Business Law

Ques on 1

Introduc on

Free consent can be defined as a comparison where each party voluntarily and deliberately
encroaches on the realm of their will. This includes agreeing to all clauses and mutual
understanding of issues in agreements or contracts. For an agreement to be sound and
enforceable, it must be reached free of coercion, fraud, deception, influence or stress.
Additionally, the descriptions given by both events must be free of misunderstandings and
errors. Any form of additional consent voids the warranty and cannot be enforced by regulation.
In the case of insurance contracts, insurance is void even if the policyholder has consented,
even if consent has not been lost in the settlement.
Good deals and agreements are easiest to reach when there is non-binding consent from all
parties involved, regardless of motivation or understanding.
For example, if a family member named as a settlement beneficiary pressures you to purchase
health insurance, that insurance may be void because you did not purchase it with the family's
consent. In this case the contract will be deemed void.

Concepts and applications

Now, we explained free consent above. Here are the factors that affect your free approval:
a) Coercion - Coercion can be defined as the use of force to manipulate and compel a person
to enter into an agreement or contract. Threats and intimidation are therefore used to obtain the
consent of the parties in a coercive manner, rather than free consent. Step 15 of the free license
states that you have threatened or threatened to do something prohibited by IPC law. They
threaten to confiscate or illegally confiscate any property with the aim of obtaining consent from
everyone.
For example, X threatened to injure Y unless Y sold her keep to X for her Rs 1,004,444.
b) Tampering (Section 16) – Section 16 of the Contract Act provides a definition of
tampering, even if Y owns the house. The law states that if a family involved in a case can gain
control of one party over the other and use that advantage to gain unfair advantage over the
other It states that it is inappropriate to give This passage also discusses how a man or woman
can abuse their authority in the following ways:
When one person exercises explicit or absolute control over another person. Or he has a
trusting relationship with an alternate character.
He makes contracts with men or women whose mental faculties are impaired by disease, aging,
or need. Insufficiency of thought may be permanent or temporary.
Example: A well sold her solver clock to teacher B for her 200/- rupees after the teacher ensured
a suitable deal. Here, A's consent is not voluntary. He resisted the influence of his teachers.
c) Fraud (Section 17) - Fraud can be described as deceiving one party when one party
intentionally provides false information. It definitely affects non-binding consent. So the
misunderstanding is based on perfect insight whether looking for Authentify is justifiable or
reckless. According to Article 17, fraud can be defined as persuading the other party to reach a
settlement by making statements suggesting false facts that a party cannot believe to be
genuine.
Aggressive Concealment of Facts
Unwarranted Promises
Other Acts Considered Fraud
Example: X bought a dog from Y. Y claims that the dog can be used for security purposes. The
dog is lame, so X cannot use it for protection. Here Y intentionally deceived X, which could
amount to cheating.
d) Misrepresentation (Stage 18) - A misrepresentation may be described when a party makes
a representation that is inaccurate, false, inaccurate, or the like. The difference is that
misrepresentations are honest but may be intentional. The party making Statement believes it to
be true. He has three types of misrepresentation. people make positive statements and consider
them to be true.
Any breach of duty is a blessing to the person who commits it and leads everyone else astray.
But the loss of duty does not deceive the will.
If one party causes the other party to think differently about an issue, remember what the
agreement was about. But this is happening now, not intentionally and innocently.
For example, X agreed to advertise the product with her Y and the deal was made. X changed
without knowing the fact that the goods disappeared for some reason. In this case, the contract
may be void as there is no contractual basis.

Conclusion
Free consent can be defined as those details that are essential for consent to be correct.
Without free consent, the settlement will be contested at the option of either party. This means
that a party has the right to void the contract at will if the consent obtained from the party for
payment is not gratuitous and is based on coercion, fraud, improper influence or
misrepresentation. increase.
Question 2
Introduction
The judiciary, which is the custodian of the Indian Charter, has been given an example of
protecting the environment and actively deciphering the alliance. This legal chronology consists
of 4,444 groundbreaking decisions and 4,444 breathing and sculpted environmental jurisdictions
that have made life far beyond mere wandering. The judiciary plays an important role in
protecting the environment.
Some examples of government interventions to protect the environment are listed below.
a) Local Lawsuits and Claims Kendra & Ors. vs. Supreme Court of India, State of Uttar
Pradesh, Judgment – This example is called the Dehradun Valley Case. In the
Mussoorie mountains of the Himalayas, the quarry challenge has been completed.
Limestone was obtained by blowing up mountains with dynamite. Lacking 4,444 trees
and vegetation, landslides killed many villagers and destroyed their homes, 4,444
farmlands and livestock. With 4,444 mines dug deep into the hillside, the practice has
also led to robberies and cave-ins, but this is not a legal and legal practice. The mining
regulator asked to dismiss the case in court and refer the matter to the authorities on
environmental grounds. Still, the Court dismissed the miners' lawsuit. The lawsuit has
already taken place, an argument given that the court had issued multiple orders before
the environmental protection law was passed.
b) A supervisory board was then set up. The tracking board he managed the company in a
manner peculiar to. However, the tenant disobeyed the order of the Audit Board and
continued unscientific limestone mining in. Public Utilities No. filed through the
Commission, the Court ruled that Mining Employment which was secretly operated by
the Vijay Shree mines, caused extensive damage to the area and ordered the
organization to, ordered to pay by wire transfer of Rs. Years later, the country's Supreme
Court ruled that pollution from the quarries affected people's safety and health. It should
therefore be placed in such a way that it is completely preventable. The right to a perfect
environment is part of individual liberty and the right to life is enshrined in Article 21 of
the Constitution. This litigation requires an ideal forum to balance the business needs of
forest resources with the environment and conservation.

The court said he issued the Order pursuant to the Course Order, and the lessee whose
business and the court had ceased business, would accept priority for leasing in the new
area.

Conclusion
The Court also directed that these obligations must be fulfilled within six months of Court Order.
The problem stems from arbitrary urban planning and private polluters.
The Priority Court ruled under Section 21 that a pollution-free environment is essential to a good
life. Subsequently, the courts strengthened the demands on state agencies through elitist
projects when the municipality felt a need for funding, and by seeking loans from public health
savings accounts to state agencies, the courts sought to increase the state's funding. decided to
meet the demand. Enforcement of Court Orders.
Question 3a.
Introduction
An employee provident fund can be defined as a retirement plan designed to ensure that you
have enough money saved for your retirement. Provident Fund is wholly owned by us and us. It
is deducted from our monthly salary of and credited to the PF account to increase the price and
amount to use and experience after retirement. All large companies with 20 employees are
required to enroll in employee benefit fund.
Concepts and applications
Schemes under provident fund-
a) Employee Provident Fund Act (1952) - EPF schemes utilize schemes to provide assistance in
the event of the death of a group of employees, employees or their heirs who worked for a
company covered by this Act. and was founded. after their retirement.
b) Individual Pension Plan, 1995 – The Individual Pension Plan is a pension plan for workers
who are currently retired and who are fully and permanently disabled or have lost their bed.
Created by Law to provide pensions to employees.
c) Deposit Related Compensation Plans for Employees 1976 – This Act created an
organization or series of plans for his employees to whom this Act applies. Staff The deposit
insurance scheme provides insurance in case of death even if employed. This law was violated
in 1976. Applicability of Regulations.
Staff This fund was established in 1952 under the law of miscellaneous rules and has 4,444
employees. Provident fund, national plan. Law applies to industries or factories employing 20 or
more employees listed in Schedule 1 of Action or more.
EPF calculation.
Each employee's contribution to the Employee Provident Fund He has two - Employee's
contribution to her EPF - The employee contributes her 12 percent of her actual salary and
monthly compensation to her to the EPF account of Employer contributions to EPF: Of the 12
percent, the employer must contribute 8.33 percent to the employee pension plan and his
remaining 3.67 percent must be donated to the employee provident fund. So, 3.67 percent of
150,000 rupees is 5,500 rupees.
Conclusion
EPF benefits employees because it allows them to save a lot of money for retirement.
Question 3b.
Introduction
A tip can be defined as an allowance paid under the Remuneration Act 1972. A tip is an amount
paid by an employer to an employee for services provided by a company. However, employees
who have worked for more than five years of her service will receive a bonus.
Concepts and Applications
Employees Eligible for Retirement Benefits –
Employees Must or Are Entitled to Retirement Benefits Retired Employees
Retired After Working for a Single Employer for 5 Years or More Employee What happens to the
employee who died or is disabled due to an accident or infection
Calculate the tip?
Example: Jatin has been with the company for 10 years and he has 50,000 rupees as his last
withdrawal.
simple amount plus her DA amount then tip amount to Jatin: 10 * 50,000 * 15/26 = 2 rupees,
88,461.54
However employer chooses to tip employee more You may Also, for the months of employment
in the last 12 months, was just over 150 days last year, rounded to the nearest lower number. tip
calculation for an employee who is not covered by the tipping law - even if he is not part of the
company, he can pay compensation. This salary includes commission, base salary and expense
allowance. However, the calculation or determination of tip is primarily based on the individual's
semi-monthly income for each completed year.
The following system calculates tip amounts for employees or employees not covered by the Tip
Act.
Tip Amount = (15 * Final Salary * Years of Service) / 30
Conclusion
An employee's length of employment counts as 12 months for purposes of calculation. If the
number of working months in the previous years is less than his 180 days, the previous type
completed years will be considered. However, in the entire year he is calculated to complete
months, so that year is considered a complete his year. Over 180 years of service.
The length of service was therefore set at 11 years for him. Length of service was at most 10
years if the length of service was 10 years and 4 months (or other than 6 months).