Law of Business Contracts in India

Author: Sairam Bhat

Publisher: Sage Publications Pvt. Limited

ISBN: 9353881579

Category:

Page: 352

View: 779

Law of Business Contracts in India brings together in-depth, wide-ranging articles by legal experts in the area of Business Contracts. It focuses on the modern forms of business contracts and exposits on the historical evolution, judicial interpretation and future applications of such contracts. The articles bridge the gap between the theoretical understanding of contract law and its practical orientation, need, relevance and challenges. The key features of the volume are: * Comprehensive coverage of modern laws on contract formation. * Discussion on the relevance of international laws in the global business context. * Delineation of the modern style, practice and challenges confronting new forms of contracts. * Description of the application of contract law to special contracts. * Discourse on the issues of international taxation and multinational contractual jurisdiction. * Research-based analysis of the common law approach with the Indian perspective on contract law application. The compilation views modern business contracts in a wide variety of commercial segments-from infrastructure to consortium loans, from joint ventures to outsourcing. It will serve as an excellent reference material for students of law, especially commercial law and business contracts. It will also be an exhaustive guide for lawyers and entrepreneurs.
Law of Business Contracts in India

Author: Sairam Bhat

Publisher: SAGE Publications India

ISBN: 9788132104780

Category: Law

Page: 352

View: 217

Law of Business Contracts in India brings together in-depth, wide-ranging articles by legal experts in the area of Business Contracts. It focuses on the modern forms of business contracts and exposits on the historical evolution, judicial interpretation and future applications of such contracts. The articles bridge the gap between the theoretical understanding of contract law and its practical orientation, need, relevance and challenges. The key features of the volume are: • Comprehensive coverage of modern laws on contract formation. • Discussion on the relevance of international laws in the global business context. • Delineation of the modern style, practice and challenges confronting new forms of contracts. • Description of the application of contract law to special contracts. • Discourse on the issues of international taxation and multinational contractual jurisdiction. • Research-based analysis of the common law approach with the Indian perspective on contract law application. The compilation views modern business contracts in a wide variety of commercial segments-from infrastructure to consortium loans, from joint ventures to outsourcing. It will serve as an excellent reference material for students of law, especially commercial law and business contracts. It will also be an exhaustive guide for lawyers and entrepreneurs.
Business and Corporate Laws

Author: Tulsian P.C.

Publisher: S. Chand Publishing

ISBN: 9788121936415

Category: Business & Economics

Page: 5

View: 273

Section A: Business Laws|The Indian Contract Act, 1872|Meaning And Essentials Of Contract|Offer And Acceptance|Capacity Of Parties|Consideration |Free Consent|Legality Of Object And Consideration, And Agreements Opposed To Public Policy|Void Agreement
Contract Law in India

Author: Nilima Bhadbhade

Publisher: Kluwer Law International B.V.

ISBN: 9789403511269

Category: Law

Page: 530

View: 900

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in India covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Non-performance and Remedies Under International Contract Law Principles and Indian Contract Law

Author: Lars Meyer

Publisher: Peter Lang

ISBN: 3631609930

Category: Law

Page: 290

View: 219

The survey compares the rules on contractual non-performance and remedies under the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, and Indian statutory contract law (including the Indian Contract Act, 1872). Given that most Indian statutes were derived from English law and may therefore be viewed as «codified common law», this comparison may contribute to the question of whether, especially in view of contract law harmonisation in the EU, the civil-law and common-law traditions could be merged in a common code. Moreover, it may help identify legal differences that are relevant to doing business between India and Europe. The general conclusion of the survey is that the Principles and Indian statutory contract law share a close proximity especially because many of their provisions on non-performance and remedies appear to be derived from the same concepts and also provide for very similar consequences.
Business Law by Dr. B. K. Singh, Dr. Angad Tiwary (SBPD Publications)

Author: Dr. B. K. Singh

Publisher: SBPD Publications

ISBN: 9789383697489

Category: Business & Economics

Page: 698

View: 334

An excellent book for commerce students appearing in competitive, professional and other examinations. Indian Contract Act, 1872 1. Business (Mercantile) Law : An Introduction, 2. Indian Contract Act, 1872 : An Introduction, 3. Contract : Meaning, Definition and Characteristics of a Valid Contract, 4. Agreement : Meaning, Kinds and Difference, 5. Proposal (Offer), Acceptance Communication and Revocation, 6. Capacity of Parties to Contract or Parties Competency to Contract, 7. Free Consent, 8. Lawful Consideration and Objects, 9. Agreements Expressly Declared as Void, 10. Contingent Contracts, 11. Performance of Contracts and Appropriation of Payments, 12. Discharge of Contracts, 13. Quasi or Implied Contracts of Certain Relations Resembling those Created by Contracts (Sections 68 to 72), 14. Remedies for Breach of Contract Special Contracts 15. Contract of Indemnity and Guarantee, 16. Contract of Bailment and Pledge, 17. Contracts of Agency The Sale of Goods Act, 1930 18.The Sale of Goods Act, 1930 : An Introduction, 19. Conditions and Warranties, 20. Effects of the Contract of Sale—Transfer of Ownership and Title, 21. Performance of Contract of Sale, 22. Remedial Measures and Auction Sale, Law Relating to Carriage of Goods 1. Law Relating to Carriage of Goods : Carriage of Goods by Land, 2. Carriage by Sea, 3. Carriage by Air The Negotiable Instruments Act, 1881 1. Negotiable Instruments Act, 1881 : Introduction, 2. Parties to a Negotiable Instruments, 3. Negotiation, 4. Presentment and Dishonour of Negotiable Instruments, 5. Discharge of Negotiable Instruments, 6. Hundis, 7. Banker and Customer Law of Insolvency : General Introduction of Provincial Insolvency Act, 1920 1. Law of Insolvency : Introduction, 2. Presentation of Petition, 3. Insolvent’s Property and Debts, 4. Discharge of Insolvent Arbitration and Conciliation Ordinance, 1996 1. Arbitration and Conciliation Ordinance, 1996 Indian Partnership Act, 1932 1. An Introduction to Indian Partnership Act, 1932 [Section 1—8], 2. Partnership Deed or Mutual Relations of Partners [Sections 9—17], 3. Rights and Duties of Partners and Relation to Third Parties [Sections 18—29], 4. Kinds of Partners [Sections 31—38], 5. Dissolution of a Firm [Sections 39—55], 6. Registration of Partnership [Sections 56—72], M.R.T.P. Act, 1969 1. The Monopolies and Restrictive Trade Practices Act, 1969, 2. The Monopolies and Restrictive Trade Practices Commission, 3. Prohibition of Monopolistic, Restrictive and Unfair Trade Practices. The Foreign Exchange Management Act, 2000 (FEMA) 1. The Foreign Exchange Management Act, 2000 Insurance Law 1. Law of Insurance : An Introduction, 2. Life Insurance, 3. Fire Insurance, 4. Marine Insurance.
LEGAL & BUSINESS ENVIRONMENT

Author: Dr. Mukul Burghate and Dr Sunil Ikharkar

Publisher: mukul burghate

ISBN:

Category: Antiques & Collectibles

Page: 129

View: 915

Preface Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.It is in this context, a textbook on introduction to the subject of LEGAL & BUSINESS ENVIROMENT is presented to the students of Management program. The book contains the syllabus from basics of the subjects going into the intricacies of the subjects. All the concepts have been explained with relevant examples and diagrams to make it interesting for the readers.An attempt is made here by the experts to assist the students by way of providing case based study material as per the curriculum with non-commercial considerations. However, it is implicit that these are exam-oriented Study Material and students are advised to attend regular class room classes in the Institute and utilize reference books available in the library for In-depth knowledge.We owe to many websites and their free contents; we would like to specially acknowledge contents of website www.wikipedia.com and various authors whose writings formed the basis for this book. We acknowledge our thanks to them. At the end we would like to say that there is always a room for improvement in whatever we do. We would appreciate any suggestions regarding this study material from the readers so that the contents can be made more interesting and meaningful. Readers can email their queries and doubts to our authors on [email protected] shall be glad to help you immediately. Authors: Dr. Mukul Burghate and Dr Sunil Ikharkar
Contents of Contracts and Unfair Terms

Author: Mindy Chen-Wishart

Publisher: Oxford University Press

ISBN: 9780192590787

Category: Law

Page: 672

View: 964

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
International Business Law and the Legal Environment

Author: Larry A. DiMatteo

Publisher: Routledge

ISBN: 9781317530961

Category: Business & Economics

Page: 1620

View: 193

International Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.
Natural Resources Conservation Law

Author: Sairam Bhat

Publisher: SAGE Publications Ltd

ISBN: 9788132105084

Category: Law

Page: 576

View: 358

This book presents a critical analysis of India's environment pollution and protection scenario, following the ‘State-Pressure-Response’ framework to analyze the parameters of conservation. It advocates that the role of environmental law should not be restricted to mere prevention and control of pollution but should encompass conservation and regeneration of natural resources too. The book also reflects on India’s management policy regarding resource conservation and highlights the international laws on arbitration in environmental matters. It is a one stop reference for all debates and discussions on environment with a global perspective.