Case Study On Contract Arising Out Of A General Offer

Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 is one of the most leading matters relating to the contract arising out of a general offer law of contracts under common law. This case is known for both its academic importance as well as its contribution to the expansion of the laws regarding unilateral contracts.

The contract arising out of a general offer: Carlill v. Carbolic Smoke Ball Co

In this matter, the defendants had advertised their product Carboli Smoke Ball for a preventive remedy against influenza and in the advertisement, they offered to pay £100 as reward towards anybody who contacted influenza, cold or any other disease caused after having used the product in the set manner. The petitioner depending on the advertisement bought a Smoke Ball and utilized the same as per the directions, nevertheless, she still caught influenza. Therefore, she charged the defendants to claim the reward of £100. It was stated that this being a general offer furnished to all the world had developed into a contract with the petitioner by her action of performance of the essential conditions and therefore accepting the offer. Hence, the petitioner was held eligible to Read More 

Concept of White-Collar Crime

Almost all societies have certain norms, beliefs, customs and traditions which are implicitly accepted by its members as conducive to their well being and healthy development

White-collar crime can be referred to as the crimes which are done as a motive of financial benefit in business and there is an absence of any violence. Such crimes are committed by the people who are highly educated and belong to the high-class of society.

It can be defined as the crimes that are committed by the highly professional and reputed people. These people, who are committing such crimes, are educated and intelligent people, who are well researched and have a better knowledge of technology and other resources. We will usually find these white-collar crimes happening in a big reputed organization which are involved in various activities. When we talk about professional groups the very obvious fields that pop into the mind are the medical, legal, engineers, trade, etc.

Such crimes deal with such high profile fields. White-collar crime majorly can be differentiated by the class of the people-crimes committed by the low class or uneducated group of people are regarded as ordinary crimes whereas the crime committed by educated or high-class people are referred to as white-collar crimes. These people execute crimes in a very well planned manner so that they can escape and maintain the dignity and self-respect that they have in society.

Let us first understand as to who first introduced the concept of white-collar crime and what he meant by the concept of white-collar crimes:

American sociologist Mr Edwin Sutherland in the year 1949 defined white-collar crimes as ‘‘approximately as a crime committed by a Read More 

Intellectual Property and Startups: Correlation and Impact

In the present aggressive condition, advancement is the pillar for each business that prompts the improvement of protected innovation. Recognizing, creating, and utilizing development gives a focused edge and helps in long haul accomplishment of the organization. Protected innovation isn't constrained to innovation organizations, yet is profitable for each business which puts enormous aggregates in innovative work for making indigenous items and administrations.

An organization ought to be proactive in executing IP answers to distinguishing novel developments and increment incomes. A well-characterized IP objective can bring about accomplishing business targets and help position the business as a pioneer in the commercial centre. With the development in business incomes, the IP procedure can incorporate ensuring the novel parts of the advantages and encourage advancements to investigate new geologies.

An organization must assess its current licensed innovation to decide if it is by business goals. This encourages the organization to recognize better approaches to use protected innovation through authorizing openings. Fruitful organizations must search for new roads to extend their item contributions, increment their business income, and attack into new advertises.

An association's patent portfolio is imperative for its future accomplishment along with its different protected innovation resources as Read More 

The Importance of Intellectual Property Rights to Businesses

‘Intellectual Property’ extensively refers to the fabrication of a rational human mind. Intellectual Property Rights or Intangible property rights rifely refer to those rights awarded to a person on such creation. It is a hamper consisting of many rights. A business organization is an economic system where goods or services are exchanged for money.

The world economy has witnessed unfathomable transformation due to the changing conditions which help in the determination of the wealth of nations. These changes have led to an increase in commercial flow whereby the interest in Intellectual Property has increased and the activities related to their protection. The technological advances in areas such as computing, chemistry, interalia have led to the demand for the creation of new forms of protection and the acclimation of existing ones.

Intellectual Property plays a pre-eminent role in any business entity and lies at the core of it. A business entity should be driven in identifying and implementing IP solutions which will, in turn, help the company reach new heights of success. The myth that only lawyers can handle or deal with IP assets is a hoax because in order for a company to position itself as a leader in the marketplace it is of utmost importance that its IP assets are managed and strategized as required. Development of skills and competence to manage intellectual property assets has become mandatory for sustainable competitiveness. Management professionals are best suited to manage and commercialize these assets in order to generate revenue.

Knowledge has become a crucial factor in differentiating enterprises from their competitors. 21st century has been called the century of knowledge. As Henry Ford has aptly stated that the only real security a man has in today’s world is the reservoir of knowledge. However, it is of Read More 

Different Types Of Website Policies

A website contract is crucial for any business to keep the business people connected with the users. There are various types of agreements such as Website terms & conditions and privacy policies.

Each website's T&C's and privacy policies are different and, need not be the same. The right to decide the policies rests with the website owner. The policies must be adaptable, easy to understand and, acceptable by law.

Terms and conditions for a website act as a basis for a website, before getting into a final agreement with the user. They help in imparting the knowledge of the rules and regulations and business risks involved. Sometimes, the user may be required to sign a disclosure form.

There are two approaches to make users agree to the terms and conditions. These are Browse wrap and Clickwrap, and the second is preferred over the first. This is due to the confirmation by the user that he has agreed to the specified terms and conditions. The latter does not provide any Read More 

Decriminalization of Section 377: Reality or Facade?

On September 6, 2018, a historic judgment was made by the Supreme Court of India which decriminalized Section 377 of Indian Penal Code. Supreme Court ruled that consensual adult gay sex is not a crime. The verdict included the members of the LGBTQ (Lesbian, Gay, Bisexual, Transgender Queer) community. The LGBTQ community has always been considered as a taboo in the society. The verdict originated a sense of inclusiveness among those members.

Before this verdict, the vast majority of the LGBTQ Indians remained to live double lives, putting on a false front to be heterosexual because of the immense fear of confronting prejudice or impairment and discrimination.

Decriminalization of the severe and mouldy section 377 of Indian Penal Code has marked an end of an era where this brutal law will no longer be able to violate human rights of a certain kind and to foster and facilitate an atmosphere in which millions of people have faced discrimination because of their sexual orientation or gender identity.

Section 377 reads: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Section 377 is a toxic part of the British legacy which was introduced when India was under the British regime. It imitated a 16th-century law, called the Buggery Act.

The case regarding Section 377 was raised in 2001 when a non-governmental organization called the Naaz Foundation and AIDS Bedhbhav Virodh Andolan approached the Delhi High Court instituting the original lawsuit to decriminalize homosexuality. Following which a widely-documented hearing (including contradictory stands) continued. On July 2, 2009, a landmark judgment was made by Delhi High Court which held that section 377 has violated Article 21 of the Indian Constitution.

Again, on December 11, 2013, a two-judge bench of the Supreme Court overturned the HC's 2009 decision and re-criminalized millions of Read More 

Importance of Contracts In Business

A contract is a formal document, accepted by both parties, employer and employee, and is the base for any flourishing business. Contracts provide better visibility to meet the duties and, achieve the objectives as agreed per the agreement. It serves as a great support for building a good rapport with the customer or the desired party.

Concerning this, Contract management is a strategy adapted to manage contracts legally signed with customers, partners, or employees. Contract management includes adjusting the terms and conditions in contracts and, ensuring adherence to the rules as per contract. Contracts guarantee a standard business procedure, by giving clarity of your requirements. It helps to achieve the desired goals easily and, serves as proof in case the expectations of one party is not fulfilled. It is viewed as breaching of the contract and, the person has to bear the loss for the service.

It is important to get your contract drafted and approved by a lawyer legally. A contract becomes inevitable due to the following reasons.

Proof of Details

The prime purpose of creating a contract is related to the recording of details, which both parties have agreed with mutual consent. It provides a precise knowledge of the services provided by the third party or monetary expectations to be met by the person. These details will serve as Read More 

Prevention Of Sexual Harassment Of Women At Work - Role Of CSR

In today's society, sexual harassment has unavoidably become a pressing social issue in the workplace. The recent #metoo movement has created a pressure that has forced many corporate companies to take dutiful action in this regard. The POSH Act was introduced to help employees learn how to anticipate, manage, and inform such cases of harassment. Every company aims to provide a secure working place for women, and this is well achieved by complying with the POSH policy.

Sexual Harassment

Any conduct relating to physical, vocal, emotional that harms the other person is regarded as harassment, and not encouraged in the POSH policy. In such a case, strict action is taken on the person who has committed the abuse.

Different kind of sexual disturbances includes sexual favours demanded as a threat to promotion or employment of a person, sharing exposed images, sending underrated jokes, molestation, interference with the personal lives of women, abuses related to the appearance of a person.

Internal Complaint Committee (ICC)

It is advised to form a committee in every organisation to discuss these harassment issues. The panel must comprise of four members out of which two must compulsorily be women, and must be approachable. All the complaints must be duly recorded, and appropriate action is required to be taken after a Read More