Day 5 at Padala Rama Reddi Law College 3Y LLB

Class Notes - 23rd September, Monday, 2024

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These are the notes from the classes held on 23rd 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.

Law of Contracts - 1

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Faculty: Ms. Radha Kumari

Indian Contract Act 1872

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The Indian Contract Act 1872 came into force on 1st September 1872, and it applies across India. The Act governs the laws relating to contracts and defines the circumstances in which promises made by parties become legally binding.

The primary object of the Act is to allow parties to realize their reasonable expectations from a contract. This Act ensures that agreements which satisfy certain legal criteria are enforceable, and that parties can define their rights and obligations, which the law will uphold.

The Act deals with jus in personam, which means rights enforceable against a specific individual, arising out of contracts, unlike jus in rem, which involves rights enforceable against the world at large. This is crucial because Law of Contracts governs only those agreements that result in enforceable rights and obligations between specific parties.

Contract = Agreement + Enforceability

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• Section 2(h) of the Indian Contract Act defines a contract as any agreement that is enforceable by law. An agreement, in turn, is defined as a promise or set of promises.
• Agreement = plurality of persons + consensus ad idem
  • Consensus ad idem means that all parties involved must agree to the same thing in the same sense at the same time.

Quasi Contracts

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Quasi contracts are obligations imposed by law in certain situations where no actual contract exists between the parties. These arise when one party is unjustly enriched at the expense of another, even though there was no agreement between them. A detailed example of this would be a finder of lost goods, who has a duty to return the goods to their rightful owner. If the finder fails to do so, they may be held liable under the concept of quasi-contracts.

There are cases where non-legal agreements may receive legal backing. It is based on circumstances. To gain some legal remedy, there must be some detriment. Detriment means that a person has spent some money on the promise of another. In case of a charitable agreement, an agreement which cannot be enforced by law, there have been cases wherein, after showing that there was a detriment to the plaintiff, the court has awarded damages.

1. Kedar Nath Bhattacharji v. Gorie Mohamed (1886)

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• Facts: In this case, Kedar Nath, a member of the municipality, promised to donate money for the construction of a town hall. Based on his promise, the municipal authorities entered into contracts with various builders and suppliers, incurring financial obligations. However, Kedar Nath later refused to honor his promise.
• Legal Issue: The central question was whether Kedar Nath’s promise, which was charitable and not legally binding at the time of the agreement, could become enforceable due to the detriment incurred by the municipality.
• Outcome: The court ruled in favor of the municipality, stating that because they had acted upon Kedar Nath’s promise and had suffered financial detriment by entering into contracts, the promise became enforceable. Kedar Nath was held liable for the promised donation. The court held that when a promise leads to a detriment on the part of the promisee, it can give rise to a legal obligation.

2. Abdul Aziz v. Masum Ali (1914)

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• Facts: In this case, the defendant, Abdul Aziz, promised to donate ₹500 to a mosque for the purpose of constructing a school. Based on this promise, the mosque trustees began preparations for the construction, expecting the funds to materialize. However, Abdul Aziz later refused to pay the promised amount.
• Legal Issue: Whether the promise made by Abdul Aziz, which was of a charitable nature, could be enforced due to the preparations and expenses incurred by the mosque trustees.
• Outcome: The court held that although the original agreement was charitable and thus non-enforceable in itself, the mosque trustees had taken steps in reliance on Abdul Aziz’s promise. As they had suffered detriment by preparing for the construction of the school, the court ruled that Abdul Aziz’s promise became enforceable, and he was liable to pay the ₹500.

Law of Torts

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Faculty: Ms. Pavani

Interlocutory Application (IA)

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An Interlocutory Application (IA) is a petition filed in the court to seek an interim or temporary relief before the final judgment in a case. An IA does not decide the rights of the parties finally but provides temporary solutions to ensure that no irreparable harm is done while the matter is still pending. It addresses issues that need immediate attention during the course of litigation. The court may issue directions, temporary injunctions, or status quo orders based on an IA.

Types of Interlocutory Applications:

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1. Temporary Injunction: Filed to temporarily stop an action (such as construction) until the final resolution of the case. The court issues a temporary order, often for a set period (e.g., 60 days), after which it may be extended or dissolved based on further applications.
2. Status Quo Orders: Filed to maintain the current state of affairs during the pendency of the litigation. This is typically used to prevent changes to property or other disputed items while the court is deciding the case.
3. Measurement of Property: Filed to request the court to order a measurement of immovable property or inventory as part of an ongoing dispute.
4. Testimony with Elderly Persons: If a key witness is of advanced age, an IA can be filed to request early deposition or testimony to preserve their statements for the final hearing.

Stages of a Lawyer’s Career

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1. Work Work Work - No Money
At the start of a lawyer’s career, when working under a senior advocate, there is typically a lot of work, but no set salary. Junior lawyers are expected to learn by taking on substantial workloads, preparing documents, researching cases, and assisting with trials. However, there is little to no monetary compensation at this stage. The key here is being proactive, asking for more responsibilities, and learning the ropes.

The real learning happens in Original Jurisdiction. Original Jurisdiction refers to the courts where cases are filed for the first time and are heard from the beginning to the end. These include District Courts, Senior Civil Judge, and Junior Civil Judge courts. In these courts, a lawyer gets to learn the entire process—from filing a suit, gathering evidence, presenting witnesses, and cross-examinations to final arguments. The learning is comprehensive as it involves handling every aspect of a case from start to finish.

People who are carried away with working in High Court and Supreme Court due to the status may not learn everything. Dr Pavani suggests that one at least work 6 months or more in a District Court level to learn the ropes as an advocate.

2. Work Work - Some Money
After gaining experience in Original Jurisdiction, a lawyer starts to earn some money. This stage typically involves handling minor cases independently, appearing in court, and preparing legal documents. The compensation starts to increase but is still not very high.

3. Money Money Money - No Work
At this stage, after building a solid reputation, a lawyer gains recognition as an expert in their field. Clients approach the lawyer based on their strong brand and reputation alone. The nickname or reputation of the lawyer sways cases in their favor, even before the court proceedings. This is where senior advocates rarely need to engage in the groundwork, as their brand and experience speak for themselves. Junior lawyers handle the bulk of the legwork, and the senior advocate’s mere presence or advice is enough to influence the outcome of the case.

Constitutional Law - 1

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Faculty: Mr. Gangadhar Rao

Written vs Unwritten Constitution

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• Unwritten Constitution: An unwritten constitution is a collection of laws, customs, traditions, and judicial decisions that have developed over time. Countries like the United Kingdom and New Zealand follow an unwritten constitution, where laws are derived from statutes, legal precedents, and parliamentary practices.
• In the UK, Parliament is superior to the judiciary. In USA and India, judiciary is supreme.
• Written Constitution: A written constitution, like in India and the United States, is a formal document that defines the structure of government and the rights and duties of citizens. It is rigid and can only be amended through specific procedures.
• India’s Constitution is a quasi-federal system, adopting features from both the British parliamentary system and the American federal system, ensuring a balance of power between the center and the states.

Environmental Law - 1

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Faculty: Ms. Vijaya Kalyani

Types of Environment

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• Natural Environment: The environment created by nature, such as forests, rivers, oceans, and mountains.
• Anthropogenic Environment: The environment created or influenced by human activity, such as cities, factories, and roads.

Components of Environment

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1. Abiotic: Non-living components like temperature, sunlight, water, wind, and soil.
2. Biotic: All living organisms, including plants, animals, and microorganisms.

Environmental Ethics:

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1. Protection of Natural Resources
2. Conservation of Non-Renewable Resources
3. Optimal Use of Resources
4. Adopt sustainability as a way of life
5. Avoid Consumerism

Note:

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Faculty for Family Law - 1, Ms. Sriveni, is absent as she is unwell. Her session was taken by Ms. Radha Kumari for Contracts - 1.