The law of contract is different from all the other branches of law because the obligations made under an agreement are the creation of parties themselves and no one else. The technique of an agreement includes the presence of an offer at one side and its acceptance by the other side or by the other party. The ever increasing and the speedy commercial growth and the activities of mass production have contributed to the development of the standard form contracts, typically called adhesive contracts. No doubt that freedom of contracting is venerable and esteemed, but it is also quite tough and dangerous and a doctrine that is difficult to catch or understand in its totality. It is also a realization that mass productions, especially in today’s fast-growing world is impossible without the standardization of technology also requires standardization of mass contracts. But it is also true that the basic idea the law of contract lies in the freedom of contract and equality of bargaining power has been majorly hampered by the growth of the standard form contract. For our purpose, freedom of contract has two different meanings, i.e., the freedom to enter into an agreement and the freedom from interference with a contract once made. Many of the basic principles of modern law of contract were settled in the 18th century, when, in the time prevailed the Laissez-faire philosophy, it was though wrong to interfere with private agreements on such grounds. The present or the trend of the modern time is rather to stress over the abuses to which the principle of “freedom of contract” can be born, so that the principles can considerably be restricted, both by the legislation and by decisions of the judiciary. This paper aims to understand development of adhesion contracts from a historical perspective.
Volume 5, Issue 1 / 2023
Articles · 6
In general, privacy includes the right to be free from interference and intrusion, the ability to choose who you want to connect with, and the ability to limit who can see or use information about you. The ability of an individual or group to isolate themselves, provide information about themselves, and thus selectively express themselves is referred to as privacy. Privacy is a fundamental human right recognised by the UN Declaration of Human Rights, the International Covenant on Civil and Political Rights, and numerous other international and regional treaties. Privacy protects human dignity as well as other important values such as freedom of association and expression. In this paper identifies the salient features of DPDB with a view to analyzing the salient elements of India’s Data Protection Act if implemented as a law in its current form with in Protection of Privacy.
An agency problem is said to arise whenever the welfare of one party, termed as the principal, is dependent upon the actions taken by the other party, termed as the agent. Here, the main problem lies in motivating the agent to act in the principal’s best interest, rather than simply in the agent’s own interest. “Information Asymmetry” can be said to be the foundation of agency problems, which eventually leads to a conflict of interest between the parties. This further gives rise to the Agency Costs, which are the expenses associated with the resolving of the disagreement or conflicts of interest and managing the relationship between principal-agent. While there can be multiple types of agency problems in a company, the problems between majority and minority shareholders of a company are of concern for this article. Interestingly, both the majority, as well as minority shareholders, can act as the principal and agent, depending on the shares held by the shareholder, and the type of resolution (ordinary or special) that is required to be passed for the decision-making.
The directors have a duty to act honestly and protect the integrity of the fiduciary relationship. The board of directors could, however, occasionally operate outside of its authority or pretend to represent the company's autonomous legal organisation. They also serve as the company's guiding minds, and any illegal behaviour will be held accountable to them. In order to ensure that the director is held accountable for their activities, certain clauses must be included. The author of this paper discusses the necessity of including provisions for a director's criminal liability as well as provisions under the company law that subject directors to criminal liability and the effects of the decriminalisation of the companies act as a result of the "Companies (Amendment) Act 2020." The adjustment is rejected by the author because it defeats the purpose of establishing punitive provisions and might have a negative impact on the Company's long-term operations.
Custodial torture is a widespread problem in India, where law enforcement officials frequently use violence and abuse to extract information or obtain confessions from individuals in their custody. This paper examines the issue of custodial torture in India from a legal perspective, with a particular focus on the rights of under-trial prisoners. The paper analyzes the existing legal framework and proposes a reformative approach to address the issue, including measures to increase accountability for law enforcement officials, improve legal protections for detainees, and reform the criminal justice system.
A geographical indication (GI) means a sign which is used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. The Concept of GI and protection of its rights are relatively a new idea in Bangladesh. Before the enactment of the Act of 2013, there was no specific law regarding the protection of geographical indication of Goods in action for protecting our geographically originated or produced goods. The paper has tried to give an overview on the Geographical Indication of Goods (Registration and Protection) Act, 20132. It presents some recommendations also regarding the provisions of the Act using secondary data.