##Contract viva for all

Sections Particulars
Preliminary
1 Short title
2 Interpretation-clause
Chapter I Communication, Acceptance and Revocation of Proposals
3 Communication, acceptance and revocation of proposals
4 Communication when complete
5 Revocation of proposals and acceptances
6 Revocation how made
7 Acceptance must be absolute
8 Acceptance by performing conditions, or receiving consideration
9 Promises, express and implied
Chapter II Contracts, Voidable Contracts, and Void Agreements
10 What agreements are contracts
11 Who are competent to contract
12 What is a sound mind for the purposes of contracting
13 Consent defined
14 "Free consent" defined
15 "Coercion" defined
16 "Undue influence" defined
17 "Fraud defined
18 "Misrepresentation" defined
19 Voidability of agreements without free consent
19A Power to set aside contract induced by undue influence
20 Agreement void where both parties are under mistake as to matter of fact
21 Effect of mistakes as to law
22 Contract caused by mistake of one party as to matter of fact
23 What consideration and objects are lawful, and what not
24 Agreements void, if considerations and objects unlawful in part
Agreement without consideration, void, unless it is in writing and registered or is a promise to
25
compensate for something done or is a promise to pay a debt barred by limitation law
26 Agreement in restraint of marriage, void
27 Agreement in restraint of trade, void
28 Agreements in restraint of legal proceedings, void
29 Agreements void for uncertainty
30 Agreements by way of wager, void
Chapter
Contingent Contracts
III
31 "Contingent contract" defined
32 Enforcement of contracts contingent on an event happening
33 Enforcement of contract contingent on an event not happening
When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living
34
person
35 When contracts become void, which are contingent on happening of specified event within fixed time
36 Agreements contingent on impossible events, void
Chapter
Performance of Contracts which must be Performed
IV
37 Obligations of parties to contracts
38 Effect of refusal to accept offer of performance
39 Effect of refusal of party to perform promise wholly
40 Person by whom promise is to be performed
41 Effect of accepting performance from third person
42 Devolution of joint liabilities
43 Any one of joint promisors may be compelled to perform
44 Effect of release of one joint promisor
45 Devolution of joint rights
46 Time for performance of promise, where no application is to be made and no time is specified
47 Time and place for performance of promise, where time is specified and no application to be made
48 Application for performance on certain day to be at proper time and place
Place for the performance of promise, where no application to be made and no place fixed for
49
performance
50 Performance, in manner or at time prescribed or sanctioned by promisee
51 Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
52 Order of performance of reciprocal promises
53 Liability of party preventing event on which contract is to take effect
Effect of default as to the promise which should be performed, in contract consisting of reciprocal
54
promises
55 Effect of failure to perform at fixed time, in contract in which time is essential
56 Agreement to do impossible act
57 Reciprocal promise to do things legal, and also other things illegal
58 Alterative promise, one branch being illegal
59 Application of payment where debt to be discharged is indicated
60 Application of payment where debt to be discharged is not indicated
61 Application of payment where neither party appropriates
62 Effect of novation, rescission, and alteration of contract
63 Promise may dispense with or remit performance of promise
64 Consequence of rescission of a voidable contract
65 Obligation of person who has received advantage under void agreement, or contract that becomes void
66 Mode of communicating or revoking rescission of voidable contract
67 Effect of neglect of promisee to afford promisor reasonable facilities for performance

Legal language viva for all legal

1) UBI JUS IBI REMEDIUM

ANS:- THERE IS NO WRONG WITHOUT A REMEDY

2)DAMNUM SINE INJURIA / INJURIA SINE DAMNUM.

ANS:- ACTUAL DAMAGE SUFFERED WITHOUT LEGAL INJURY / LEGAL INJURY SUFFERED
WITHOUT ACTUAL DAMAGE

3) VOLENTI NON FIT INJURIA

ANS:- DAMAGE SUFFERED BY CONSENT IS NOT A CAUSE OF ACTION

4) DE MINIMIS NON CURAT LEX

ANS:- THE LAW DOES NOT CONCERN ITSELF ABOUT TRIFLES

5) RES IPSA LOQUITUR

ANS :- THE THING SPEAKS FOR ITSELF

6) REX NON PROTEST PECCARE

ANS:- THE KING CAN DO NO WRONG

7) RESPONDEAT SUPERIOR

ANS:- LET THE SUPERIOR BE RESPONSIBLE

8) ACTUS NON FACIT REUM NISI MENS SIT REA

ANS:- THE INTENT AND THE ACT MUST BOTH CONCUR TO CONSTITUTE

THE CRIME :- AN ACT DOES NOT MAKE ONE GUILTY UNLESS THERE IS ALSO A CRIMINAL
INTENT

9) AUDI ALTERAM PARTEM

ANS:- NO MAN SHALL BE CONDEMNED UNHEARD

10) NEMO DEBET ESSE JUDEX IN PROPRIA CAUSA

ANS:- NO MAN CAN BE JUDGE IN HIS OWN CAUSE

11) NEMO DAT QUOD NON HABET

ANS:- NO ONE CAN GIVE WHAT HE DOES NOT POSSESS

12) CAVEAT EMPTOR

ANS :- LET THE BUYER BEWARE

13)ACTUS DEI NEMINI FACIT INJURIAM

ANS:- THE LAW HOLDS NO MAN RESPONSIBLE FOR AN ACT OF GOD

14) NEMO TENETUR SEIPSUM ACCUSARE

ANS:- NO MAN CAN BE COMPELLED TO INCRIMINATE HIMSELF

15) SALUS POPULI EST SUPREMA LEX

ANS:- REGARD FOR THE PUBLIC WELFARE IS THE HIGHEST LAW

16) QUOD AB INITIO NON VALET IN TRACTU TEMPORIS NON CONVALESCIT

ANS:- THAT WHICH WAS ORIGINALLY VOID, DOES NOT BY LAPSE OF TIME, BECOME VALID

17) IN JURE NON REMOTA CAUSA SED PROXIMA SPECTATUR

ANS:- IN LAW, THE IMMEDIATE NOT THE REMOTE CAUSE OF ANY EVENT IS TO BE
REGARDED

18) IGNORANTIA FACTI EXCUSAT IGNORANTIA JURIS NON EXCUSAT

ANS :- IGNORANCE OF FACT EXCUSES : IGNORANCE OF LAW DOES NOT EXCUSE

19) NULLUS COMMODUM CAPERE PROTEST EX SUA INJURIA PROPRIA

ANS :- NO MAN CAN TAKE ADVANTAGE OF HIS OWN WRONG

20) NEMO DEBET BIS VEXARI PRO UNA ET EADEM CAUSA

ANS:- A MAN SHALL NOT BE TWICE VEXED FOR ONE AND THE SAME CAUSE

21) CESSANTE RATIONE LEGIS CESSAT IPSA LEX

ANS:- REASON IS THE SOUL OF THE LAW AND WHEN THE REASON OF ANY PARTICULAR
LAW CEASES SO DOES THE LAW ITSELF

22) ACTA EXTERIORA INDICANT INTERIORA SECRETA

ANS:- ACTS INDICATE THE INTENTON

23) DOMUS SUA CUIQUE EST TUTISSIMUM REFUGIUM

ANS:- EVERY MANS HOUSE IS CASTLE

24) NEMO EST HAERES VIVENTIS

ANS:- NO ONE CAN BE AN HEIR DURING THE LIFE OF HIS ANCESTOR

25) LEGES POSTERIORES PRIORES CONTRARIAS ABROGANT

ANS:- LATER LAWS REPEAL EARLIER LAW INCONSISTENT THERE WITH

26) NOVA CONSTITUTIO FUTURIS FORMAN IMPONERE DEBET NON PRAETERITIS

ANS:- A NEW LAW OUGHT TO BE PROSPECTIVE AND NOT RETROSPECTIVE IN ITS

OPERATION

27) NOSCITUR A SOCIIS

ANS :- THE MEANING OF A DOUBTFUL WORD MAY BE ASCERTAINED BY REFERENCE TO THE

MEANING OF WORDS ASSOCIATED WITH IT

28) EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS

ANS:- THE EXPRESS MENTION OF ONE THING IMPLIES THE EXCLUSION OF ANOTHER

29) VIGILANTIBUS NON DORMIENTIBUS JURA SUBVENIUNT

ANS:- THE LAW ASSIST THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER
THEIR RIGHTS

30)ACTIO PERSONALIS MORITUR CUM PERSONA

ANS:- A PERSONAL RIGHT OF ACTION DIES WITH THE PERSON

## LABOUR LAW VIVA FOR ALL

Q1) WHAT IS DISABLEMENT ?

ANS:- The expression "disablement" means loss of capacity to work or to move. Disablement which reduces the earning
capacity of an employee. Injury caused to an employee by an accident resulting in the loss of earning capacity is technically
called disablement. In other words, a person is incapacitated to work or to move as a consequence of an accident.
Classification of Disablement
Disablement classified into - i) Total and ii) Partial can further be classified as - (a)Temporary and (b) Permanent.
Disablement, whether permanent or temporary is said to be total when it capacitates an employee for all work he was
capable of doing at the time of the accident resulting in such disablement.

Q2) WHEN THE EMPLOYER IS NOT ENTITLE TO PAY THE COMPENSATION ?

ANS:- As per Section 3(1) of the Employees Compensation Act, 1923, the employer is not liable
to pay compensation in following cases: If the injury does not end in the entire or partial
disablement of the employee for a period exceeding three days.

Q3) WHAT IS COLLECTIVE BARGANING ?

ANS :- Collective bargaining is the process of negotiating the employment terms between an
employer and a group of workers. The process takes place between company management
and a labor union.
Q4) WHAT IS THE MINIMUM COMPENSATION PAYABLE IN CASE OF DEATH UNDER
EMPLOYEE COMPENSATION ACT ?

ANS :- The compensation payable on death from the injury, is (i) minimum of Rs. 80000 is
increased to Rs. 120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant
factor. (3) The compensation payable on Permanent Total Disablement from the injury, is (i)
minimum of Rs.

Q.5) WHAT ARE THE CONTAINS OF STANDING ORDERS ?

ANS :- Workmen classification into categories such as permanent, temporary, on probation, etc.

 Method of informing the workmen about working hours, holidays, etc.

 Shift working.
 Temporary stoppages of work.
 Provisions concerning the termination of employment and the notice period.
 Actions/inactions which are treated as misconduct and the consequences for the fault.
 Grievance redressal mechanism in case of unjust or unfair treatment by the employer.
 Attendance marking system for workers.
 Employment termination and the notice thereof to be provided by both employer and the
workers.
 Procedure for availing leave and encashment, accumulation of leaves.
 Workmen records and information, etc.

Q6) WHAT DO YOU MEAN BY ILLEGAL STRIKE ?

ANS:- Section 24 of the Industrial dispute Act, 1947 provides that strikes which are in non-
compliance to section 22 and section 23 are illegal. A strike or a lockout shall be illegal if, It is
commenced or declared in contravention of section 22 or section 23

Q7) WHAT IS LOCKOUT ?

ANS:- A lock-out declared in consequence of an illegal strike or a strike declared in

consequence of an illegal lock-out shall not be deemed to be illegal. Section 24 (3) of Industrial
Disputes Act 1947
A lockout is a work stoppage or denial of employment initiated by the management of a
company during a labour dispute. In contrast to a strike, in which employees refuse to work, a
lockout is initiated by employers or industry owners.

Q8) DIFFRENCE BETWEEN STRIKE AND LOCKOUT?

STRIKE LOCKOUT

Meaning Strike refers to the suspension Lock-out is when the employer

of work by the workers or compels the workers to accept
employees, so as to compel his terms and conditions, by
 the employer, to agree to their shutting down the factory.
demands.

What is Organized and collective Withholding the demand for

it? withdrawal of labor supply. labor.

Tool of Workers Management

Tactic Union power tactic Employer power tactic

Objective To gain redressal of the To gain an advantage by

grievance, or to cause change inflicting proprietary rights
through it. over the workers.

Used to Initiate or resist change in their Force employees to return to

working conditions. work.

Q9) WHAT IS RETRECHMENT ?

ANS :- Section 2(oo) of the Act defines the term 'retrenchment'. The term retrenchment can be
referred to as the permanent termination of the employment of the employee or a worker by
his or her employer for any reason or circumstance, but other than disciplinary action.

Q10) WHAT ARE THE RIGHTS OF TRADE UNION?

1. ANS:- Right to raise issues and enter into collective agreements with employers,

2. Right to collect membership fees and subscriptions,

3. Right to put up notices and make announcements at prominent places in the

premises of the undertaking,

4. Right to hold discussions with employees and employers for the purpose of either
prevention or settlement of disputes,

5. Right to representation on the grievance committee, joint management councils,

and other non-statutory bipartite committees like the welfare committee, canteen
committee etc.
## TORT VIVA FOR ALL
Tort related maxim will ask

1) Malice

Ans :- Malice means spite or ill-will in the popular sense. When an act is done with bad
intention, called Malice. An act or statement becomes malicious if used for purposes
other than those sanctioned by the law authority.

2) Motive

Ans :- A motive is a person's state of mind that inspires him to do an act. It usually means the
purpose of the act's commission. Motive is generally irrelevant in tort law, just like intention.
Motive leads to intention formation, which is the ultimate cause

3) Intention

Ans :- a) Intentional Tort. Some action must be taken with a purpose to commit an intentional
tort, i.e. an intention is must to commit an act. It is essential that there is a mental element.

4) malfeasance

Ans :- Under tort law, malfeasance has legal effect in civil court and the defendant can be sued
by the plaintiff for monetary damages. It is an act done with an immoral purpose and the
person has the knowledge that the act which is being committed exceeds the authority of the
person doing the act.

5) Misfeasance

Ans :- It means the “Improper performance of some lawful act”. Misfeasance means carrying
out legal and improper action, but it is done in such a way that it harms others or causes injury
to other people

6) Nonfeasance

Ans :- Nonfeasance is an act of intentionally neglecting to carry out a duty which is an

obligation and because of the failure to perform the duty, someone is harmed or injury has
been caused. It harms another person or causes injury to a person's property

7) Who can sue ?

Ans:- Defendant is the person who has infringed the plaintiff's legal right and the one who is
sued in the court of law. The general rule is that “all persons have the capacity to sue and be
sued in tort”

Any rational person including businessman, organisation, government and other individuals
can sue, provided that, they are of sound mind and are not disqualified by law..

8) Who cannot sue ?

1. An Alien enemy

2. Convict

3. Bankrupt

4. Husband and wife

5. Corporation

6. An Infant/Minor

7. A foreign state

9) Explain three liabilities ?

Ans :- Vicarious Liability

The rule of vicarious liability imposes liability on one person for the act done by another person.
Normally, a person who has done the wrongful act should alone be made liable for the injurious
consequences arising out of it, but the principle of vicarious liability is an exception to it. In order to
held a person liable for the act done by another person, it is necessary that there should be a certain
kind of relationship between the two persons and the wrongful act done should be, in a certain way,
connected with that relationship. The common examples of such relations include principal-agent
relationship, master-servant relationship and partners.

10) Absolute Liability

The rule of absolute liability, in simple words, can be defined as the rule of strict liability minus the
exception. In India, the rule of absolute liability evolved in the case of MC Mehta v. Union of India.

The facts of the case are that some oleum gas leaked in a particular area in Delhi from industry. Due
to the leakage, many people were affected. The Apex Court then evolved the rule of absolute liability
on the rule of strict liability and stated that the defendant would be liable for the damage caused
without considering the exceptions to the strict liability rule.

11) Strict Liability

It is a kind of liability under which a person is legally responsible for the consequences flowing from
an activity even in the absence of fault or criminal intent on the part of the defendant. It is basically a
legal doctrine that holds a party (defendant) responsible for its actions, without the plaintiff having
to prove the negligence or fault on the part of defendant. When any person involves in ultra
hazardous activities such as keeping wild animals, using explosives or making defective products,
then he/she may be held liable if any other person is injured because of that activity, even if the
defendant took necessary precautions and followed safety requirement.

12) Negligence topic need to prepared by self study

13) Trespass to a person

Ans :- Trespass to person is a tort which is frequently committed in everyday life. It is

basically unreasonable interference with body of a person which can be committed either by
causing actual harm or by just causing an apprehension of force.

14) Wrong affecting reputation ?

Ans :- It refers to a malicious and deliberate attempt by somebody to harm a person's

reputation. The most important requirement of defamation is that the defamatory statement
must be false. Even negative intention may be an ingredient of defamation..

15) Tort domestic relation

Ans :- Tort in domestic relationship can be between husband and wife or parents and children.
This may also include vicarious liability and negligence of the parent or legal guardian for torts
committed by minor under the guardianship of an adult.