Class Notes - Day 31

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Date: Monday, November 4th, 2024

Today, only three classes were conducted: Contracts - 1, Law of Torts, and Environmental Law.

Classes were suspended at 12:00 PM because our college was designated as an exam center for Osmania University External Exams.

You can find notes from the previous day (day 30) here

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Contracts - 1

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Faculty: Dr Radha Kumari

A Contract Without Consideration is Void

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The general rule in contract law is that a contract without consideration is void, as stated by the Latin maxim “Ex nudem pactum non oritur actio” (a bare promise does not give rise to an action). However, there are exceptions to this rule under Sections 2(1) and 25 of the Indian Contract Act.

Exceptions to the Rule

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1. Love and Affection (Section 25(1))

   • If an agreement is made in writing, signed, and registered (if required), and is based on natural love and affection between parties who are in a close relationship, then the agreement is enforceable even without consideration.
   • Requirements:
     • Agreement in writing
     • Signed by the parties
     • Registered, if necessary
     • Based on natural love and affection
     • Parties are in a close relationship (e.g., parent-child, husband-wife)
   • Example: A father promises to give his son Rs. 100 out of natural love and affection, puts it in writing, and registers it. This is a valid contract.
   • Case: Rajlukhy v. Bhoothnath
     • Facts: The husband wrote a letter to his wife stating the quarrels between them, in a later part of the same letter, he promised to pay a maintenance. The court held that there was no natural love and affection since quarrels were mentioned, making the agreement unenforceable.

2. Compensation for Voluntary Services (Section 25(2))

   • A promise to compensate someone who has voluntarily done something for the promisor is enforceable even without consideration.
   • Example: A finds B’s wallet and returns it to him. B then promises to pay Rs. 100 to A as a reward. This promise is enforceable. The consideration is the voluntary act.

3. Promise to Pay a Time-Barred Debt (Section 25(3))

   • A debt that remains unpaid beyond the period of limitation (currently three years) becomes legally unenforceable. At this juncture, the person loses the legal remedy but retains the legal right. However, if the debtor subsequently promises in writing to pay this time-barred debt, the promise is enforceable.
   • Requirements:
     • Promise in writing
     • Signed by the debtor

4. Completed Gift

   • A gift, once completed, is enforceable even if it lacks consideration.
   • Requirements:
     • Two parties involved: Donor and Donee
     • Agreement in writing
     • Registration, if required
     • Acceptance by the Donee

5. Charitable Subscriptions

   • Charitable subscriptions are enforceable if there is a detriment caused by reliance on the promise.
   • Case: Abdul Aziz v. Masum Ali
     • Facts: The agreement was not supported by consideration, and thus, the court held it unenforceable. There was no detriment.
   • Case: Kedarnath v. Gauri Mohammed
     • Facts: The plaintiff proved he had spent money on renovations based on the promise. The court allowed him to recover his expenses as he proved detriment.

6. Agency (Section 185)

   • An agency relationship is valid even without consideration. The agent acts on behalf of the principal, and the principal is liable for the agent’s actions.

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Capacity of the Parties

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For a contract to be valid, the parties involved must be legally capable of entering into a contract. Section 11 of the Indian Contract Act specifies who is competent to contract.

Who is Competent?

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1. Major: The person must be above 18 years of age in India.
2. Of Sound Mind: The person must be capable of understanding the contract and forming a rational judgment.
3. Not Disqualified by Law: Certain categories of individuals, like alien enemies, diplomats, insolvents, and convicts, may be legally disqualified.

Who is Not Competent?

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1. Minors: Contracts with minors are generally void.
2. Persons of Unsound Mind:
   • Includes individuals like idiots, lunatics, and those under the influence of drugs or alcohol.
3. Persons Disqualified by Law:
   • Alien Enemy: A person belonging to a country at war with India.
   • Sovereigns, Ambassadors, Diplomats: Protected by immunity.
   • Insolvents: Bankrupt persons.
   • Convicts: Certain legal disabilities apply.
   • Corporations: Limited to actions within their legal powers.

Test of Soundness (Section 12)

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It is the responsibility of the contracting party to ensure that the other party meets the “Test of Soundness.” This means that the individual must be capable of understanding the contract and its implications.

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Important Case: Mihir Bibee v. Dharmodas Ghosh

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• Facts: In this case, Dharmodas Ghosh, a minor, mortgaged his property in favor of Brahmo Dutt, a moneylender. At the time of the contract, Dharmodas was a minor, and Brahmo Dutt’s agent was aware of this. Dharmodas later sought to have the mortgage deed canceled and claimed that he was a minor.
• Issue: Can a minor enter into a contract that is enforceable by law?
• Judgment: The Privy Council held that a contract entered into by a minor is void ab initio (void from the beginning) and cannot be enforced. Even if the minor falsely represents his age, the contract remains void as a minor cannot be estopped from pleading minority.
• Significance: This case established the rule that contracts with minors are void and unenforceable, thereby protecting minors from being held to contractual obligations they may not fully understand. This is a landmark case that is being cited for minor related matters even today.

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Law of Torts

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Faculty: Dr Pavani

General Defenses in Tort Law

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We are continuing from the previous day. Hence, we have started from No 2. You can find previous notes here.

2. Inevitable Accident

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An inevitable accident is an accident that could not have been prevented even with the exercise of ordinary care, caution, and skill. It refers to an incident that is physically unavoidable, with all necessary precautions taken to prevent it.

Types of Inevitable Accidents

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1. Elementary Forces of Nature: Accidents caused by natural forces without human intervention, such as earthquakes or sudden lightning strikes.
2. Human or Other Causes: Accidents that, despite being influenced by human actions, remain unavoidable due to unforeseen circumstances.

Key Cases

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• Stanley v. Powell: In this case, Powell was a member of a shooting party. He accidentally shot and injured Stanley when a pellet ricocheted off a tree. The court held it as an inevitable accident because Powell had not acted negligently, and the injury occurred despite his caution.

• Brown v. Kendel: Two dogs were fighting, and while separating them, Brown accidentally struck Kendel with a stick. The court held that Brown was not liable, as the accident was inevitable given the circumstances and there was no intent to harm.

• Padmavati v. Dugganaika: Two people were given a lift in a jeep. The driver lost control due to mechanical failure(front tire came off), leading to an accident. The court held this as an inevitable accident, emphasizing that despite reasonable precautions, the incident occurred due to unforeseen mechanical failure.

Essentials of Inevitable Accident:

1. The event must be unforeseeable.
2. The consequences must be unavoidable.
3. The accident must have occurred despite all reasonable precautions.

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3. Act of God (Vis Major)

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An Act of God refers to a direct, violent, sudden, and irresistible act of nature that could not have been foreseen or, if foreseen, could not have been resisted with any amount of human care or skill. Common examples include lightning, floods, earthquakes, and extraordinary rainfall.

Essentials of Act of God

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1. Working of Natural Forces: The event must be caused by natural forces alone without human intervention.
2. Extraordinary and Unforeseen: The occurrence must be unusual and not something that could have been anticipated and guarded against.

Key Cases

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• Nicholas v. Marshland: The defendant had a series of artificial lakes on his land. Due to an unprecedented and violent rainstorm, the banks of the lakes broke, causing floodwaters to damage the plaintiff’s property. The court held that this was an Act of God, as the flood was caused by natural forces that could not have been reasonably anticipated or prevented.

Essentials Summarized:

• The event must be extraordinary.
• The cause must be natural, not arising from human actions.
• The event must be one that could not have been reasonably anticipated or guarded against.

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4. Private Defence

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The right of private defence allows individuals to protect themselves, their property, or possessions from unlawful harm using reasonable force. The law justifies the use of force for self-defence to the extent that it prevents further harm. However, the force must be proportionate to the threat faced.

Key Principles of Private Defence:

• The use of force must be reasonable and necessary under the circumstances.
• Excessive force beyond what is required to prevent harm is not permitted.
• The right to self-defence arises only in response to an immediate and unlawful threat.

Note: The right of private defence is recognized under tort law to prevent an individual from suffering harm and to deter wrongful acts.

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Environmental Law

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Faculty: Dr Vijaya Kalyani

I couldn’t note down everything but here is the gist.

Ozone Layer Depletion

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• World Ozone Prevention Day: Celebrated on September 16th each year to raise awareness about the need to protect the ozone layer.

Fun Fact: This day happens to be my birthday so it is quite easy to remember for me.

How to Prevent Ozone Layer Depletion

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• Use Unleaded Gasoline: Reduces the release of harmful substances that deplete the ozone layer.
• Equip Vehicles with Catalytic Converters: Helps to reduce harmful emissions from vehicle exhaust.
• Avoid Smoking: Both active and passive smoking contribute to air pollution, which indirectly affects ozone depletion.

Control Measures

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• Plant Trees: Trees absorb carbon dioxide and help mitigate the effects of pollution.
• Avoid Burning Plastics: Burning plastics releases harmful chemicals that contribute to ozone depletion and air pollution.

Montreal Protocol

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• Year: 1987
• Purpose: A global agreement where nations committed to significantly limit the production of CFCs (Chlorofluorocarbons), which are harmful to the ozone layer.

Copenhagen Amendment

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• Year: 1992
• Objective: Nations aimed to eliminate most CFCs by 1995 to further protect the ozone layer.

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Effects of Ozone Thinning on Animals and Plants

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• Amphibians: Increased UV light can harm amphibian populations, such as toads and salamanders, by reducing the survival of their eggs and affecting various stages of their life cycles.
• Plants: UV radiation can interfere with photosynthesis, leading to stunted plant growth and reduced crop yields.

Effects of Ozone Depletion

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• Climate Effects: Temperature fluctuations and rainfall patterns are disrupted.
• Climate Change: Contributes to global warming and extreme weather conditions.
• Crop and Forest Damage: Ozone depletion impacts the productivity of crops and forests.
• Ocean Ecosystem Impact: Reduction in plankton affects the food chain, leading to fewer fish harvests.
• Health Impacts on Animals: Increased infections and skin diseases due to heightened UV exposure.
• Reduced Plant Chlorophyll: UV radiation can reduce chlorophyll in plants, affecting their growth and health.

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Resources Shared by Faculty

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Below are resources provided by Dr Vijaya Kalyani for further study on environmental topics:

1. Environment Conservation in Ancient India
2. Global Warming: Definition, Causes, and Effects
3. Global Warming for Kids
4. UNFCCC - United Nations Framework Convention on Climate Change
5. Kyoto Protocol
6. Environmental Pollution as a Tort: Overview and Analysis
7. Bhopal Disaster Overview
8. Case Study on Bhopal Gas Tragedy
9. Bhopal Gas Tragedy - Legal Perspective
10. Concept of Strict Liability in Torts
11. Concept of Absolute Liability
12. Case Analysis: M.C. Mehta vs Union of India (1986)
13. Case Comment: M.C. Mehta vs Union of India (1987)

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