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Found 727 Articles for Introduction To Law
51 Views
Discharge of contract is the primary purpose of the law of contract, as it indicates that the contractual relationship between the parties has come to an end due to its completion. The term discharge basically implies that the parties are discharged or absolved from their liability to perform any act that was due in the contract; hence, they are no longer bound to do something as prescribed, and no liability for any action would be undertaken against them for the same. Though ideally, the performance of obligations under the contract entails its completion, in certain circumstances, some other factors ... Read More
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A contract defines a legal relationship and subsequent obligations between the parties involved in any sort of transactions preferably professional in nature, and its enforceability is governed by the doctrine of privity that protects the sanctity of the contract. Thus, a contract can be either enforced or performed by those who are parties to it. Although the right to claim performance of a contract can also be claimed by those persons to whom the right devolves either under the contract or by virtue of law, as provided under Section 45 of the Contract Act. Likewise, the devolution is granted ... Read More
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In the last two decades, with the advancement of computer and internet technology, the cyber-crimes have exponentially evolved and affected not only the businesses but also the people at personal level globally. There are different types of crimes evolved in the cyber space such as hacking, computer viruses, identity theft, bank fraud, phishing, cyberterrorism, cyberextortion, ransomware, cybersex trafficking, cyberwarfare, etc. Therefore, in order to combat and curb all these crimes, cyber law is legislated. What is the Meaning of Cyber Law? Cyber law is one of the newest pieces of legislation that is design to combat the growing crimes ... Read More
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A contract is formed when the acceptance of an offer was made by the offeree comes to the knowledge of the offeror, and this acceptance can be communicated to the offeror either personally or by using any other mode of communication. As there is no specific mode of communication of offer or acceptance provided in the Indian Contract Act, 1872. Therefore, it is understood in general that any mode that is either prescribed in the offer or prevalent in the usual course of business can be used for the purpose. How is Acceptance or an Offer is Communicated? A ... Read More
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Anticipatory breach of contract is a disregarded practice of the law of contract all around the world as the conduct of a party defeats the purpose of making a contract, thus requiring strict action from the other party for the imposition of a stringent penalty for suffering an undue loss. It is also a method of discharge of contract because once a party denies performing its part or obligation, the other party has the liberty to either claim damages or to claim enforcement from the court in order to terminate the contractual relationship between the parties. What is the ... Read More
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A witness, usually can be seen in the witness box of the court; who is present there to testify or interpret the story that he or she has seen. A competent witness is one who has the capability and aptitude to comprehend the questions posed to him by the court, according to section 118 of the Indian Evidence Act. He is a competent witness if he can comprehend the questions and provide thoughtful responses. Who is a Witness? A "witness" refers to an individual who has observed an event, situation, or transaction and competent enough to provide all information ... Read More
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Except in circumstances when an arrest without a warrant is permitted by law or statute, a warrant must be obtained before an arrest can be deemed lawful. The warrant is typically issued at the request of a complainant who submits an affidavit with sufficient evidence to support the allegation that an infraction has been committed and the accused is the responsible party. Usually, the complainant must swear that the facts mentioned are true and are in his or her firsthand knowledge. What is Warrant? A warrant is a legal document issued by a court or authorized government official ... Read More
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Usually, there are two systems to trial a criminal case; the first one is, bench trial, and second one is, jury trial. In a jury trial, in the presence of a judge, a group of people decide the case verdict, as opposed to a bench trial, when the judge decides the case. An exclusive jury decision is referred to as a verdict. Only after hearing all sides of the argument and considering all available evidence will the jury render a verdict. However, in Indian judicial system, there is no scope of jury trial. What is Verdict? A verdict is ... Read More
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When the Professional and Amateur Sports Protection Act, 1992 (PASPA), was declared unlawful by the Supreme Court in the case of Murphy v. NCAA, the sports gambling industry underwent a significant change. The ruling eliminated the government’s ban on sports wagering in the country. Gambling, especially sports gambling, has always been seen negatively in this nation. Congress reacted harshly to the sector, prohibiting gambling on sports in part as a result of the widespread perception of its immorality and the organised crime that surrounds it. But, the general public's perception of sports gambling changed, and some states pushed ... Read More
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This is the fundamental description of a prosecutor's job, but the actual work varies from nation to nation depending on whether the adversarial common law system or the inquisitorial system is used. In some nations, the prosecutor's role encompasses the entirety of the investigation process, including getting involved in the police investigation, gathering evidence, etc. In other nations, there is no interference, but it is still ensured that the accused's rights are upheld and that everything proceeds in accordance with established procedures. Who is a Prosecutor? A prosecutor is known as the state's agent, and he assists the ... Read More