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contract - I Important questions and case laws for examination

Essay questions:-

1.  Offer and Acceptance
2.  Consideration
3.  Initiating elements
4.  Discharge of Contracts
5.  Specific Performance



Case Laws:-

1. General Offer
2. Capacity of  Person to enter into contract by minor or major
3. Discharge of contract
4. frustration Section 56
5. Specific Performance 

Family Law-I (IMPORTANT QUESTION PRESCRIBED BY EXPERTS)

THE BELOW NUMBERS ARE TOPIC S.N  NUMBERS OF IMPORTANT QUESTIONS IN VIJAY LAW SERIES (IN INDEX PAGE)  BOOK FOR Family Law -I (PRESCRIBED BY EXPERT )

(NOTE:- the prescription is important topics and expected topics for examinations only, students can prepare more topics for more scoring)

UNIT I :- (HINDU LAW) -> S.N. 1,2,3,4

UNIT II:- (HINDU MARRIAGE ACT) -> S.N.5,7,8,9,10,13,15

UNIT III:- S.N.20,21,22,23,25,26,27,28,30,32

UNIT VII:- ALL

UNIT VIII:- S.N.49,50

UNIT IX:- S.N.51

REVALUATION FORM FOR LLB EXAM (S.V.UNIVERSITY).doc - 40 KB

CLICK HERE FOR REVALUATION FORM FOR LLB EXAM (S.V.UNIVERSITY).doc - 40 KB

HINDU

1 .Hindu by Religion : In this category two types of persons fall –
a)Those who are originally Hindus, Jains, Sikhs or Buddhist by religion, and
b) Those who are converts or reconverts to Hindu, Jain, Sikhs or Buddhist religion
c)  Converts and Reconverts to Hinduism
2. Hindu by Birth :  A child whose both the parents were Hindus, Sikhs, Jains or Buddhists at the time of his birth, is regarded as Hindu. A person will be Hindu if at the time of his birth one of the parents was Hindu and the child is brought up as a member of the tribe, community, group or family to which Hindu parent belonged at the time of his birth.
 3. Who are not Muslims, Christians, Parsis or Jews :  Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law, is governed by Hindu law, unless it is proved that Hindu law is not applicable to such a person 

Under the Codified Law :  Section 2 of the Hindu Marriage Act 1955, provides that the Act applies to the persons listed below (and similar provisions are also made in the other enactments of Hindu Law) –
1. Application of Act – This Act applies –
a) to any person who is Hindu by religion in any of its forms of development, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
b) to any person who is a Buddhist, Jaina or Sikh by religion; and
c) to any other person domiciled in the territories to which this Act extends, who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

tort exam:- essay question answering

                                                IRAC
  • Issue
  • Rule
  • Application
  • Conclusion
First and foremost, Torts exams are all issue spotting...and the hypo's are filled with multiple torts. Use phrasing from the restatement of torts to state the rule. Also, read the question. If she asks you to be a judge and rule on something, make a decision!

Do her past exams under timed conditions. Most law school exams would be much easier if time wasn't an issue....If you think you're done early on a torts exam, I can confidently say you didn't spot all the issues....there are just SO many. 

USING THE I-R-A-C STRUCTURE IN WRITING EXAM ANSWERS:-

The IRAC method is a framework for organizing your answer to a business law essay question. The basic structure is: Issue, Rule, Analysis, and Conclusion. Using this simple framework for structuring your answer will ensure that you have written a complete answer. 


Issue:-

  Begin your answer by stating the issue presented by the essay question. Sometimes the question will provide the issue for you. If not, then ask: What is the legal question that, when answered, determines the result of the case? The issue should be stated in the form of a question in a specific, rather than general form: “Is there an agency relationship if there was no compensation paid?” would be an acceptable issue. “Will the plaintiff win?” would not be acceptable.
Note that the issue may be case specific, mentioning the parties’ names and specific facts of the case. Example: “Did Jones have an agency relationship with XYZ Corp. due to his acting on behalf of XYZ and following its instructions?” 


The issue can encompass all cases which present a similar question. Example: “Is an agency created whenever there is an employment relationship?” Most cases present one issue. If there is more than one issue to address, then you must write a separate IRAC analysis for each issue.

Rule:- 
 
The rule describes which law or test applies to the issue. The rule should be stated as a general principal, and not a conclusion to the particular case being briefed.
Example:
“An agency relationship is created when there is an agreement that the agent will act for the benefit of the principal at the principal’s direction or control regardless of whether compensation is paid” would be an acceptable rule. “The plaintiff was the defendant’s agent” would not be an acceptable rule. Do not use parties’ names or specific facts from the case.

Hint
Frequently, the rule will be the definition of the principle of law applicable in the case.

Example:
An agent may not use or disclose confidential information acquired through the agency absent an agreement to the contrary.

Analysis:-
  The analysis is the most important, and the longest, part of your answer. It involves applying the Rule to the facts of the problem or question. You should use the facts to explain how the rule leads to the conclusion. Discuss both sides of the case when possible.

Important:
   Do not merely state a conclusion without also stating reasons for it. A conclusion without reasons or explanation means that you have not used the rule and the facts to analyze the issue.

Hint:
The rule can be used as a guide in your discussion.
Example:
Suppose the issue is whether A is an independent contractor. Using the facts of the case, explain whether or not they fit into the definition of what is an independent contractor: “In this case, A was told by the foreman what to wear, how to operate the machine, and when to report to work each day, givin g her little control over the job.” If the rule is a test with multiple factors, then you must analyze each factor by pointing out how the facts do (or do not) fulfill each factor. 

Conclusion:-
 
The conclusion is your answer to the Issue. State the result of your analysis.
 
Examples:-
 
“Smith is liable for negligence” or “Therefore, no valid contract was formed between X and Y.” If there are multiple issues, there must be multiple conclusions as well.

FREE CONSENT



One of the essentials of a valid contract mentioned in Section 10 is that the parties should enter into contract with free consent.  According to Section 14, Consent is said to be free when it is not caused by –
  1. coercion, as defined in Section 15, or
  2. undue influence, as defined in section16, or
  3. fraud, as defined in Section 17, or
  4. misrepresentation as defined in Section 18, or
  5. mistake, subject to the provisions of Section 20, 21 and 22.

Consent is said to be caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.

If the consent of one of the parties is not free consent, i.e., it has been caused by one or other of the above stated factors the contract is not a valid one. When consent to an agreement is caused by fraud, coercion, misrepresentation or undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused.  If, however, the consent is caused by mistake the agreement is void.

1.       COERCION
According to Section 15,  “Coercion” is the committing, or threatening to commit, any act forbidden by the Indian Penal Code,  or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever with the intention of causing any person to enter into an agreement.

Coercion is said to be there when the consent of a person has been caused either by