Hadley v Baxendale[1] is a landmark English caselaw that determines the consequences of loss to one party caused by the negligence of the opposite party in special circumstances. Facts Hadley’s corn millwork came to a halt when his crankshaft broke, and he had to wait for it to be replaced. He had to ship the… Continue reading Hadley vs. Baxendale : Facts, Issues, Contentions, Judgement & Analysis
Month: November 2021
Krell vs Henry : Facts, Issues, Contentions, Judgement & Analysis
The case law of Krell v Henry[1] is one of the landmark cases that led to the foundation of the “Doctrine of Frustration of Contract”. This group of cases were known as the “coronation cases” as they arose from the events of the cancellation of the King’s Coronation ceremony. Facts Plaintiff and Defendant signed a… Continue reading Krell vs Henry : Facts, Issues, Contentions, Judgement & Analysis
Balfour vs. Balfour : Facts, Issues, Contentions, Judgement & Analysis
The doctrine of intention to create legal relations was developed in the case of Balfour v Balfour[1]by Lord Justice Atkin. As per this doctrine for any contract to be valid, there should be an intention to enter into a legal relationship by both parties. Facts Mr Balfour, the appellant, used to live with his wife,… Continue reading Balfour vs. Balfour : Facts, Issues, Contentions, Judgement & Analysis
Hyde vs. Wrench : Facts, Issues, Contentions, Judgement & Analysis
The judgement of Hyde v. Wrench[1] deals with the question of specific performance of the contract in situations where counter-offers were made and accepted. This case puts an end to all the ambiguity surrounding the impact of a count offer over the original contract. FACTS Wrench, the defendant, wanted to dispose of his property situated… Continue reading Hyde vs. Wrench : Facts, Issues, Contentions, Judgement & Analysis
Mohori Bibee vs. Damodar Ghose : Facts, Issues, Contentions, Judgement & Analysis
The case of Mohori Bibee vs. Dharmodas Ghose[1] covers a wide scope of minor’s agreements. This case primarily concerns a contract involving a minor or a contract with a minor. In India, an agreement or contract with a minor (a person under the age of 18 or who has not legally reached the age of… Continue reading Mohori Bibee vs. Damodar Ghose : Facts, Issues, Contentions, Judgement & Analysis
Adoption Laws in India under CARA : Procedure, Eligibility, Inter-Country Adoption & Landmark Cases
“Adoption is a redemptive response to the tragedy that happens in the broken world.” — Katie J. Davis The article encompasses the Indian Laws and guidelines established to process adoption with the help of case laws as per the religion of the people of India. Introduction Adoption is a worldwide followed, beautiful practice of providing… Continue reading Adoption Laws in India under CARA : Procedure, Eligibility, Inter-Country Adoption & Landmark Cases
Dissolution Of Hindu Marriages; Divorce under HMA, Grounds for Divorce & Landmark Cases
Introduction The Hindu Marriage Act defines “Divorce as a dissolution of Marriage”. Section 13 in The Hindu Marriage Act, 1955 says that a marriage can be dissolved by a decree of divorce. Before The Hindu Marriage Act, 1955, the concept of dissolution of marriage was a little hazy as marriage is considered as an indissoluble… Continue reading Dissolution Of Hindu Marriages; Divorce under HMA, Grounds for Divorce & Landmark Cases
WASIYAT/WILL under Islamic Inheritance Law : Types, Registration, Revocation & Landmark cases
Introduction Muslim testamentary succession is entirely governed by the Muslim Personal Law which covers the powers to make the Will, the nature of the Will, the execution procedure, conditions of validity, etc. A will is essentially a legal declaration that signifies the intention of the testator (the maker of the will) concerning the distribution of… Continue reading WASIYAT/WILL under Islamic Inheritance Law : Types, Registration, Revocation & Landmark cases
Personal Laws in Mizoram : Mizo Marriage, Divorce, Inheritance Act 2014
This article talks about the peculiar culture of Mizoram and its unique matrilineal system. Mizoram has formalized its customary laws. The article deals with their marriage, divorce, and property law in detail and how it affects the changing socio-economic and political fabrics as tribal communities become more heterogonous and complex. Introduction Mizos were formerly known… Continue reading Personal Laws in Mizoram : Mizo Marriage, Divorce, Inheritance Act 2014
Uniform Civil Code : History, Goa Laws, Secularism, Supreme Court’s stand
This article talks about the concept of uniform civil code in Goa and its legal dimension. Uniform Civil Code is examined with its legal perspective and theories. We also further discuss why other states should implement the Uniform Civil Code and why there is a need to bring in uniform laws in India. Introduction India… Continue reading Uniform Civil Code : History, Goa Laws, Secularism, Supreme Court’s stand