Tag Archives: Contract Law

An Essay On Arbitration Agreement And Doctrine Of Separability

ABSTRACT:

The major argument against the doctrine of seperability is that it refutes the contractual approach to arbitration law. It has been criticized as it takes away the rights of the parties to move to court. Unfortunately, the effect of this doctrine is so wide that the practitioners fail to apply it in its limited context. Arbitration practitioners and scholars often venture out from its restricted context and apply it to generally separate the arbitration agreement from the carrier agreement. This has opened a Pandora’s box for habitual litigants to impede the determination of disputes. As a result of this, parties are burdened with mounting expenses, and the courts are also burdened with frivolous cases.

Authored by Divyanshi Gupta, Faculty of law, Lucknow University.

An Analysis On Merits And Demerits Of Contract Law

ABSTRACT:

Signing of contract means that all the parties have agreed to terms and conditions of the contract, their consent is  free,  hence they accept the legal obligation of the contract. The purpose of contract law is to draft comprehensive terms of agreement, parties obligation, etc. According to legal scholar Sir John William Salmond, a contract is “ an agreement creating and defining the obligations between two or more parties” For the formation of a contract the process of proposal or offer by one party and the acceptance thereof by the other is necessary. This generally involves the process of negotiation where the parties apply their minds make offer and acceptance and create a contract.

Authored by Abhay Singh, University of Lucknow.

CONTRACTUAL AND TORTIOUS LIABILITY FOR PROFESSIONAL NEGLIGENCE

ABSTRACT:

This  article analyses whether, and to what extent, the law permits a choice between finding liability in contract and in tort. The answer to this question is important because the outcome of a case may differ depending on whether the claim for damages is based on a breach of contract or on a violation of a tortious duty.finding liability in tort is not precluded if the damage is caused by or related to the (non-) performance of a contractual obligation. This contribution traces the historical development of these approaches and explains their differences by looking at the underlying structure of these systems of private law. It also shows that the resoluteness of both solutions has softened over time, as a result of judicial and legislative interventions. To support this argument, recent developments in case law and legislation are discussed. In this article . Indeed , what this article ultimately seeks to achieve is evaluating the liability of contractual and tortious in professional negligence

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida

The Troubled Relationship between the Tenant and the Landlord during the COVID-19 Pandemic and its Repercussions

Abstract:

The COVID-19 pandemic is the worldwide pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). , which originally emerged from China . The government has lay down certain restriction like lockdown and social distancing for containing spread of disease.As a result of governmental restriction and preventative social measures commercial landlord and tenant are now facing complete or partial shut of business operation .It not only affected economic and organisational norm but also deeply affected our relationship both interpersonal and social. Many tenants are facing financial crisis due to Coronavirus and are not able to pay rent. When the tenant default on rent, the landlords suffer and might not be able to meet their own financial obligation such as making the mortgage payments on the rental property, electricity and water charges, insurance, maintenance, property tax, etc.The relationship of any tenant-landlord/ lessee- lessor relationship is pure and simple a contractual relationship based on the free will of the parties ( where the monthly rental happens to be below a specified amount and such a relationship being governed by the various provisions of the Rent Control/ Regulation Acts enacted by various States are situation of exception). This relationship is governed by the contract between the landlord and the tenant which when brought down into writing, forms the Rent Agreement/Lease Deed (Agreement). This Agreement/ Deed is largely governed by the various provisions of the Indian Contract Act, 1872, inter alia and particularly with respect to offer, acceptance, consideration, term, breach and frustration of contract.

Authored by Jyothi Pathak, Gautam Buddha University, Greater Noida.