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PPLE ASSIGNMENT III

1. Explain the difference between an agreement and a contract giving an example

of each.

Ans-
Agreement- When a person (promisor) offers something to someone else (promisee), and
the concerned person accepts the proposal with equivalent consideration, this commitment
is known as the agreement. When two or more than two persons agree upon the same thing
in the same sense (i.e. Consensus ad idem), this identity of minds is agreement. Example-
For example, the United States and Japan once used a gentlemen’s agreement (based on
honor) to handle migration between the two countries. Unlicensed betting pools, where
people agree to pay the price to enter a competition, are also agreements. The terms of
the bets can be declared verbally or even be left unstated if they are common knowledge.
People who take part in the bets are presumed to agree to these rules.

Contract- To be precise, a legally enforceable agreement for doing or not doing an act is
known as a contract. A contract must contain these elements: Offer and Acceptance,
Adequate and Unconditional Consideration, Free Consent, Capacity, Lawful object, Certainty,
Intention of creating legal obligations, and the Agreement should not be declared void.
Example- An employment contract describes the rights, responsibilities, and obligations of
employees and employers and serves as a guide for resolving potential conflicts.
A purchase order is a contract between a supplier and a buyer. It documents a number of
goods along with a price, delivery date, terms of payment, and other details.

2. List any six essential elements of a legally valid contract.

Ans -A contract is valid and legally binding if the following 6 essential elements are present-

 Offer-An offer is a proposal constituting specific terms for one party to enter into an
agreement with another party, which is essential to the formation of an enforceable
contract. 
 Acceptance- Acceptance in contract law refers to the unconditional agreement to the
terms of an offer. For an acceptance to be valid, it must be made in the manner
requested by the offering party. It may be oral or written, depending on the nature of
the contract.
 Consideration- Consideration refers to the act of exchanging something of value. It is
the price paid in exchange for fulfilling the promise. For a contract to be valid, the parties
must exchange something of value. In most cases, it involves the exchange of money for
goods or services. However, consideration doesn’t always have to be monetary.
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 Intention to create legal relation - An agreement does not need to be worked out in
meticulous detail to become a contract. However, an agreement may be incomplete
where the parties have agreed on essential matters of detail but have not agreed on
other important points.    The question of whether the parties have reached an
agreement is normally tested by asking whether a party has made an offer which the
other party has accepted. Agreements may not give rise to a binding contract if they are
incomplete or not sufficiently certain. There will usually be no contract if the parties
agree ‘subject to contract’ but never quite agree on the terms of the contract.
 Legality and capacity- Legal capacity refers to an individual’s ability to act under the law.
For a contract to be legally binding, both parties must have the legal capacity to enter
into that contract. Generally, anyone whose judgment is not questionable is allowed to
enter into a contract. It is assumed that anyone who reached the age of majority has
legal capacity unless proven otherwise
 Certainty- A valid contract requires reasonable certainty for the essential terms. If the
parties fail to reach an agreement on the essential terms with reasonable certainty,
then it may be contract void even if all other essential elements are present. 

3. Explain the concept of product safety with examples

Ans- Product Safety is the condition of a ‘steady state’ of the product when it provides the
services / usefulness / purpose for which it is designed and manufactured – without harm /
loss / damage to life or property. What the product is designed / manufactured / supposed
to perform, is defined in terms of;
 Codes / standards / specifications
 Associated architectural and engineering designs / drawings / documents
 Vision, mission, policy, objectives, strategy statements
 Operational plans, operational / work / task instructions
 Personnel safety expectations
 Consumer / other stakeholder expectations

Product safety is often seen as one of a group of related disciplines: quality, reliability,
availability, maintainability and safety. These aspects tend to determine the value of any
work / outcome, and deficits in any of these areas are considered to result in additional cost,
over the originally intended safety costs.

Example- ->Childproof Products- When we talk about human error, it's important to
remember that an extra layer of protection must often be added for children, who can easily
come to harm through seemingly innocuous products. Childproofing will have two important
aspects:

 Creating, designing and manufacturing products that are safe for children or do not
contain loose or small parts that can create a choking hazard.
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 If a product does have loose or small parts, a warning should be placed on said product.

->Error Tolerance- This type of product safety deals with a product or item that will continue
to work even when an error happens. An example of this is a vehicle that is overheated. The
car will display a warning sign and might restrict the speed so that the driver can get to a
safer spot and get out of the vehicle.

->Preventing Human Error- A lot of products are designed and manufactured to stop or
prevent human error. A good example of this would be a safety belt that is created so that
it's impossible to put it on wrong.

4. Explain the statement: All contracts are agreements but all agreements are not
contracts.
Ans-

“All contracts are agreement”- We know that when an agreement enforceable by law is a
contract. A contract is an agreement that is enforceable by law. It is an agreement or set of
promises giving rise to obligations that can be enforced or are recognized by law. In order to
become an agreement into a contract, it has to satisfy all the essentials of a valid contract as
mentioned in section 10 of the Indian Contract Act 1872.
Section 10 of this act says, “All agreements are contracts if they are made by the free
consent of parties competent to contract, for a lawful consideration and with a lawful
object, and are not hereby expressly declared to be void”.

“All agreements are not contracts”- An agreement is a set of promises. Section 2(e) of The
Indian Contract Act 1872  says, “Every promise and every set of promises, forming the
consideration for each other, is an agreement”. In an agreement, there is a promise between
both parties. For example, A promises to deliver his book to B, and in return of B promises to
pay Rs. 1,000 to A. there is said to be an agreement between A and B. After acceptance of
the offer/proposal it becomes a promise, promise is the result of offer acceptance.  

Thus, when there is a proposal/offer from the proposer and the acceptance of that proposal
by the propose it results in a promise. Promise and reciprocal promise from promisor and
promisee form an agreement.

5. Explain the meaning of the term’Tort’ with examples.

Ans- A tort may include physical or mental harm, damage or loss of property, a financial loss,
and so on. Examples of harms include loss of past or future income.

The compensation by way of damages is awarded by the Court. The injured party will seek
compensation through a Court process. Liability under tort may arise due to negligence,
intentional failure to act where the individual has a duty to act or a violation of statutes.
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Thus, the three categories under tort law are negligent tort, intentional tort, and strict
liability torts. Accidents are considered as negligent torts. Theft is an example of an
intentional tort, i.e. harm done to people intentionally or willful misconduct.

Manufacture or production of defective goods is liable for damages in tort under strict
liability. Strict liability torts are concerned with the culpable state of mind of the person
doing harm.

The individual who commits the act in tort is called the ‘tortfeasor’ and would be the
defendant in the civil lawsuit involving the tortious act.

Example- In a case dated February 2016, a self-driving car made by Google crashed into a
bus in Mountain View, California. The car sensed a group of sandbags positioned around a
storm drain and swerved into another lane to avoid them, slamming into the side of a public
transit bus. Under the law of torts, drivers can seek compensation from the manufacturer
for a faulty part of a car.

6. Explain the concept of product safety with examples.

Ans- Product Safety is the condition of a ‘steady state’ of the product when it provides the
services / usefulness / purpose for which it is designed and manufactured – without harm /
loss / damage to life or property. What the product is designed / manufactured / supposed
to perform, is defined in terms of;
 Codes / standards / specifications
 Associated architectural and engineering designs / drawings / documents
 Vision, mission, policy, objectives, strategy statements
 Operational plans, operational / work / task instructions
 Personnel safety expectations
 Consumer / other stakeholder expectations

Product safety is often seen as one of a group of related disciplines: quality, reliability,
availability, maintainability and safety. These aspects tend to determine the value of any
work / outcome, and deficits in any of these areas are considered to result in additional cost,
over the originally intended safety costs.

Example- ->Childproof Products- When we talk about human error, it's important to
remember that an extra layer of protection must often be added for children, who can easily
come to harm through seemingly innocuous products. Childproofing will have two important
aspects:

 Creating, designing and manufacturing products that are safe for children or do not
contain loose or small parts that can create a choking hazard.
 If a product does have loose or small parts, a warning should be placed on said product.

->Error Tolerance- This type of product safety deals with a product or item that will continue
to work even when an error happens. An example of this is a vehicle that is overheated. The
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car will display a warning sign and might restrict the speed so that the driver can get to a
safer spot and get out of the vehicle.

->Preventing Human Error- A lot of products are designed and manufactured to stop or
prevent human error. A good example of this would be a safety belt that is created so that
it's impossible to put it on wrong.

7. Discuss the importance of the environment for human survival.

Ans- The environment consists of all things-living or nonliving that influence human life. It
plays a vital role in the functioning of our daily lives. The environment/nature and its
wonderful species existed even before human habitat. Every species, be it on land or water,
existed peacefully. 

Why is the Environment Important to Human Life? 

 The environment provides us with resources for production which include renewable and
non-renewable resources. 
 The environment includes sun, water, air, and soil without which human life would not
exist. It sustains life by providing genetic diversity and biodiversity. 
 Production and consumption of activities generate waste mainly in the manner of garbage
that the environment helps get rid of. 
 Humans enjoy the beauty of mountains, lakes, rivers, deserts, and many other
breathtaking natural elements only because of the existence of the environment. 

8. List the steps involved in EIA of a project and explain what happens in each step.

Ans- The following points highlight the ten main stages of environmental impact
assessment. The stages are:
-> Identification- The first step is to define a project and study all the likely activities involved
in its process so as to understand the range and reach of the project. This helps in deciding
the possible zones of environmental impacts.
-> Screening- It is done to see whether a project requires environmental clearance as per the
statutory notifications.

Screening criteria are based upon:

(i) Scales of investment

(ii) Types of development

(iii) Location of development

A project will have several ramifications biophysical or environmental, economic and social.
Hence, it requires some degree of public participation. The law for EIA varies from country to
country. If screening shows that a project necessitates EIA, it moves to the next stage.

-> Scoping and Consideration of Alternatives:

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Scoping is the procedure of identifying the key environmental issues and is possibly the
most important step in an EIA. Scoping means the scope or range of the EIA report. It
undertakes the project’s effect on the air, water, soil, noise level, air quality and physical
impact. It identifies issues and concerns, decides the assessment methods, identifies af-
fected parties and invites public participation for agreement on debatable issues. In which
public participation involves interactions of all stakeholders including project beneficiaries,
local people, private sectors, NGOs, scientists and other.

It is on-going process and is likely to continue in the planning and design phases of the
project.

Scoping is important because it is possible to bring changes in the project in the early stages
of the cycle of the project and it ensures the study of all possible important issues.

In this stage there is an option for cancelling or revising the project. After crossing this stage,
there is little opportunity for major changes to the project.

-> Impact Prediction-

Impact Prediction is a way of ‘mapping’ the environmental consequences of the significant
aspects of the project and its alternatives.
-> Mitigation:
This stage includes recommended actions that can offset the adverse impacts of the project.
This is done with the idea of lessening the negative effects and improving the scope for
project benefits.
-> Reporting To Decision-Making Body:
The project authorities have to furnish the following documents for environmental appraisal
of a development project.
(i) Detailed project report (DPR)

(ii) Filled in questionnaire

(iii) Environmental impact statement (EIS): EIS should provide the possible impact (positive
and negative) of the project.

-> Public Hearing:

After the completion of EIA report the law requires that the public must be informed and
consulted on a proposed development after the completion of EIA report. Any one likely to
be affected by the proposed project is entitled to have access to the executive summary of
the EIA.
->Review (EIA Report):
Once the final report is prepared, it may be reviewed based on the comments and inputs of
stakeholders.
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-> Decision-Making:
The final decision is based on the EIA to approve or reject the project. This is open to
administrative or judicial review based on procedural aspects.

-> Post Project Monitoring & Environment Clearance Condition:

Once a project is approved, then it should function as per the conditions stipulated based on
environmental clearance. These conditions have to be strictly monitored and implemented.

9. State the objectives of environmental protection act 1986.

Ans- Environment Protection Act:

1. The act came into force in 1986.

2. It authorizes the central government to improve and protect environmental quality,
reduce and control pollution from the sources, and restrict or prevent the setting
and operation of any industrial facility on environmental grounds.

The following are the objectives of the Environment Protection Act:

1. It was enacted with the prime motto of providing protection and improvement of
the environment and the things associated with it.
2. To take strict actions against those who harm the environment.
3. To safeguard the better environment and environmental conditions.
4. To apply the decisions made at the United Nations Conference on Human
Environment, which was held in the year 1972 in Stockholm.
5. To enforce laws regarding the protection of the environment in the regions, which
are not included in the prevailing laws.

10. Write briefly about different types of pollutions and the factors causing them.

Ans- The different types of pollution are as follows:-

• Air Pollution: - It is the contamination of the natural air by mixing it with different
pollutants such as harmful fumes and chemicals. This type of contamination can be caused
by burning material or by gases emitted by vehicles or harmful fumes emitted as a by-
product of industries. Global warming is one of the biggest side effects of air pollution as per
the experts.

• Water Pollution:- It is the contamination of the water on the planet Earth. It includes
water contamination by pollutants such as bacterial, chemical, and particulate that reduces
the purity of the water. Oil seepage, as well as littering is one of the most common forms of
pollution. It mainly occurs in lakes, oceans, rivers and even underground reservoirs. 

• Soil Pollution:- It is also known as land pollution. It is the contamination of the soil or the
land that prevents the growth of natural life. It includes land usage for irrigation, wildlife as
well as habitation. The very common causes of soil pollution include hazardous wastage,
mining as well as littering, non-sustainable farming practice, seepage into the soil, etc.  
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• Noise Pollution:- It is the loud noises which are fashioned by human activities that disturb
the standard of living in the affected area. It can shoot from things such as railroads, traffic,
loud music, concerts, aeroplanes, fireworks etc. This can even result in permanent or
temporary loss of hearing as well as disturbances to wildlife.

• Radioactive Pollution:- This is one of the most dangerous forms of pollution. It is

enormously harmful and can even result in death. We are witting this type of pollution from
the 20th century. It evolved with the rise of atomic physics and nuclear weapons.
Radioactive pollution results in the pollution of the air and land with radioactive poisoning.
Leakages or accidents at nuclear power plants, as well as from improper disposal of nuclear
waste are also reasons for this pollution. This pollution results in birth defects, cancer,
deteriorating of health and even death.

Thus, somewhere we can understand that all types of pollutions are interrelated and
indirectly can be a cause for each other. As air pollution has a direct relation to thermal
pollution. Light pollution is caused by energy companies that require burning fossil fuels. In
return, they increase air pollution and it increases water pollution. As one can see, there is a
connexion between all the types of pollution. To fight the pollution, it might seem like a
frightening task for one person, but even doing a little bit sometimes helps. In fact, reduction
in water wastage, consuming less light or even not littering can result in reducing pollution
massively.

11. List the functions of the central pollution control Board.

Ans- The Central Pollution Control Board (CPCB) of India is a statutory organisation under
the Ministry of Environment, Forests and Climate Change. Established in 1974 under the
Water (Prevention and Control of Pollution) Act and later entrusted with functions and
responsibilities under the Air (Prevention and Control of Pollution) Act, 1981. It coordinates
the activities of the State Pollution Control Boards by providing technical assistance and
guidance and also resolves disputes among them.

Powers and Functions of CPCB

 Advising the Central and State Government on matters related to prevention,

improvement and control of Air and Water pollution.
 Planning various programs to control and prevent Air & Water pollution 
 Planning and organising training programs for people involved in activities for the
prevention, improvement and control of Air and Water pollution.
 Collecting, compiling, and publishing statistical and technical reports related to Air &
Water Pollution. These reports are used to develop preventive measures to control
and reduce pollution.
 Preparing manuals, codes and guidelines relating to treatment and disposal of
sewage and trade effluents as well as for stack gas cleaning devices, stacks and
ducts.

12. Briefly state the new provisions in the consumer protection Act 2019
Ans-

In India, the protection of the rights of the consumers is administered by the Consumer

Protection Act, 2019. The Consumer Protection Act, 2019 was introduced to replace
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the Consumer Protection Act, 1986. The new Act contains various provisions which
incorporate the challenges faced by modern and technology-dependent consumers. The Act
also contains various provisions for the protection and promoting the rights of the
consumers. 

The main objective of the Act is to protect the interests of the consumers and to establish a
stable and strong mechanism for the settlement of consumer disputes. The Act aims to:

1. Protect against the marketing of products that are hazardous to life and property.
2. Inform about the quality, potency, quantity, standard, purity, and price of goods
to safeguard the consumers against unfair trade practices.
3. Establish Consumer Protection Councils for protecting the rights and interests of
the consumers. 
4. Assure, wherever possible, access to an authority of goods at competitive prices.
5. Seek redressal against unfair trade practices or unscrupulous exploitation of
consumers.
6. Protect the consumers by appointing authorities for timely and sufficient
administration and settlement of consumers’ disputes.
7. Lay down the penalties for offences committed under the Act.
8. Hear and ensure that consumers’ welfare will receive due consideration at
appropriate forums in case any problem or dispute arises.
9. Provide consumer education, so that the consumers are able to be aware of their
rights.
10. Provide speedy and effective disposal of consumer complaints through alternate
dispute resolution mechanisms.