Class Notes - 25th September, Wednesday, 2024

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These are the notes from the classes held on 25th 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 – I

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Faculty: Ms. Radha Kumari

• Intention to create legal relations: The agreement must be enforceable by law.

  • Section 2(e): An agreement refers to a set of promises forming the consideration for each other.
  • Section 2(f): Reciprocal promises are promises that form the consideration for each other.

• Capacity: Legal ability to enter a contract.

  • Section 2(g): An agreement not enforceable by law is void.
  • Example: Contracts with minors or agreements without consideration are void.

• Free Consent: Consent must be free from coercion, undue influence, or misrepresentation.

  • Section 2(i): A voidable contract is enforceable at the option of one party.
  • Example: A car worth 1 crore sold for 20 lakhs under coercion could render the contract voidable.

• Lawful Object: The contract’s object must be legal.

  • Section 2(j): A void contract ceases to be enforceable by law.
  • Example: Contracts with alien enemies.

Contract Definitions:

• Pollock: A contract is every agreement and promise enforceable by law.
• Sir William’s Anson: A legally binding agreement between persons that defines rights and obligations.
• Salmond: Contract is an agreement creating and defining obligations between the parties.

Complete Law of Contracts subject can be seen here.

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Law of Torts

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Faculty: Ms. Pavani

• Injury: Any damage is considered an injury.
• Writ: A writ is issued by the King and is a formal written command. These are no longer in existence. These Writs are not to be confused with Constitutional Writs (habeaus corpus, ceritiori etc.)

Writ Shop (Officina Brivium)

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• The Writ Shop, or Officina Brivium, was the place where writs were filed in the old English legal system. It played a crucial role in enabling individuals to bring legal claims before the court.

• Writs were official legal orders issued by the King or his officers, and they allowed plaintiffs to file claims against those who had wronged them. The writ system was the foundation of the common law system.

• A writ shop would accept various types of claims, including trespass, where plaintiffs could directly file their case without needing extensive proof. This process streamlined the legal system and made access to justice more efficient.

• There are two types of Writs

• Action on Trespass: Involves unauthorized entry onto someone’s land or property.

  • No proof is required as trespass is actionable per se.
  • Action on Trespass on the Case: Deals with indirect harm and is actionable per se. Proof is required.

• Maxims:

  • Ubi Remedium Ibi Jus: “Where there is a remedy, there is justice.” It means if a remedy is available for a wrong, justice can be served. People can pay damages and get away with anything.
    • Example: In cases of nuisance, the plaintiff can claim damages without needing to prove special damage.
  • Ubi Jus Ibi Remedium: “Where there is a right, there is a remedy.” It states that if a person has a legal right, they should have a means to enforce it. People cannot get away with anything they want by paying damages.
    • Example: In Ashby v. White (1703), Ashby was denied his right to vote, and despite no tangible harm, he won the case because his right was infringed.
    • This is the system that has paved the way for the present day legal system.

Go to Unit-I: Nature of Law of Torts

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Environmental Law - I

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Faculty: Ms. Vijaya Kalyani

Types of Ecosystems

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1. Natural:

• Terrestrial: Forest, Grassland, Desert.
• Aquatic:
  • Freshwater: Lentic (lakes), Lotic (rivers), wetlands.
  • Marine: Oceans, seas.

2. Artificial: Man-made ecosystems such as cities, gardens, and agricultural systems.

Structure of Ecosystems

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• Species Composition: The type and number of species in different ecosystems.
• Stratification: Layers of species (e.g., canopy layer in forests).
• Trophic Organization: Refers to the feeding relationships in ecosystems.
  • T1: Producers (plants).
  • T2: Herbivores (primary consumers).
  • T3: Primary carnivores (secondary consumers).
  • T4: Secondary carnivores (tertiary consumers).
  • T5-T6: Further levels of carnivores.

Functions of Ecosystem

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1. Productivity: The rate at which food is produced.

• Primary Productivity: Rate at which producers capture and store energy.
  • Gross Primary Productivity: Total energy captured by producers.
  • Net Primary Productivity: Energy remaining after respiration.
    • NPP = GPP - Respiration
• Secondary Productivity: Rate at which consumers resynthesize organic matter.
• Decomposition: Breakdown of organic matter back into the soil.

Constitutional Law - I

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Faculty: Mr. M. Gangadhar Rao

Types of Constitutions

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1. Unwritten: Guided by laws but no formal constitution. Parliament is Supreme

• Examples: England, Israel, Saudi Arabia, Bahrain, Yemen, Oman.
• Pros: Flexibility and high central power.
• Cons: Lack of legal certainty.

2. Written: Governed by a formal constitution. Judiciary is Supreme

• Examples: India, USA.
• Pros: Clearly defined laws and rights. Better for multi-cultural and multi-racial countries.
• Cons: Difficult to amend, requiring a complex process for changes.

3. Unitary: All powers rest with the central government.

• Example: United Kingdom.

4. Federal: Powers are shared between central and state governments.

• Example: India, USA

Some experts also refer to these constitutions as rigid and flexible.

Examples of Various Countries and their Type of Constitution

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Faculty for Family Law - I, Ms. Sriveni, was absent due to illness.