Business Law

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Answer: Contract Act, 1872

The law leading contracts in India is codified in the Indian Contract Act. It does not establish
a set of legally compulsory rights and obligations, but rather a set of limiting principles
within which the parties can develop their own rights and obligations. Any agreement not
prohibited by law is considered a valid contract under Section 10 of the Contracts Act, if it
was entered into voluntarily by persons with legal capacity, for a legitimate consideration,
and for a lawful purpose. There must be mutual treaty between at least two parties for there to
be a contract. A contract with oneself is impossible. There are two parts to any agreement: the
offer or proposal made by one party and the acceptance of that offer or proposal by the other
side. If a contract lacks any of the necessary elements, it may be null and void, illegal, or
unenforceable. To be valid, a contract must meet all of the criteria for the formation of a
binding legal agreement set forth in Section 10 of the Contracts Act.
Essential elements of contracts
Minimum two parties: At least two parties are necessary to form a contract because one
person cannot enter into a bond with himself. To form a indenture, one party has to make an
offer and the other must accept it.
Offer and acceptance: Around must be an offer and an acceptance to the offer, resulting into
an agreement. Both offer and acceptance should be lawful.
Intention to create legal obligation: The parties must create a legal obligation. In business
agreements, an intention to create legal relations is recognized, unless the parties have
expressly agreed to do so otherwise.
Lawful Consideration: An agreement is lawfully enforceable only when each of the parties
thereto gives somewhat and gets approximately that is a consideration. Contemplation may
be past, present or future.
Competent Parties: The parties to the contract must be competent i.e., of the age of common
(Over 18 Years), of complete mind and not ineligible from contracting by any Law to which
they are subject to. Thus; a minor, lunatic, idiot, drunkard, etc. cannot, excluding for some
special cases, enter into a valid indenture.
Free Consent: All the parties must give their free consent, to form a valid contract. Consent
means that the parties must agree about the subject matter of the agreement in the same sense
and at the same time (Consensus-ad-idem). Consent is said to be free unless it is induced by
coercion, undue influence, fraud, misrepresentation or mistake.

Lack of free consent


When there is no able consent involved in a contract, it becomes voidable. Free consent
cannot be there if consent is gained through:
Coercion (Section 15): The Indian Penal Code defines "coercion" as the act of committing or
intimidating to commit a crime, or the unlawful holding of or threat to hold onto property, to
the detriment of any person, with the goal to compel that person to engage into an agreement.
For instance, despite the fact that Sonia's house is actually worth about Rs. 75 lakhs, Rahul
threatens to buy it from her for Rs. 50 lakhs. In this case, even if the transaction goes through,
it would be void because the consent was obtained under duress.

Undue influence (Section 16): "When a person who is in a spot to control the will of another
enters into a contract with him and the business seems on the face of it, or on the evidence, to
be unconscionable, the burden of proving that such contract was not induced by undue
inspiration shall lie on the person in the position to control the other person." A manager at a
higher level may pressure an employee at a lower level to sign a contract defining the latter's
specific duties. Because the senior manager is in a position of authority, this contract cannot
stand. A company's identity is shaped not just by the goods and services it offers, but also by
the people who buy those goods and services.
Fraud (Section 17): The term "fraud" refers to any of the following actions taken by a
revelry to a contract, or with his knowledge, or by his agent, with the intention of misleading
another party to the contract or his agent, or to persuade him to engage into it. For instance,
Ramesh advises Pintu to purchase a mobile phone from Rajat's store because he is a sincere
individual and provides quality products, but it was subsequently discovered that Rajat sells
duplicate products and does not even respond to customers' demands once they are informed
of the same.

Misrepresentation (Section 18): It means it is an incorrect statement of a material fact


which induces the other party, to enter into an agreement. For example, Rahul is selling his
car to Parul claiming that it is in perfect condition and no maintenance or repairs required.
Later she found that there were several issues with it and she had to spent thousands of rupees
to make it in working condition.
Mistake of fact (Section 20): That means, when both the get-togethers to an agreement are
under a fault as to a matter of fact essential to the agreement, the agreement is void. Some
common forms of mistake given below:
 Mistake as to the identity of the person contracted with
 Mutual fault as to the existence of a thing.
 Mutual fault about the identity or quantity of a thing.
 Mutual fault as to the actual subject matter of the contract.
 Mistake in relation to the nature of the transaction of the contract.
For example, Arjun enters into a contract with Bishwas to sell his horse at a later date but
actually, that horse is just died and both parties do not know about it. And so; there is no
contract at all, i.e. the contract is void due to a fault of fact.

Answer: Environmental sustainability


Environmental sustainability entails making choices and acting in ways that benefit the
environment, with a focus on sustaining the ability of the environment to support human life.
The public is becoming more aware of the entire influence that individuals and organisations
may have on the environment, making it a significant topic at the moment. Making ethical
actions will help to lessen the damaging effects of your company's operations on the
environment. It involves creating procedures that will enable firms to become fully
sustainable in the future, rather than just lowering the quantity of waste you create or
consuming less energy.

It is crucial that we protect the environment, or else we risk endangering the lives of
numerous people, animals, plants, and even our own. Our environment's various ecosystems
are intricately linked. We must take this issue seriously if we want a decent place to live. We
wouldn't have a place to live or resources to rely on if our environment didn't exist. Living a
more sustainable lifestyle benefits the forests where we once hunted and fished. We can get
timber, wood, rubber, and even essential oils from our forests. Working to preserve the
environment is a way to give back to the next generation. After all, it is your generation that
is utilising and residing in it right now.
Real life cases where courts have intervened to protect environment or prevent
degradation/pollution of environment
Supreme Court of India case Municipal Council, Ratlam v. Shri Vardhichand & Others
In this case, some Ratlam city residents complained to the Sub-Divisional Magistrate that the
municipality was not building suitable drains and that the petitioners were being bothered by
the stench and stink generated by the surrounding slum-dwellers' activity. After receiving a
complaint from Ratlam city citizens (which was later approved by the High Court), the Sub
Divisional Magistrate of the Ratlam district ordered the municipality to create a proper
development plan within six months. After that, the municipality filed an appeal with India's
top court, alleging that they had the necessary resources and financial backing to follow the
sub divisional magistrate of Ratlam city's directive.

Malaria-causing contamination from alcohol manufacturing runoff was a major issue for
respondents. The Ratlam City Sub Divisional Magistrate issued the order to prevent pollution
from alcohol plants from spreading to residential areas, and the Supreme Court has urged the
Ratlam Municipal Council to comply without delay. The Supreme Court determined that
private polluters and sloppy municipal planning were to blame for the problem, and that a
pollution-free environment is a component of the right to life under Article 21. In addition,
the Court ruled that if a municipality requires funds to carry out a court order, it will increase
its demand from the State government through elitist projects and ask for loans from the State
government using savings from public health expenditures.

Union of India v. Vellore Citizens Welfare Forum, Indian Supreme Court


The river Palar is severely polluted due to the release of impurities from tanneries and other
businesses in the state of Tamil Nadu, prompting the petition's submission. The Palar River is
the principal supply of potable and recreational water for locals. The Tamil Nadu Agricultural
University Research Centre in Vellore later reported that some 35,000 acres of farmland had
been rendered entirely or partially unusable. In this landmark ruling, the Supreme Court
carefully considered the relationship between environmental protection and economic
growth. Whether or not the tanneries should be allowed to keep operating at the expense of
the lives of thousands of people was the question before the Supreme Court. The petitioner
argued that all of the water in the river Palar, both above and below ground, was
contaminated and hence undrinkable.
After reviewing the report, the Supreme Court delivered its ruling, making every effort to
maintain harmony between condition and progress. The Court acknowledged that these
tanneries in India generate the majority of their country's foreign exchange and employ a
sizable number of people. But at the same time, it harms the environment and puts everyone's
health at risk. As part of its ruling in the petitioner's favour, the court instructed all tanneries
to pay a total fine of Rs. 10,000 at the Collector's office. The Court further ordered the State
of Tamil Nadu to give Mr. M. C. Mehta a total of Rs. 50,000 as appreciation for his efforts to
protect the environment.

Final words
Finally, it may be claimed that the environment in which we all live should be preserved in
every way feasible. If the environment is polluted, it will have negative impacts, thus we
should act responsibly for our own benefit. Although the government and other authorities
are performing their jobs, it is our responsibility as citizens to work together to maintain a
clean environment. It should be treated seriously since it would be a fantastic gift for our
future generations.
Answer: a) Employees’ Provident Fund Act, 1952
This scheme is to induce employees to save a portion of their earning for retiring days as old
age benefit. The Act was established in fulfilment of the objective of the Employee’s
Provident Fund Bill, 1951 for the industrial workers to protect the future of their dependants
in the case of unemployment after retirement or the death of an earning member. The Act was
passed to have some necessities for the upcoming of the industrial worker after retirement or
for his dependants in the case of his death. These objectives can be summarized as below:
1. To provide considerable security and timely monetary support to industrial workers and
their families as a social obligation to protect them in old age.
2. To provide a arrangement for the institutions of provident fund and pension schemes for
regularizing the payments to retired persons.

The Provident Fund Scheme, on endorsement of the Central Board, declares the rate of
interest to be attributed to the account of the fund subscriber. The employee can extract the
full amount stand-up to his credit in the event of
 Retirement from service
 Retirement on account of permanent and total disablement
 Migration from India for permanent settlement abroad and
 On termination from the services in the course of mass economizing.

The actual handover of the provident fund account accumulated with interest can take place
in cases as:
 Re-employment in another region or sub-region
 On leaving one establishment and joining other entitled for this Scheme
 Re-employment in establishments not covered under this Act.

The EPF eligibility criteria are as follows:


 Any company with more than 20 employees must register with the Employees’
Provident Fund Organisation of India under duress.
 Companies with less than 20 workers can also register for the Employees' Provident
Fund voluntarily.
 All personnel drawing a salary are eligible for EPF.
 Moreover, it is compulsory for all personnel earning less than ₹15,000 to register for
the EPF.
 However, personnel earning more than ₹15,000 can also willingly stay in the EPF
scheme.

Applicability, calculation and apportionment of provident fund schemes


 Employees Provident Fund Scheme: Under this scheme, the amount is accumulated
and paid along with interest at the time of retirement, resignation or death. This
scheme allows making a partial withdrawal from the account.
 Employees’ Pension Scheme: Under this scheme, the contributor shall be getting
monthly pension after he/she retires.
 Employees Deposit Linked Insurance Scheme: Under this scheme, if the employee
dies, the survivors or dependants shall be paid a lump sum amount.

Employer’s contribution to different schemes


Employees Provident Fund: 3.67
Employee's Deposit Link Insurance Scheme (EDLIS): 0.50
Employees' Pension Scheme (EPS): 8.33

Employees can contribute to the provident fund and the fixed contribution percentage is 12%.
Besides the above contributions, the employer is also required to contribute towards the
administration of funds. The contribution is made of the basic salary. The contribution is
mandatory when the employee wages/salary is up to Rs.15,000.

b) The Payment of Gratuity Act is social welfare legislation, for the word “gratuity” means
something given voluntarily or beyond obligation. In modern industrial law, the employer
and employee relations demand gratuitous payment not as an option of the employer but is
deemed to be a duty cast on him to pay his employee a share of the bounty earned through his
labour, subject to certain conditions and mitigations. At the same time, the employee has a
right to demand such payment if those conditions are not satisfied.

Its main objective is to accept the gratuity payment as a compulsory statutory benefit as
against a gracious gift to the employee by the employer. The aim to introduce this legislation
to certain
establishments and industries are to enforce a measure of social justice or social security. It is
applicable to certain industries and establishments in India such as factories, commercial
establishments, mines, oil fields, plantations, ports and railways, wherever 10 or more people
are employed or were working on any day of the earlier 12 months.

Main Provisions in this Act


 It is payable at the time of retirement; however, it can also be paid depending upon
certain conditions such as:
 On termination of employment after rendering continuous services for not less than 5
years
 On attaining the age of superannuating
 On resignation by an employee after services for at least 5 Years
 On the death or disablement of an employee to perform duty due to accident or
disease.
 There is no scope for contracting out of the Act by private treaty or negotiation
between the employer and the employee as the payment of gratuity is a statutory
obligation on an employer.

Entitled to gratuity and calculation of gratuity payment


Gratuity is payable to employees who have rendered a continuous service of five years or
more. It is payable on termination, superannuation or at the time of resignation. The
maximum gratuity payable to the employee is Rs.10 Lakhs, which is exempted as per the
Income Tax Act. The gratuity amount is determined in the following manner:
a. Employers are required to provide a gratuity equal to 15 days' pay for each year of service,
calculated using the employee's last drawn salary.
b. The formula for calculation is as follows:
(Basic Salary + DA) × Number of Years of Continuous Service
A full year of service is to be credited if the employee has been with the company for more
than six months. The first six months on the job are disregarded if the worker has been there
for less than that. Therefore, the following are the most important parts of the Gratuity Act:
Under the Gratuity Act, the bare minimum for a gratuity payment is 3.5 lakhs.
A minimum of five years of service is required before an employee is eligible to receive the
full gratuity amount.

Employers are permitted to withhold a portion of a worker's gratuity for bad performance, up
to a maximum of 10 lakhs.

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