law theory, utmost importance has been given to the remedy aspect of it. In recent tort law developments the area of English Unjust Enrichment law has been increasingly concentrated on. Conventionally, restitution was the only gain-based remedy, but in present times the internal feature of private law has paved way for other gain-based remedies to be adopted. The most widely used remedy is however the concept of compensation, a loss-based remedy. Professor Weinrib’s theory of the private law, justifies
Tort can be described as the area of civil law which provide a remedy for a party who has suffered the breach of a protected interest. The word itself is derived from the Latin ‘tortum’, meaning twisted or wrong. A wide scope of interest is protected by the law of tort. Currently, the tort which is the greatest source of litigation is that of negligence. Negligence concerns personal safety and interests in property, as well as the person while ownership of property is governed by trespass to property
The KWETEY v. BOTCHWAY AND ANOTHER case explains the principle of “you cannot give what you do not have” which has its Latin as “Nemo dat quod non habet”. In this case, the bank, wanted to sell a boat that rightfully belonged to Kwetey and this was established by the court to be against the principle stated supra. The facts in Kwetey v Botchway are that the plaintiff had mortgaged his house to the Agricultural Development Bank (ADB) to secure a loan to replace a broken marine engine in a 40-footer
procedure of the clause. Is the right of termination foreseeable and should be restricted to include notions of good faith and reasonableness? The authors of “The Australian Contract Code” noted that the entire law on termination for breach of contract was summarized as follows: 12. A party may be excused from performance of a contract to the extent that it would be unconscionable for the other to
Introduction International sales contract is an agreement between a seller and a buyer of different countries for the sale of goods. The contract should identify the seller and buyer, the type and the nature of the product, the quantity of the product, the delivery time, and the price of the product, the terms and the conditions of the payment. In addition to these, a well constructed international sales contract will give a special reference to the governing body of law which would be the forum
Introduction Most of the construction contracts oblige the contractor to complete the works within a specified period of time failure to which, the employer will be entitled to sue for liquidated damages occasioned by the delay, at the percentage rate indicated in the contract. The contractor’s duty to complete by the contractual date will be relieved if an event not within his control happens entitling him to an extension of time. However, there might be obstacles and impediments to completion of
different countries as well as UNCITRAL Model Law. The following are several judgments that impactfully interpreted the law of arbitration in India. The Supreme Court in Narain Khamman v. Pradhuman Kumar , observed that though it is well settled principle that though the statement of objects and reasons accompanying a legislative bill cannot be used to determine the true measuring and effect of the substantive provisions of statute, it is still permissible to refer to the statement of objects and
of the factors that lead to a breach of a contract. However, there are instances where carelessness has caused harm when there is no contract at all, and there is nothing for one party to sue another. In situations like these, the tort of negligence applies, as it is concerned with careless conduct which causes damage. Under the law, tort is a civil wrong which consist of a breach of duty which is imposed by law other than an agreement provided in a contract. Significantly, liability is fault based
Rule The Common Law Parol Evidence Rule enacts a principle of contracts that presumes that a written contract is a complete agreement between the parties to the contract. The rule forbids any introduction of the evidence before the jury or judge of extrinsic evidence of any communications between the parties that is not contained in the language of the contract that discloses an ambiguity and clarifies it or adds to the written terms of the contract that appears to be whole. In other words, the Parol
one person towards another” . Mutual obligation of partners prescribed in the agreement indicates the intention and consent to submit each partner to it. Therefore proposition is right about the contractual attribute of obligation provided where contract law is applied as a legal institution to address partnership