
      • Kurnool served as the temporary capital.
      • Guntur housed the High Court.
    • Andhra Pradesh was formed in 1956:
      • Based on the recommendations of the Fazl Ali Commission.
    • Gujarat was formed out of Bombay State.
    • Telangana was created out of Andhra Pradesh in 2014.

• Article 4:

  • Specifies that whenever a law is made under Articles 2 or 3, necessary changes must be made in Schedule 1 (which lists states and territories) and Schedule 4 (which allocates seats in the Rajya Sabha).
  • Art 4 says that any changes that are made using Articles 2 or 3 which necessitate changes in the Schedules are not considered Constitutional Amendments.

Note: All 5 classes were conducted today.