Found 1005 Articles for Legal Studies

When The Court states an argument as ‘a fortiori’ it generally suggests one argument is dependent on another that is so strong that it ultimately is unanswerable. However, an argument a fortiori can be rebutted by questioning if such a conclusion can actually be drawn from the stronger argument. This refers to a circumstance in which if one argument or thing presented is true, it can be inferred that another is considerably more certain to be true. In simpler words If it has been proved that a person is deceased, it is equally or more certain that the person is ... Read More

When the Court states a conclusion, judgment or an argument as an ‘a priori’, that is necessarily true, and cannot be proved by experience or refuted by experience. Moreover is known to be true by a process of reasoning independent of all factual evidence. The phrase is frequently used to denote a conclusion that is assumed to be certain or that is made presumptuously, without consideration or research. Generally an a priori determination is made prior to conducting an investigation, to identify different kinds of knowledge, justification, or argument based on how much they rely on experience. What is A ... Read More

Posteriori which means after experience or after the analysis of fact refers to that knowledge is acquired by a person through observations, experiences, or empirical shreds of evidence this kind of knowledge is merely based on the facts that can be verified through scientific experiences. According to the Law, A Posteriori refers to a legal decision or judgment that is given by the judge after going through all the facts that were presented before him or based on some past events and shreds of evidence. Such facts on which the decision of the court is based have already occurred and ... Read More

Consideration signifies the purpose of the making of a contract; hence, its existence is necessary for its completion, and therefore, a contract without consideration is considered void under the law, which means that the contract never came into existence. The rule with respect to consideration is absolute in English law; however, there are certain limited exceptions to it under Indian law due to the special cultural and social customs of the communities. Although the limited nature and enforcement of these exceptions always protect the inherent purpose of a contract while balancing different interests, What is the meaning of a ... Read More

Privity of Contract is a rule of contract law that initially developed under the common law system of Britain and is prevalent in contemporary times all across the world. It is one of the essential principles in protecting the sanctity of contracts and the rights of parties thereto, as it bars or excludes any third party from claiming the enforceability of the contract in order to safeguard the interests of parties to the contract. Though there are certain exceptions to this rule that are developed by courts to implement the purpose of contracts for the protection of the third ... Read More

We humans always want more and better things in life. The world is growing day by day, changing our lifestyle with time. And, through globalization, people of different countries exchange their products, living-styles, and even ideas. Structures and patterns may change in the new globalisation with time, but the impact is the same as the old, and that is progress. By hook or crook, we will have to go with the flow. What is called “Globalization”? The term “globalization, ” as we know, came after World War II and it means interaction. Interaction and communication among people all over ... Read More

The Indian Contract Act, 1872 governs and regulates the formation, performance and completion of contracts while also providing reliefs and liabilities arising from their breach. Its provisions provide a categorical mechanism not only for the creation of contracts but also for the performance of the rights and duties arising from the contract in a due manner. A contract is although an agreement among persons, enforceable by law however its foundation is laid by an intention to create the legal relationship in itself which is evident from an offer, the first stage of a contract. What is the Meaning of ... Read More

Consideration constitutes the substance and objective of the contract; therefore, it is essential for its validity. Moreover, under the Indian Contract Act, 1872, a contract without consideration is void, subject to certain definite exceptions. The amount of significance that is attached to consideration is due to the determinative nature of amplification used in concluding the authenticity and lawfulness of a contract under conflicting circumstances. What is the Meaning of Consideration? Consideration is the reason or reward for making the contract, which forms its part. It means that when a person makes a promise, which usually is the offer, he ... Read More

An offer is accepted by the person to whom it is made, and that person is known as the offeree. The acceptance is required to be made in the prescribed mode and within the specified or reasonable period of time in order to be a valid acceptance. Acceptance basically signifies the intention of the offeree or promisee to enter into the contract for the performance of the act that was contemplated in the offer. Additionally, a valid acceptance requires the completion of communication with the person to whom it is made. What is Meaning of Acceptance? Acceptance is defined ... Read More

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