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    Business Law by Rajini Jagota

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    Business Law by Rajini Jagota

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    Business Law by Rajini Jagota (1)

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    Business Law by Rajini Jagota

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    References ‘Singh Avtar (2018). The Prinples of Mercantile Law, Licknow. Eastern Book Company. ‘Sharma, LP and Kanji S. (2019) Busnes Laws, New Del. Bhat Law House Pt. Lid * Tulsan PC, (2018), Business Law, New Delhi Tats MeGraw FL + Jagota R. (2019). Business Laws, MKM Publishers Pvt, Ltd, Scholarech Press Contents Unit-1:The Indian Contract Act, 1872 - Nature and Types of Contracts Definition of Contre = Essential lements of a Vaid Contract ~ Kinds of Contracts ~ Offer and Acceptance ~ “The Proposl or Ofer ~ Some Important Coneepts with Regard to Offer Legal Rules Regarding Val Ofer Lapse and Revocation of Offer “The Acceptance Lege Rules regarding a Valid Acceptance ‘Communication of Offer, Aceptance and Revocation Consideration ~ Definition of Consideration Essentials of Valid Consderation Stranger to a Contract and Stranger to Consideration Doctrine of Privty of Contact A Stranger to a Contract cannot Sue and its Exceptions Page haar 2 1218 2 Pry as 29 29 2 an 13.12 a 36 38 36 “The Rule, "No Consideration, No Contact” anditsEreeptions 37 Capacity of Parties ~ Meaning of Contractual Capacity Minor [Nature of Minors Agreements Law Relating to Minods Agreements Persons of Unsound Mind a 4a 10 410 ‘Disqualited Persons an ree Consent — 58.24 Definition of Consent (Se.13) st Definition of Fee Consent (Sec.14) st (Coercion (See) — 52 Undue nluence(See.16) ~ 55 Misepresentation (Sec) S10 Fraud (See.17) — sal Does Silence Amount to Fraud? (Explanation to Sec?) 513 Los of Right of Rescision 56 Mistake — su Mistake of Law - si7 Mistake of Fact ~ sar Biter Mistake sa8 Unilateral Mistake sis Legality of Object and Consideration — 61-611 Unlawial Consideration and Objects ‘1 Grounds Considered to be ‘Opposed to Publi Policy “a Objector Consideration Unlawful in Prt “a Alects of egal Agreements 610 Vold Agreements ~ Agreements Expresily Declared tobe Void Agreements in Resrsint of Mariage (Sec.26) ‘Agreements in Restraint of rade (S27) Franchise Agreements not Regarded a in Restraint of Trade ‘Agrccments in Restrain of Legal Proceedings (Sec 28) ‘Uncertain Agreement (Sec.29) ‘Wagering Aprements ($30) ‘Agreements Contingent on Imposible Events (Se.36) zat n [Agreements todo Impossible Act are Void (See.56) za Quasi-Contract — 81-86 Meaning of Quas-contract 1 “Types of Quas-conract (Secs. 68 to 72) a2 Discharge of Contract — 94-92 Discharge and Modes of Discharge on Discharge by Performance ou Discharge by Mutua Conseat or Agreoment 92 Discharge by Subsequent or SuperveningImposilty ou tegslty Discharge by Lape of Time 99 Discharge by Operation of Law s10 Discharge by Breach of Contract oat Remedies for Breach of Contract — 10,110.12 Remedies for Breach of Contact 101 Rescision ofthe Contact 03 Sut for Damages and Rules Regarding Assesment of Damages. 102 Suit upon Quantum Merult (Sc 8 and 70) Sut for Specie Performance 109 Suit for an Injunction 1010 [Unit-T: Special Contracts ~ Indemnity and Guarantee Contact of Indemnity — m4 nanas Contract of Guarantee — nz Distinction between Contract of Indemnity and Guarantee — 15 Nature and Extent of Surety Liability 17 ight of Surety ns Discharge of Susty mu 12, Contract of Bailment and Pledge — yaaa Meaning of Ballet ia Kinds of Baiiment ma Daties of Bilor 14 Diatiesof Bile ns Rights of Bilor nas Rights of Baler nz Finder of Goods ns Meaning of Pedge ps Diflrence between Bslment nd Pledge m0 Rights and Dune of Pavnae n20 Rights and Duties of PawnorPledgor rat Pledge by Non-Owmer nn 13. Contract of Agency ~ B38 Contract of Agency 13 Essential Feature ofa Contract of Agency 132 ‘Modes of Creation of Agency 12 Extent of Agents Authority a7 Dates of Agent suo Rights of Agent 1342 “ability ofthe Principal for the Acts ofthe Agent to aa ‘he Thiet Pasig Personal Liability of Agent (Sec 230) as ‘Termination of Agency bar ‘Unit-III Theale of Goods Act, 1930, — 14, Contract of Sle of Goods 144 Denton of Contract of Sale of Goods Charaterisis of «Contract of Sale mw 15. 16. 1. Kinds of Goods us Distinction between Future Goods and Contingent Goods 147 Eect of Pershing of Specie Goods “7 _Ascertainment of Price (Se, 10) “7 Stipulations as to Tame (See.12) Ma Document of Tile tthe Goods us Difference between Sale and Hire Purchase Agreement us Difference between Sale and Contract for Work and Labour 149 Distinction between Baikment and Sale us Conditions and Warranties ~ 15.1-15:15, Conditions and Warranties 154 Express and Implied Conditions and Warranties 153 Inplied Conditions 184 implied Warrant 1510 Doctrine of Caveat Emptor and its Exceptions 1512 Transfer of Property 16.16.14 “Time of Passing of Property and its Importance 163 ‘Transeo Property in Specie ot Ascertained Goods 163 “Tansfer of Property in Unuscertined and Future Goods 167 ‘Goneral Rule a 6 Tansferof Tie See. 27) 169 “Taner of Tle by Non-Owners 69 Performance of Contract of Sle waa78 Performance of Contract of Sale (Se:31) ma ‘Meaning of Delivery of Goods [See:20)] ma Modes of Delivery ma Rules a o Delivery of Goods m2 Acceptance of Goods by Buyer m7 ‘Unpaid Seller and hs Rights — 18.1-18:10 ik Definition of Unpald Seller [Unit IV: The Limited Liablty Partnership Act, 2008 — 19. Introduction to Limited Liability Partnership — 19,119.14 Introduction to Limited Lisblty Partnership. 191 Administrative Mechanism of LP Act 192 ‘Amendments in LLP Act, 2008, 192 Definition of Small LLP 93 Establishment of Speci Courts 94 Salient Features of LLP 196 Difference Between LLP and TradionslParneship Firm 19.10 Diference between Limited Libity Company and LLP 19.12 20. Incorporation of LLP 20.20.10 Registration of LLP 21 LLP Agreement 203 Incorporation Document 208 Effect of Registration (See, 14) 206 Provisions Relating to Name of LLP and Changes therein 206 Rectication of Name of LLP maz Registered Ofice of LLP and Change therein (See 13) 208 21, Partners their Relations and Lables — 2121s Partner au Designated Partners 212 Parmers snd their Relations 27 ‘ow can an Exiting Partner Cente o be a Parnee aio of aLLPP (Sec. 24) Consequences of Cesstion of Partnership Interest a0 Registration of Changes in Partners (Se. 25) au Extent and Limit of Laity of LP and aun Partners (Secs. 26and 27) stent of Lablty of Partner (Se 28-30) aun Whistle Blowing (ec. 31) 23 2. 2. 2. Favourable Legel Mechanism for Whistle Blower nus ander LLP Act ‘ation of LLP maze ‘aration of LLP m1 lily tobe Assessed as Firm 221 Rules Regarding Taxation of LLP ma (Conversion to LLP 234-2313, Procedure of Conversion into LLP 232 Effects of Registration of Conversion 32 (Conversion from Partnership Fim into LLP (Sec 55) BS x6 ‘Conversion fom Private Company into LP (Sec. 56) Conversion from Ualited Publi Company into LLP (Sec 57) 238 ‘Unit-V: The Information Technology Act, 2000 Introduction to Information Technology Act 1289 [Need and Objectives m1 Scope or Been ofthe Act na \Non-applicsbilty of Act [Sec1(4) read with Ist Schedule] 243 Amendments othe I Act, 2000, aaa Key Definitions (Sec2) nas Important Note ns Digital Signature 25.1.25.8 ‘Physical Signatures and Signatures under the IT Act,2000 25.1 Tourney of Signatures under the IT Act so far a1 Plane I Digit Siguatass (yo 2000 omens) aaa ase I: letronie Signatures (year 2008 onwards) 4 Phase I: E-lgn Service or E-hastakehar ass (Sept 2016 onwards) Digital Sigpature (End Entity Rules) 2018 as7 E-Governance 26.1.26.6 Meaning of E-govermance 261 E-Governance is SMART Governance 262 62 Provisions to Facilitate E-Governance 27. Attribution, Acknowledgement and Dispatch of 27.1-27.7, Hlectronic Records Ineoduction ma ‘Atribution of Electron Records to the Originator (Sec. 11) 27.2 ‘Acknowledgement of Recelp of Electronic Records bythe 272 ‘Adresse or Receiver (Se. 12) Determination of Time nd Place of Dispatch and Receipt of 273 lctronic Record (Se. 13) ‘Vallty of Contracts Formed through Elecronie Means 275, Communication of Offer, Acceptance and Revoctions in 2768 cease of E-Contract, 28, Regulation of Certifying Authorities 28-2816 Hierarchy of Admiistatse Mechaniem for Digital 21 Signature Certificate LController of Ceruiying Authority (CCA) ma IL Centying Authority ma It, Subscriber mas 29. Cyber Contraventions and Orfences 29.1.29.10 Distinction between Contraventions and Cyber Offences. 2911 Penalties and Compensation for Contravetions 22 (Offences and its Kinds Bs 30, Adjudication and Appellate Tebunal 30-30.6 Justice Stem for Cyber Crimes der Information 304 Technology Act 1. Resolution of Confit by CCA sna 1. Adjudication on Contraventons by Adjudcating Officer 302 IL. The Appelt Tribunal (AT) maa 1. Appeal w High Court sas Examinatlon Paper Q1-92 ibtography Bana NATURE AND TYPES OF CONTRACTS ‘Busines laws comprise laws concerning tad, industry and commerce ‘These nes bring seriousness and dfiniteness in businestdeatngs. “The Indian Contract Act, 1872 is one ofthe important Acts under the mbit of business laws, It ame into force with effet from 1" September, 1872. applies tothe whole of India The Indian Contract Act, 187, ays down the law elting to contacts. Te aw of contract seeks to regalo the fonduct of penions who make contacts Ir determines the ecumstanees ‘under which an agreement shall belgally binding onthe person making it italbo provides the remedies valale inthe cour of law gains the person ho fal ofall bis obligations under a contract. ‘he Indlan Contract Actin is present form das withthe folowing 1. How and wien does contac ge formed? (Formatlon of contrat) 2. How does a contrct get discharged? (Discharge of contact) 5. What ae the remedis fr breach of contrac? (Remedies for beach of contac) [At present the Indian Contract Acts vided int two pars (0) Part deals with he general principles of Law of Contract (Ses 11975) Chapter © VIof the Act (0) Part deals with speci kinds ofomtacs (Sees, 124t9 238), sich 9 (Contracts of Indemnity and Guarantee (Secs.124 to 147), Chapter VI of the Act (W Contracts of Bailment and Pledge (Secs.148 to 181), Chapter IX ofthe Act (Gi) Contract of Agency (See6.182 to 238), Chapter X of the Act Secs. 7610123, (Chapter VID relating to sae of goods were repealed In 1930 and the Sale of Goods Act, 1930 was passed, imulary, Secs, 239 to 26, ‘Chapter XD were repealed in 1982andthe Partnerahip Act, 1932 was passed. Indian Contract Act isnot exhaustive It doesnt dei with allthe branches flaw of contract. There are separate Acts lating to negotiable instrument, ‘ranse of property sl of goods, insurance peinership et ‘Sec. ofthe Indian Contract Act as id owe tha, "Nothing herein contained shallafet the provisions of any Statute, Act of Regastion not hereby expressly "epee. nor any usage ar cstom oftade, nor any incident of any contact, no Inconsistent wih the provisions ofthis Act” "No major amendments have been made i the Indian Contract Act. 1872 However,aminormendent was made in Se. 2 of the Act by Amendment Act, 1996, The same Section has again been amended by the Banking Laws (Amendment) Act, 2012 wes 1th January, 2013. “The Specific Relief Act, 1963 has been amended recently By viet ofthe Specific Relief (Amendment) Act, 2018 (we. 01/10/2018) the remedies amlabl for breach of contract have been eet, Now in cate of breach of ‘contract the remedy of Specific Performance ‘sal! be grated by the Court subject to certain exceptions. Earle the cemedy of Spel Performance wat ranted at the ‘dscretion ofthe Court. Another change is regarding the ‘emedy of ‘injunction relating to Infrastructure projects specified in the ‘Schedule (For deal refer to Chapter 10) ‘Note By virtue of fammu & Kashmir Reorgnisition Act 2019 (wef. 3st (October, 2019) the Indian Contract Acts applicable tothe whe af nin Prior to this the Indian Contract Act wat applicable to the whole of India ‘except the Stat of fam & Kasmit DEFINITION OF CONTRACT See. 2h ofthe Indian Contact Ac, 1872 defines a contac fellows: “An agrcment enforceable by law is a contract, ‘Thus a contract consists ofthe following two elements () An agreement and (2) Lega obligation ie. duty enforceable by la I s Ma agreeman cfr yw it ctr ply bing aigtion orn prs is see ht eee st ret ot (Eipeemen Theo cements vo (i) Agreement Accoring WS (Eerie nd ees of ‘pombe forming comldration ora oes an agreme” An permet ne pron or ast promis S21) tae down a= Fron wien aap cnr pm” Than agent a8 etme pop mens the st es ropa oo by seeped cetera Theres ‘mute att of inde The pres mus oe ant theume ing eae ene Angee may on rien critay bpd em cond othe part Te psn making the propor cae he por andthe pean sceping the propre the rome. tin, An ageenent ob cont mi re 1 Tegel kel sigan meas tery an sgremen dos at ete ty ened cot Megeemem st cer om than otc Agent ich pe five sncalsipsons se inp apeenen and coc — [mon cave wh on ity eof ecg neater tae rc (a nti socdesrtmon n a scicameylotonipiarksngrange persone ‘salma an ep nce tn best aeomets ere ual peng th he pars ited ces gl bone Some ingorat Semen: [ Te tne ere orem ht ol grsen ry mo cat ‘Only hone opecmentsrecontac ie ve stake obliptions. ble. ifn between Apement a Contact a 7 coe Goa 1 ening arrose = eee Tat ae | hee a 7 Geli | Sareea Sipummcnd | ploigneend apie | toned eh = ieee Tier Tete awe [ey ma [see en Typ of Corot, ad sent yen in thi set, Justice Salmond as "The Law of Contact i tthe whole Iw of hs aerenets which thy the eset id dwn in thls agreements nor isthe whole lw of obligations. It the la of those feeome contracts, The eset fo the valid om ; agreements which crate obligations, and of those obligations which have | ig) Amagreement, An agreement san outcome ofoflerandacepanc. In ‘heir source in agreements Iexcludes from ts purview agreements which re social in nature andall obligations which are not contractual in nature ‘The law of contract snot the whole lw of agreements: ‘The law of contract isthe law of those agreements which create legal obligations. large numberof agreements remain as agreements only because they cannot be enforced by law. In other words, the law of contract is concerned with only those agreements wher he partcs have intention to create legal obligations. Amintntion to creat legal eations i ‘sential tothe formation ofa contract Erample: (0A invites to ls wedding pu cep he aio. B es na an ‘A cannot se B because this agent three intention fo cet lp ‘blige. rs onan greet ad at contact (A ofr tel his bike Bor 0,00. B accep the of Ia thi apeement if ther dtu by eer purty ten the ote uty cn lea ute reach of ontrcprovided al th esata element of ald contact are presen IIL The lw of contracts not the whole la of obligations: Alllegl obligations are not contracts. Only those legal abigations constitute omtract which arse out of agreement. ‘The obligations may result from (a jadgements of court, Le, Contracts of Record (drive their binding force from the authority of cust. Obligations lmmposed by judgement of court and entered in court recoeds do not have their source in agreements; (b) tortor ev wrong. A tortuous bility i ‘imposed by the general law ofthe land: () quai-contract (relationship ‘esembling to that of contact ut nota contract i rel sense) ad () stats hlgstions for example relationship betecen bustin! wand wife trustee ‘nd beneficiary. In above cases Obligation rise in the absence of contract, The law of contact deals nly with those obligations which ate out of contract and not otherwise, ESSENTIAL ELEMENTS OF A VALID CONTRACT. ‘According 0 ec10, All agreements are contrat if they are made by the fee consent ofthe parties competent to contrac, for a lawfl eonsieration and with all object, and are not hereby exprestly declared to be void” Accordingly all contracts are agreements, but sll agreements are not ‘contracts. The term agreement i mich wider than the term contract. Only fpeenen here ae two putes one malig the offer and ther, Eepungt Ofer can made ij tony tens and condone bat {he term ofan offer mt be ceria nd nt loos rage. The cepunce must be abvlt and unqualified, Conitonlseepiance iso scepance. Accplance mes be expressed in ome wel and ‘eee ann nls th pop pss the manera which iintobe acetal Intention create log lato Itenon crete ep eons ‘nant nen ote el bond. Peres erento aco tt nnd oe pleats tee tems eitenon (pa to ce np clon wl nt gee toon The doctieofnensonto ee epatons mabownany fen ioe Lave Blo Bala 919) Me Bl ho wring tin Goverment fo, et aga crhtscen tne Art expr peidthe Me alr {peta Cn, br we al nt py hi fr md ‘el Comet epemarelyopysncenent aca cae sgomedhin Osh alana ym been {ctrsryfteyoed oun restr dud eco terhe pnt at oper re sarang herent truer nce nds Rosen Speedometer Tord ATKIN xpned "Tar re armen ewe parts which {bates cont win the earn oftha tem i oulan The crlary exe se wo paris age fo takes al tpt heehee van oes snc of hora. Nebo wed Tong in riryceace that thew agreement ret nwt ‘Elnow scons so one of he ot rs of aeanens “ch dato conse acontactappns tobe he spent which Tremalebeteen bn aod wile Tse arugers dnote in contec aal ven hugh thy may be what would conse tone forth agent Tey reno coc eae prs Snot nnd hat hy shal beaten by lense tna othl it canbe id that in scl engagements 2 oily Bare toa alterd dates uke ® © eainate Lame aI SIP Names consequences Soc domes rego and moral geements simply ‘geemente and not contacts, Bea Ineton to create gl raion ‘sung In other words non-market transactions ental a intention to create legal relations. ‘While in the case of busines agreements the assumption i that the parties intend to creat legal rations and therefore its contact Sometimes, the partes toa basiness agreement may expliily state that they do nt intend to create legal obligation. In such a ease the promise wl be binding in honour ony and not in aw (Cases Rove Frank Co JR Crompton Br Ld (1923) ‘ofr eteredntos writen contractor the le dpc of ae pape. The agreement comida cae tthe cst hal his rangement ‘Sot ected it, north memorendum writen a foal cles document adsl abe abject lg jrtiton in hel co The foo were not vere and therfore he buyer broght a acon for bun dlvery Roald that tere we no latent creel elton onthe partofth partes tthe agreren and hes there wat ne contact Free consent For an agreement to become enforceable bylaw there must be consensus ad idem. ke. partes agree upon these thing in the same ens (simply called consent), There mut be consent andi rust abo be fre. Consent must alio be fee. Consent is sid tobe fre when i isnot ‘caused by coercion, undue influence, fraud, mistepresenttion oF Imistake Ifthe consent is obtained by any ofthe fist four elements, the contract would be voidable atthe option ofthe party whose consent has been 30 obtained Sample Me Aatgunpin (or nfpoi asks Me Bt sl ine ier 100, Me 3B does sa Tae agreement voi athe option of Me By whowe cone hat en obtained by nero, Contractual capacity. Fora valid contract the partes entering ito an agreement must be gly competent to contac. According te Sec 11, {person snot competent to contact who ent ofthe age of mejor, and who isnot of sound mind and who ls disqualified wo contrat by any lwo which hes sabject. Thus, minors, persons of unsound mind and persons disqualified from contractingby anylaw to whichhe issubject ars incompetent to contract. An agreement entered nt wth peron | ‘who isnot competent to contract at the time of entering ito the sgtement i oid ab-inito Le, fom the very beginning and ths not cnforctble (e) Lael conadration. A conta woot onion i vise ret enforceable, Consideration means ‘compensation fr doing or iningtdo enact, Conidrton sup qu te ometingin Sf beth roe Boh the parts mast ge something ad ge Sting num, Conse he pce ote promi. ‘Conldcioniuy be pst presen rf may Be psi oF rie ped ae be ute Bat st be el nd vale a three ofl ht note usr. amrle Tages sinatra 12080 Tisagemest on olen wenn (planta objec The object of en agrement mst be fl The cbt Nous betas orden byl ois of sich atta, Temi tral deat te providenr ofan lwo sfonde arava or mpes inary to the pero propery of anther oF {eco resis imo, o oppose o pub pay (Se. 23) Not epraly dae vol. Cera pes of seen hae Bon cy desired tbe vldby uel For mpl apes a ‘San of marge in rei of aden ea cocending. uncertain eprement, wageting agreements 2 Imponblespeemens, These geen re oda href, the ered pry cannot sek ny ree fom the court Cerna of Tema Thee ofthe agreement mst be certain Sititedpableablng made crain gerbe tox vad contract {See Day TA rest al unde fons of ei and theres SSrbing to show wht kindof (eg enconet or mustard of) was Meenas rhe peement being ues hall ot be enforceable (0 Ponty of performance. As per ec 36, acme to doa at Impose of perosnance not beenorcd Semin hoes makes end mn ave. The pemet eet enfosee ‘ele tin i ogee ot posi Aron doe eure y mage The agents ot er at ‘eam we 10 pg in ine Tenement ot ers at (9) Lepltormaties. Agreements may here onto writen Hower tein agreement re eqited oben wring or reper ide fares wt which such agteement i sbjet. Therefore a8 o ° agreement must fll the necessary legal formalities as to writing, registration, stamping etc if any, required in order to make it enforceable. ample: (©) Partnership ded mate stamped under te Indian Stamp Act 1859, (2) Anagreement to pay ine barrel debt mast bein wring. (0) The Transfer of Property Act has made the wen and repstaton compo for conracts rating to transfer ofimmorable properties It is clear from the above discussion that Agreement, Consent, Capacity (of parties), Certainty (of terms), Consideration, Completion (of legal formalities), Legality of object, Possibility (of performance), Non-coverage by list of void agreements and most {importantly Intention to creat legal relations ae ‘must’ of valid contract. ‘Some Important Terms (Seven RS) Revocation: sans cancelation. ai wid in ii i i pt perme aprbnrenorneertniv mthmientetn roe emimion: mene cpanel pela ha wi doc under the contract ateation ca sbneqent notion of on sont ‘Resco: means nating a corr betwen partie. Relingghment: meso abando or renounce Reasonablens: cin fips and he em a ot uconcooable 1 On the Basis of Eafoeeabilty From the point of view of enforzallty a contract may be valor voidable ‘or vold or unenforceable o legal (a) Valid contact A valid contract isan agreement enforceable by lav. Anagreement becomes enforcesbleby law when thal the essential elements of valid contrat at epecied under Se.0 ofthe Indian Contract Act (W) Voidabie contract. According to Sec, 20), “an agreement which i ire at Types of Coma, ie ‘but not atthe option ofthe other or others avoidable contract” “Thur avoidable controctitone which enforceable by awa the option fon of the partis Uni ti rescnded (ovoid) bythe pty ented {bdo so by exercising his option ia that behalf itis aval contact ‘A contract is woidable when the consent of one ofthe patie 10 the ‘Contacts obtained by coereio, undue inuence, misrepresentation or [aud Sach contact is voidale a the option ofthe aggrieved arty terthe pty whose consent was so abained. he aggrieved party op otto wold the contract it as good ab anyother valid contract a “Rhemensto shoot he der sotsis ert Afor® 10008 Boge “Theconrathas been de by oe and isvokile the option a 0. Vold contract. Sec. 20) defines: “A contract which ceases t0 0 “foreable by lw becomes void. when It ceases tbe enforeable tis dear fom the definition that oid contract is not void from ts {inception and that tis valid and binding onthe parties when originally ade but subsequent to its formation it becomes void because of ‘eran happenings. A valid contact becomes avoid contract i the following stations: (i) Sapervening impossibility. Supervening! means unexpected Significant development ha greatly changes an existing siteaton”. Here contract becomes void by impossibly of performance afer the formation ofthe contac. (0) A and 8 contact o mary och abe Before te time Sa oe the Images Tie contre macy becomes (a) Xe ange are sng fo parle muse company. But ater 2 {Es dag he steed from ster throat problem an dagnved ‘Stetulnoutes ontario sleorantby her dct The Contac become vo. (i Subsequent illegality. Subsequent legality means legality which atises afer the formation ofa comract. A contract becomes vid by subsequent illegality. For example, (1) A agrees to sll B parila quantity of product be manufactured in Inds using {rn imported ingredient and the Government of india bans the {impor of that particular ingredient then the cootract shall ‘become void due to subsequent egal: (2) A agrees tse B ecaciceaocatieelainiestal Austnes Lams phar and Types of Contracts al 100s of rice t® 100 perbg, Before delivery the Government bans private trading in rice. The contract becomes vod ‘Table 1.2: Distinction Between Void and Voidable Contract something happen which makesit unenforceable by aw ts important| tw note that a contract cannot be void ab-nito and only an agreement can be void bina ‘able 1.3: Distinction between Vold Agreement and Void Contract, oy ies Ya min ie a come 1 Mening | Act vihcansate| An apes hi a aca | cc iho Scere yew bese | eral pion 1, Mang | asennad | A cs i os void when Weer oe | atone arse i ce bees en Sica ome terete aaah oeeoherachenie | Teper | Aterommatineny | Aree scm Pa ai| Seeeanat aera Seen“) tenet sate 2 Wigs | Avoid cant de nt | Te pny ahora thay ae seeyrtiomypay | ontelotenpnnra oa Somme + Rekeeet] alam cont ieereinira | Fash | Seemann cans" pln Hats ctngemanine |" tte | aren are | Sram chee scare contact ihinrenabetie, Sodio on sa |e no etn any party can se the other ft ‘Staonal, sastreoretbacke picanvefbecutt me Tiplalipioa ae os ‘Cue | Acosmincommvede | Acomtreliizcman | TTSIARGIGT paee | ce ‘Stabe sya |itremercanes oe tone crete Seater Sem ipecity | fee = pone reee oe eee Void agreement. “An agreement not enforceable by lw is sid to be void [Se 2]. Thus avoid agreement ie vod abit fom the beginning. I does not give rise to any legal consequences Inthe ee of baw such an agreement is no agreement tal Isto be noted that in ‘oid agreement theres absence af one or mor essential ements ofa ‘ali contrac a sted under Sec. 10 (except tha of free conse) — (@Anapeemestwith sini anton int i bea inor ‘incompetent to cota, (An areement whoa consideration idan (ith exceptions as Iuddownin e025), (©) Agrements esr decree oi sch sarees whch arin eral of rigor of wae o lp proceedings ‘A ‘oid agreement i different from oid contract Avoid agpeement 's void abn Thus, avo agreement never matures ino contract ‘Avoid contract's valid when itismade, but subscauent tits forearm, enforceable cnt, An weno tract oe which (0 aha aoa ented noo bce me tna de, Tec mpeg wing stamping pert reese EEE conunc shel Scone nding onc the techn dete, Tampee Gar ron acne ion este baton Sic Si (ants mcinmrne sr ‘epic nome than hq oer thorny ein © rot suclonsfwllofimmorae propery tobeefreaie rvoqce ebeauhenedby tc hscies Gama ae ‘CenprSdielath norton tent 0 ep onl agreement. The wor leg eos eonray © 2 law! An agreement is illegal and void if its object or consideration: (Where Aptacaringad peng isp hat Aspe ay for Wcanetactsemgweana’ ba (0 Where, boa tbe bus run by Deli Teepe Corporation (DTC) om ' parclr ote then thelew iia ares to pa forthe seve SfDTCandthereran ingle cotact Lard Greene Wilkes London avenger Taper Board da cota rade when pesanget ‘pushin ind he be (©. Quasi contractor Constructive contrat [n quasi contract there sno contractual relationship between partie but the lw infers contact nde certain specalclrcumstance, For example obligation of finder of lst goods to return them to the fre owner A quas-contrat is bated upon the equitable principle that «person shal not be allowed ‘o-nrich himself atthe expense of another Secs. 68.72 ofthe Contract [Act pertain to uas- contracts 3. On the bass of Extent of Execution ome pint view he xe execu coma maybe cate owen (o) ected cnt A conc sd be ext hen tt the parte io nessa hive coupldy peried ta tur of {Stenon ad wting rem be oe by er pay — esos ibe or €2000.Y ace the fe X dle the Dict YondY yet 20000w ik hisan eed contact (0) Baar cntrc A cont db excery wa eth the parison hve lo ptr fc oon, = Xetlenwliew¥f2000 Y scp hoe ke hart ‘een diver by Xen the pe ha no en pd yh caer on (0. A conc ny natin be purty exceed and partes inte above eam X delve thie nd Y nyt poy he pe mieten deena (@) Unilateral contract (A promise conditional on an act). Unilateral ‘contract is « one-sided contract, Here obligation of one party shall ie ont pe of Cnr ws ‘rz nly when the other party has already performed his part, the evar fr Binding the ost dog salle due only when thas been done bythe other party. ‘Ina niaterl contract the requested act (eg finding the lost og) is both the acceptance and the consideration for the promis. (refer 10 ‘Simoke Bll eas’ on page 23) (@ Bilateral contract (promise fora promise) Where the obligation or promise in «contrat is outstanding onthe part ofboth the partes, it {3 known as bilateral conic. Most ofthe contrat are blatral. ‘means when the contract is entered or formed the obligations of both the putes arise and become due eg, ina contract of sale, seller ‘under abligtion to deliver goods and buyer to pay forthe same, While Incase of uilterl contracts ts optional forthe party (ete person may try t find the lst dog oF not) whether to perform or nt and then erating an obligation forthe other par INDIAN CONTRACT ACT, 1872 ‘Chapters in the Act with Sections covered Gn the context of Syllabus of B.Com, Delhi University) ‘Chapters | Sections Contents Prt [So 1___| Tite ten Commencement [see Inerpettin Clase 1 [seen | Commietin, Aseepance and Revocation of| Proposais [Seen 1023 | Comme, Vorb Contac seca 2400 | Void Agreement N Perfomance of Comat, see.56 | Agremet wo do Impossible act Siperening possi (Decne of Frat) Relat Secs, | See. 57,58 | Dicused in Chap 6 in book a pe SylaiSecs. 623 ee uns ae Cerin Rely rsoblng tse Gevid By soa (Quast Cont) Vo [sencere wt |secs73:75 | Conquest of Breach of Cones Rendis for Breath of Coe) var |ses 2-147 [Inicmiy ad Goarace [secs 48-181 | “Raita (een. 48-171) Plage (Sat 172:181) x feetea lane J 1 Whats conc Papas th een cement alld ent 2 “AU conc ae plan 3 “Tee f ome ot thew wo arene ‘whole law of obligations Comment. a 4 Disiguh eee: (2 Agen en net (©) Void an egal aeons (© Waid semen sd vd cot (4) Void agremént and voidable contract (2 Executed and executory contracts (Express and implied contracts (© Unilateral and Dilateal coctacts 5 Wie short nots on: (a) Unenforesble contracts (©) Implied contact 6. “Thedstin finn og eons ms oud. camo Cammenga toon ot ‘ogrements, but all agreements sre not contacts ori ithe 1A promises his wife B to get her a saree ifshe sings a song. B sang 2 {ong but Add not bring saree for her, Can B take ae action against A in court to enforce agreement under the Indlan Contract Act, 1872 (8. Com (P), Deh, 2012-13] [lint No tis an agreement of oil nature Thee no intention to crete legal rationship, See Balfour v. Balfour (Husband and Wife relationship) 2. Aovites B for dinner B accepts theo A hires txt but B doesnot turn up. has to give the diver compensation. Can A recoverit fom Bt (8, Com (P), Delhi, 2013-18] (Qtint: No its social agreement Theres no intention to crest Lgl relationship) 3 Snes 8 to say with him during winter vaatlon. "accepts the Invitation and inforrs 8 acondingly. When Breaches As house be finds it locked and he has to stay ine hotel Can ‘B claim damages fom A? (Qing cannot lim any damages from it is socal agreement tnd there sno tntntion to create legal elaionship) 4 8 makesa promise ta his son to give him pocket money of Rupes one Ihundted every month, After three months ‘A stops making the ‘payment Advise the son. (fit: Son cannot compel his fathers there was no intention to create legal relationship) { OrreR AND ACCEPTANCE THE PROPOSAL OR OFFER Se. 2) ofthe Indian Contact Ac defines apropos as, “when one person gifs to another his wilingness o do ort abstain fom doing anything, ita view tocbtaining the asen ofthat ther to sach actor abstinence be Ib sald to make a proposal The terms proposal and offer are used inverchangeably, An ole snot merely request or piece of information of fatement of intention, Its much more than ll hes. Therefore essential ‘ements of apropos” or an ‘ler ae: {)lkimust be made to another person. There cannot be apropos by petson to himvele () Temay be made todo something or abstain from doing something "This means tht ler may be postive or negative eg () The Binance company ofers ato confcatcar (Le, negative ole ifthe customer promises to repay the outstanding amount before the agreed day, (8) Tt may be an offer to construct a wall to provide privacy (positive fe) or not o construct wall (aegative ofr) s that ie passage ot light and sir may aot be obstructed. (© Itmust be an expression ofthe willingness todo orto abstain from doing something amples 1) casual engsiry "Doyo ned tl our xis propos 2) Armere statement of intention eg. "T may sll my car Tan get ‘ath fori ita propos 5) Anadereme!toheldanaucton smerdya decal ofimtention 4 Lewis, an amnoucement of batt compton by eat pot 1 scholazship examination by a college Is not an offer = 9) avin tose ny ke ou €25 40 prop (4X ss be made witha view o obtaining the assent of the other ‘Person to such actor abstinence Intention muse to oten consent of other person. Example 5 above propos ait an expreion filings to sls Vike and hat been made with the objec of busing the ates of ther pur ‘Te person making the ‘ropon orf ical he roma o oer the person to whom th ofr sma cle the ‘free and he pon secepting thf cald the promi or set SOME IMPORTANT CONCEPTS WITH REGARD TO OFFER 1. An fer maybe exper implied An of ay be ade eer ‘by words or by conduct, " Expres Offer A fer which made byword, poke or writen ‘called an ‘express offer, = Eumlee a (6) Avao you puch year 14000" (0, Axdvsetinthweppe twa 050 aye nes ‘myn dop Implied Ofer: An oer which i conde fom the conto Peton or the amtances ofthe ae alee ‘ped fi amples Impede (0 Atreaotcompeny ras hoe ites ote cy png ‘Tekan plate ep company cay seg or (0) Aveighing machine hep ray sation an imped ofr owe te ‘machin by inserting the necemry col, Automatic nding machine sho an gle tert he goods. Thorton She Lane Paring Li Lord Denning alent ath olto made when propre ‘ofthe machine had outa being edt rece the money, The seceptance takes pce when the castor pts his onc nn th apr ans Aeraptance 2. An offer may be specifi’ or ‘general: Specific Offer: An ofr is sid to be ‘specifi’ when its made wo a Aefsite person ot group of persons. Such an offer can be accepted ‘only bythe person or group of porsons to whom its mad. Thus, ‘where A makes anffer to Bto sel his car for 60,00, theres aspect offer and B alone can aceept it General Offer Aenea fe’ is one which is made tothe world st Jargeor pubic In genera I may be accepted by any person by ung the raqlted conditions. The lndmark eas of eneral fe is tha of ‘Gal Carblc Smoke Ball C. popularly known as Smoke Bll xs. ‘Case Law, Carll. Carb Sole Bll Co, (Smoke Bal Case, 193) "TheCatbolSnoke Halle an dvertiementin which the Company fered pay 10 pounds toany erin whocathesinuen afer rng ted thi Sock Halls neil preparation called The Carole Smoke Bale thee nes dl fro wel, cording the rine ieton. ‘Mes Calo the ith ofthe advertisement, Booght and used the Balls According te diets, bute neverhles ubequeny sete fom. Ines Sb sued the company forthe promised reward The company snasheld lable Here ptfocmance a perth printed ects was hed to ‘efit ceptanc. In rch date conat the fe demands action oti of acceptance speed with Un such ene tiers etacted or withdraw ican be acpted by anyones any eas [nea comtnaing fe Reward Poster or Advertzement of Reward: [Advertisement of eward addressed to the public at lage, for the restoration oflot article ira general fe. Such offer may be acepted by any person ating as per the terms ofthe offer in order to give rite to-a contractual obligation to pay the reward. In such cases ‘Case Lave Harbhajan Lal Marcharon Lal (1925) 2 advert nthe newpaper that he would pay € 5.000 anyone who {eee hissing boy. who knew about the reward raced tht boy and tent a teegram to X that he had Youn his boy. was held that ¥ was tated reave the amount of ead Such offer is automaticaly closed as soon asthe fist information comes i 3. Aminvitaion to offer isnot an offer. An offer mast be distinguished from an ‘invitation to offer (invitation to tet). The Latin phrase “Invitatio ad ofrendun’ means inviting the offer. Inthe case of a “invitation to oe’ the person sending ot the invitation doesnot ‘make an offer but onl levies the other party to make an of I is prelude toan offer inviting negotiations or preliminary discassions. Invitation to offer isan inducement or atecton to the other party to make an offer against such ataction and indscement. The objective is metely to cirulate Information. Such invitations for offers are therefore ot offers inthe eye of la: They ste simply invitations to negotiate, For example, (a) display of time table by railway, (@) advertisement 10 et-out office space, () brochre ieeved by development authority announcing 4 acheme for allotment of plots (Ghaziabad Development Auhorty% Union of fie) (2) prospect ‘issued by the company, () menu card handed over o customer in 8 restaurant (f catalogues of prices or display of goods with prices marked thereon do net constitute an offer. They aze simply an Invitation for offer and hence acustomer aks for goods or makes a oes, the shopkeepers fee to accept the offer o at Case Laws: Pharmaceweal Society of Great Britain» Bots Cash (Chemists Ld (Mere intaton to mele) (1953) ‘The when and wherd does he al tke place nse ev oe resolved by tislandauskjadgenent ‘Goods were layed in the shop forsale with pie age tach oa ach arte and ef servic ee ws there, One casomer etd the gods ‘ut theoner refuel sel wat ed thatthe diay ood wa oly avant ofrand he aden of gpdsiisaneferby the cone! ‘o buy and esa by owaer na eection of thor andbence thee wa ro contct nd customer had o ight to ue he woe, Marvy Facey (Mere sateen ofthe owet pri) (1858) In ths case de qutaton ofthe ce wa eld nc to be anf. Ame statement of pie sotto be constue a er arin M Mikron (Mare tatomont of tention) (173) An auctioneer advo na near that sl of fice arte wll be eld na particlar day MX wth the neato aby formar came fom dstuntlscefrthesnconbt heaton vacances ‘hat Me Xcaot lea sigue he aston for hiss of tine rd ‘penss because the ederim rar meri ‘ition 9 ofr and otanalfer tos (Off and Acceptance o Inanutsel canbe conauucu wa ofleis diferent from an invitation to anor iatement of the lowest price and a statement of intention, 44. No contracts entered into on cose offer. When two partes make ‘demic offers to each ater, in ignorance ofeach other ofe, the fers are ‘rot-offer. Cros ofer’ do not constitute acceptance of| ones offer by the other Case Tn: Hefnon®Ca,(173) company wrote toX fering s40tonsofionat 68 shiling pero. (nthe same iy X wot the company offing to buy 80 to a 69 ‘hing perton Thelen crn pos ander fthem ew any thou! the lero the oer X coed th wis « god cont Held ‘hat there was no contact and th company woud ot be bound ros ‘fr dona make aconact 5. Standing offeror tender, (A tender notice isnot an oe Its only an invitation extended to ‘contractors for making offers (iA ender (Le tender submited) is however an offer and when 3 tender isto supply specific goods fora certain period at certain price its known as standing offeror continuing offer (i) The oferor is fee to revoke the standing offer with regard to further spply. any time, by giving a notice. (i) In cate of standing oe a contact I sad to have been entered ‘nto only when an order i placed onthe bas of «tender. ‘Case Law: Chat dha) italda Morena Parare (SC 1956) Incas ofstanding fe wat eld that when anode placed contact, rue and ul then tht rn contac A, each separate rr and order or st order he fll gana of gods eon he ‘halle no breach of contract. LEGAL RULES REGARDING A VALID OFFER Esentil elements of aid offer are 1, An offer must contemplate to give rise to legal consequences. A valid offer is one which ir made with an intention o givers olga consequences An ofr to one wife to visits mall and dine outside nota valid fferanditcannot givers toa binding agreement because Jn domestic agreements the presumption i that dhe parties do not intend legal consequences. While in the ease of business agreements ‘the peesuption i hat parties intend legal consequences on default. The terms of the ofer must be certain and not loose or vague. In ‘order to constiute aval offer the terns of the offer must be definite and certain. an agreement to agree in future isnot a contract, ‘case the terms of agreement are uncertain. A promis to favourably ‘consider an appllaton for eneval of contract does not create any legal obilgation for being vague (Montreal Gas Cx Vasey. at La alr organ (1855) ‘ied okt ete ihe ote ws pt Ine therongh ei nd cede eet i Hd rf point ating pa 181) 1 prc shone cm Gnd promise py pend ane pen Heid pee Geld sonic, hegre bigot see Aner tobe valid mustbe commanieated Offercansot be accepted In its ignorance. Knowledge ofthe offer is extential for acceptance as eas established in the following cae: (Cae Law Lalan Shukla. GauriDut 15) Gsenthis eran in euch hie et nephew Afr the rerant ade, CGannouncd evar to anybody gvinginformiton relating othe oy. ‘The sera, beloresetng the announcement, hed tied the boy and ‘normed Lateran the otic of reward the servt chet iss land onthe ground that ecoald no acer the ees, snlsehehad know of ‘The above ease aio established «rule that acceptance can ot precede anole o acceptance must suceeed an of. |. Am offer cannot prestibesllence on the part of other party a5 acceptance. Aa offeror cannot say that if acceptance is not communicated up to cern date, the ofr wosld be considered to have been accepted. Because ofthe simple reason that obligation to respond cannot be impoued, Offeror cannot exploit offered inertia (oferta point 4 page 210), ‘Offer may be conditional means that an ofr can be made subject tw ay terms and condition eg offerer may ak for payment by RTGS pyran aang - cor NEFT.Bven the mode of acceptance (eg, by e-mail telephone et.) can alco he prscribed by ofee. (6. Communication of special terms, Special terms ofthe contract are sully contained in a recip, cket or standard form document” ales regarding conumnicaton of special tems ae: (@) These must be communicated before ora he time of formation ‘of contract and not Inter otherwise these are nt binding wpon the acceptor as Le: ley: Maton (196) ‘bund ad i we itd ony a tl ap we et leune When hy ent toes te rom terete enone ‘Gombe tac "Tepopeeintho ems flr sk, Te property having be kn ving the eglpnce hotel ax bl warble cor a hate over wasats pote penne Not ar nicine athe cnt anderson Severson (175) ‘x bought seane ticket, Cndtions ware pete on he ack te “nha writen dat he company alot be responsible fr ous [Crlognge, neve ke the back the ick. is ngege wat tos Heine damage forts ras eld that 8 was eile 0 cover his as from the company as ther eas wt saint ‘Communiceton of the terms and condition. Theron ofthe ket ‘ore no ference othe back fom thee fick it writen ha for todo se back or ete tan ve then station wold be erent and company wold ot be le for damages whether A hasten the condition 2 ample ‘DMIRC putsitsinaructon barat the en pln such irons te binding onthe paneer at dog Dfore the frmaton of ‘Conractandeasonbl eft bar been made bring atenton ofthe punenges such conditions by plang ate consplenas place (The acceptor cannot plead tht he was literate or blind or did ‘not know the language or didnot read Mf here is reasonable and ‘adequate notice as specified in point) above of special terms Seo accent Sommerer ie aims ‘Camus ks yoann nyheter heads ‘itn eye ein ring ts (©) Extremely unreasonable conditions have not been held tbe binding. Ths, a drycleaners terms tht he will pay only eight ‘mes the amount of dryleaning charges fo los of garments has been held to be unreasonable. Mos ofthe cases where the Indian ‘courts declared the conditional cause ae unreasonable are related to garment and laundry industries, The Supreme Court has also held that standard form contracts drawn up even by the Government must be far and that these contacts are open Juda review on grounds of unreazonbleness and unfairness (CIC of india» Contra Blctricy Regulatory Commision). Courier Services and Special Terms (ase Lam Barth iting. DAL World Epes Courter (SC 1985) ‘The Appl had sent cern expt daca ina cover Comigament ‘ote whlch limited the Uabityof courier company war nigneé by hem, Consignment i at each be detition. Applian aleged athe seed ‘huge loss due to tan died rom cour company. Referring Anson's taw of contest, 24th Eda. page 152, was el by the leat Judges that since the cximanthadaccepedthe ers and condone whch lied the abit of DHL to US $10 sbeintiled wo reavthatearant ay. ven in ease of courier companies which don't ask for signatore on » Sey Re te on al ig a so ‘example loan given to a mi iolmcr ‘allen gens minor pyogenes ed from property of the minor, any. a ” psy of Parte 4 Bxpenses incurred forthe marriage ofa female member inthe fal Legal expenses aso. ‘What sa necessary artic’ it be determined with reference tothe circumstances of th particular minor The definition of necessary Article wl difer from person to person depending upon his socal ‘ats and economiecontion, The courts decide in their own wisdom depending on commonly aceepted connotation of term ‘neces diferent fom ‘hsury (Le, the nature ofthe goods supplied) and Social status of paticular minor (Cae Lave Nash man (1908) Maino purchase 1 any walt cot fom N while be was akexdy avin slit big to wens Hels thew 13 cous were not neces tn could ot cover the ee thereat os the minor fer anya them. 7. Minor as Partner. A minor being Incompetent to contract cannot became a partner in «partnership im. But with the consent ofa ‘other partners he can be admitted tothe benefits of partnership Sem only for sharing proftsand not loses (Se.30 ofthe Indian Partnership ‘Act. On attaining majority sach a minor hat an option either to ‘become e partner or nt to become a partner and eave the fim. This ‘option canbe exercised by him within a period of sx months from the date of attaining the majority Fhe fas to exercise the option ether vray then on the expiry ofthe above stated period of six months he futomatialy becomes a partner Le. by defi. 8. Minor as Agent. Minor canbe appointed as an agent (Sec. 164). He shall bind the principal by hisacs done in the couse of suchan agency land connot beheld personally Tishle even neat of breach of 205% {es exceding authority given tom. Thusin appointing the minor a+ a agent the principal ake a great rs, 9. Minor and Insolvency. A minor cansotbe 2jxdged insolvent because the cannot be held personaly ible even for necessaries supplied to him oe his dependents. 10, Contracts Entered into by Minor and Adult Jointly Where a minor tnd an adult jointly enter Into an agreement with another person, the minor has no labty but the contract as a whole can be enforced cantast thecal ‘1. Surety for a Minor. Where in a contra a pan aber rete om cof guarantee. a adult stand, ander the contrat andthe ino Poston of Minors Parts The prs ‘for agreement made by a minor, amet cht h ‘Purchase of necessaries or not. wil be hl table ost burch fms ot. The us il bh bo ‘contracting as an agent for the parents. : pbinsie (Offences by Favenies 13. Minor Shareholder. A mi shareholder of the coy ‘at of company a shareholder on buying fully pad shares nly 14 Minors Laity in Tort. The word or signifies wrong. A tori ove ron Int this brea a a ‘contract, there is breach of duty wh ee sa of dy which eed by he sng Bamps (9 Xenon ted ix ne ©) XeopaYitefalounemacmnees “Minor is liable in peace telah tna ah fc Case Laws: Jennings». Rundall (1799) ai nin gd hye tg a a ‘could ee mde ale ae forte fiona ‘esa nalnghin ale becofoarce nm Wold Durmandy Haggis (1865) Ansinarhired mare i de trntricon tang. lent the mare this fiend whe re who killed iby making jmp. Here. mtors Tepes of oe “9 wrongfl ctf unauthorised lending of mare fiend isindependent of Theeontact Mor war bed lable tort and therefore py mages 15. Specific Performance. Specific performance cannot be granted in Iminock agreements ut contact entered into by his guardan on his behalfean be specially enforced where the contract i within the ‘tuthorit ofthe guaran and ts forthe Benefit of minor (Case Law:Subramanayem Subba Ra “Atrnfr oer property by amir’ guardian o py sm nbeited ‘hrs eld tobe binding on him. ‘The Hindu Minority and Guardianship Act, 1956: The Supreme Court of indi in Sar. Sunder singh (2013) referring to Se. 83) of| the Hinds Minority and Guardianship Actheld thatthe sl of mine's Immovable property can not be done without court permission ee ‘though it has Been done forthe welfare of minot 16. Minor and Limited Liability Partnership (LLP). Under the LLP Act 2008, there is no specific provision to mit minor to the benefit of partnrehip ora member of LL. 17, Liability under Juvenile Justice (Care & Protection) Act, 2015. The Jwenile Justice (Care & Protection) Act, 2015 came ino force wef 1th anvary, 2016. stipulates that minors in the age group of teen tw eighteen years, accated of heinous crimes like murder, rape or acid titacks canbe tried os adults, if decided so by the Juvenile Justice Board (8). The Act empowers JB to examine the nate ore and

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