Fraud Section 17 defines fraud as follows: Fraud means and includes any of the following acts done by a party to a contract, or by his connivance, or by his agent, to decieve another party thereto or his agent, or to induce him to enter the contract. Such acts include- 1. H e suggestion, as a fact, that of which the party knows or has reason to believe to be not true. 2. A ctive concealment of a fact by the one who knows or has reason to believe to be true. 3. Making a promise he does not intend to fulfill. 4. A ny act fitted to deceive. 5. An act or omission as the law specifically declares to be fraudulent. Illustrations A sells, by auction, to B a horse which A knows to be unsound but does not tell anything to B. This is not fraud. B is A's daughter who has just come of age. In this case, it is A's duty to tell B that the horse is unsound. B says to A, "If you do not deny it, I will assume that the horse is good."
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Undue Influence Section 16 defines Undue Influence as follows : A contract is said to be induced by Undue Influence when the relationship between the parties is such that one party is able to dominate his will on the others and uses that position to gain an unfair advantage. A person is deemed to be in the position of dominating the will of the other if - · I f the person holds a real or apparent position of power · I f stands in a fiduciary relationship with the other. · I f the other person is mentally weak because of sickness, disease, or economic distress It further says that if a contract is unconscionable the burden of proof lies of the person in whose favor the contract is to prove that it was not induced by Undue Influence, other wise the burden of proof is on the one who alleges it. Illustrations A advances some money to his minor son B. Upon majority, A makes B sign a contract t
Coercion Section 15 defines Coercion as follows : Coercion is committing or threatening to commit an act that is prohibited by IPC, or any unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with an intention of causing any person into entering a contract. It is immaterial whether IPC is in operation at a place where such act took place. Illustrations A threatens B at gun point to sell his land to A. A while in an English ship on high seas enter into a contract with B by intimidating B that is unlawful in India. Later on A sues B of breach of contract in Calcutta. This is coercion. Chikham Amiraju vs Chikham Seshamma 1912 - Husband threatened to suicide unless wife gave property to his brother. This was held coercion. Askari Mirza vs Bibi Jai Kishori 1912 - Threatening a criminal prosecution is not coercion per se. It could be coercion if the threat is to file false charges. Astley vs Reynolds 1731 - Plaintiff had pledged his place
Essentials of a Valid Contract There must be two or more people involved. There must be an intention to contract. Balfour vs Balfour 1919 - Husband promised to send money to wife. Not a contract because there was no intention to contract. There must be an agreement to do or to abstain from doing something. The agreement must involve a lawful purpose, which means - agreement must not be against marriage, trade, legal proceedings, or it must not be a wagering agreement or must not be expressly prohibited by law. Agreement must not be uncertain Must not be impossible. Sec 56. Free consent - not vitiated by coercion, undue influence, fraud, or misrepresentation. Parties must be competent to contract. Lawful consideration. Lawful object. Legal formalities Must be enforceable by law, which means must not be immoral or against public policy.
Liability in Tort Liability is of two types: (i) Absolute or strict, and (ii) Vicarious. (i) Absolute or strict liability- Sometimes a person may be liable for some harm even though he is not negligent in causing the same, or there is no intention to cause the harm, or sometimes he may even have made some positive efforts to avert the same. In Rylands v. Fletcher, 1868, the House of Lords laid down the rule recognizing ‘no fault’ liability. The liability recognized was ‘strict liability’, i.e. even if the defendant was not negligent or rather, even if the defendant did not intentionally cause the harm or he was careful, he could still be made liable under the rule. Facts of the case- the defendants got a reservoir constructed, through independent contractors, over his land for providing water to his mill. There were old disused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the res
Provisions of nuisance in the Penal Code S. 268- Public nuisance - A person is guilty of public nuisance whose act or omission causes common injury danger or annoyance to the public. A common nuisance is not excused on the ground that it cause some convenience or advantage. S. 269- Negligent act likely to spread infection of disease dangerous to life- Whoever spreads any infection of disease negligently or unlawfully- 6 months, fine, both. S. 270- Malignant act likely to spread infection of disease dangerous to life- Whoever malignantly does any act to spread the infection of any disease dangerous to life- 2 years, fine, both. S. 271- Disobedience to quarantine rule- 6 months, fine, both. S. 272- Adulteration of food or drink intended for sale- 6 months, 1000 Rupees , both. S. 273- Sale of noxious food or drink- Whoever sells, offers or exposes for sale which has become noxious (poisonous or harmful)- 6 months, 1000 Rupees , both. S. 274- Adulteration of drug
Tresspass in Indian Penal Code S. 297- Trespassing on burial places with intention of wounding the feelings of any person or insulting the religion- 1 year, fine, both. S. 441- Criminal trespass- whoever enters other’s land to commit an offence or to intimidate, insult or annoy. S. 442- House trespass- Whoever commits criminal trespass by entering into any building, vessel or tent. S. 443- Lurking house trespass- Whoever commits house trespass having taking precautions to conceal such trespass from the owner. S. 444- Lurking house trespass by night- Whoever commits lurking house trespass after sunset and before sunrise. S. 445- House breaking- Whoever enters into a house by making a passage, or with the help of the abettor, or by opening any lock etc. S. 446- House breaking by night- after sunset and before sunrise. S. 447- Punishment for criminal trespass- 3 months, 500 taka, both. S. 448- Punishment for house trespass- 1 year, 1000 taka, both S. 449- H
Defamation Defamation is injury to the reputation of a person. If a person injures the reputation of another, he does so at his own risk, as in the case of an interference with the property. A man’s reputation is his property, and if possible, more valuable, than other property. S . 499 of the Penal Code - Whoever by words either spoken or by visible representations, makes or publishes any imputation concerning any person intending to harm the reputation of him, except in the cases hereinafter excepted, to defame that person . Ten exceptions :- 1. Imputation of truth which public good requires to be made or published. 2. Public conduct of public servants. 3. Conduct of any person touching any public question. 4. Publication of reports of proceedings of Courts. 5. Merits of case decided in Court or conduct of witnesses and others concerned. 6. Merits of public performance. 7. Censure passed in good faith by person having lawful authority over another. 8.
DO U KNOW.....! Negligence in our laws under " The Indian Penal Code, 1860 – S. 284 - If anyone has custody of poisonous substance and fails to guard against probable danger is punishable with 6 month or 1000 Rupees or with both. S. 285 - If anyone acts rashly or negligently to endanger human life with fire or combustible substance is punishable with 6 month or 1000 Rupees or with both. S. 286 - If anyone acts rashly or negligently to endanger human life with explosive substance is punishable with 6 month or 1000 Rupees or with both. S. 287 - If anyone acts rashly or negligently to endanger human life with any machinery is punishable with 6 month or 1000 Rupees or with both. S. 288 - If anyone in pulling down or repairing any building knowingly or negligently omits to guard against probable danger to human life, he will be punishable with 6 months or 1000 Rupees or with both. S. 289 - If anyone knowingly or negligently omits to take such order with any