Daily Report 28.10.2015

Smt. Suma, teacher of Law of Contract came to the class in the first hour and taught the following among others.

1.       Section 2 (h) of the Indian Contract Act 1872 defines a contact as an agreement enforceable by law.

2.       Anson defines contract as a legally binding agreement between two or more persons by which rights are acquired by one or other persons etc.etc.

3.       Salmond’s definition of law states that law demarcates the private space of man.

4.       Sanctioning Power of the State is its power to impose punishment.

5.       The word legally binding in Anson’s definition means the enforceability of the contract through a court of law.

6.       Agreement is an accepted promise having consideration.

7.       Law presumes that certain relationships do not amount to agreements.

8.       Only legal relationships have enforceability.

9.       Conditions under Section 10 of the Indian Contract Act alone make the agreements enforceable.

10.   Right can be defined as freedom enjoyed by some person.

11.   Salmond defines right as any interest recognized and protected by law.

12.   Holland’s definition is that Right is the capacity of a person to influence the acts of others. In this regard Smt. Suma pointed out the ownership of her pen and the subsequent liability of all others to respect her ownership.

13.   Every right has a corresponding duty.

14.   There is considerable difference between Human Rights and Fundamental Rights.

15.   The duty of all others to respect the right of a person is an implied duty.

16.   When a person violates a duty that act may be termed as wrong.

The first hour ended and Smt. Premalatha, teacher of Law of Torts came next. As an introduction she pointed out in the first semester of three year LLB course six papers are taught namely

1.       Law of Contract                                        by Smt. Suma

2.       Civil Procedure Code                             

3.       Law of Torts                                              by Smt. Premalatha

4.       Consumer Protection Laws                        by Smt. Smitha

5.       Family Law -1

6.       Jurisprudence                                            by Smt. Premsy

The question papers shall contain the following type of questions

Six out of eight short question carrying five marks each              Total 30 marks  

Three out of four problem question carrying ten marks each       Total 30 marks  

Two out of three essay question carrying twenty marks each      Total 40 marks  

                                                                                     Grand Total 100 marks

She thought that the best reference book for Law of Torts is Law of Torts by Bangia R.K.

Then she came to the topic and taught the following points.

1.       Laws may be classified into two as Public Law and Private Law.

2.       Laws may be classified into two as Civil Law and CriminalLaw.

3.       Torts are Civil Wrongs.

4.       Lawof Torts is a Civil Law.

5.       Salmond defines Tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of contract or breach of trust.

6.       Winfield states that tortuous liability arises from the breach of a duty primarily fixed by the law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.

7.       If A and B entered into a contract that A shall sell his car for Rs. 100000/-, its breach does not constitute a Tort.

8.       Majority (attaining the age of 18), sound mind and consideration are necessary for a valid contract.

9.       If A throws waste to the premises of B, it is not a breach of contract or breach of trust, but the violation of a general rule and amounts to a Tort.

10.   In Chandrabose murder case under trial, State is the petitioner, his family may be complainants.

11.   An entry by an outsider into the classroom without permission is also a Tort.

12.   In an accident case, the civil suit for compensation is within the purview of Tort.

13.   Unliquidated damages mean that the compensation is in terms of money which is not pre fixed by the parties, but at the discretion of the court of law how much amount can be given.

14.   In the above said sale contract of car between A and B, party can claim only claim the pre fixed amount of Rs. 100000/- and interest only.

15.   Tort is a latin term derived from tortum meaning twist or wrong. Tort is a wrong not justified by law and thereby another person’s right is violated / injured.

The class ended there as a student came in with permission and requested the class to participate in a function organised by Sasthra Sahithya Parishad at Thrissur against the recent fascist actions in the country.

Then Smt. Smitha, teacher of Consumer Protection Laws came and entered directly into the topic. She taught the following.

1.       A consumer is a purchaser or a user of any goods or service of a person or an institution.

2.       The nature of the products may be complex, and difficult to understand. The consumers may be unaware of the product too.

3.       The manufacturers and sellers have the interest of getting maximum profit. The consumers interest is the maximum satisfaction available for the amount paid. Thus there is a conflict between interests

4.       The manufacturer / seller is in a superior position than the consumers who are in an inferior position. The interest of one who is exploited need be protected. Hence the concept of consumer protection evolved.

5.       Consumers may become dependent on new products introduced as in the beginning of industrialization.

6.       Non intervention was the attitude of the state in earlier times. This policy was known as Laissez Faire. The role of the state was limited to the protection of state only.

7.       There is a legal maxim called caveat emptor = Let the buyer beware. The consumer was primarily liable for any defect in the product purchased.

8.       If the buyer doesn’t care, let him suffer was the motto.

At that moment an SFI campaign lead by Smt. Silpa and Sri. Abhijith entered the class and started a considerably long speech in protest of an incident of Suspension of some students from FarookCollege, Kozhikkode for not obeying the directions of the management that boys and girls should sit in different benches.

As a protest Sri. Abhijith pleaded the boys and girls of the class to sit intermingled in their benches the next day onwards. He wanted the students to overcome communalism through the discipline of creativity.

An intimation came that those who are interested in joining the Campus Debate Club (CDC) may go to the auditorium. From first semester three year LLB thirty one students attended the meeting. They are Sajeena, Aleena Babu, Benraj, Meenu Sundarlal, Vivet, Basil Joy, Riya Elizabeth, Saumya Rajan, Amal, Anuraj, Krishnaprasad, Ajith, Abid, Shamsudhin, Sasi, Asif, Jibi Paul Varghese, Sanal, Farhan, Ismail, Arjun, Asvin, Priyadarsan, Athul, Prajinderlal, Jijo, Nandagopan, Jomon, Manaj, Prathyas and Rama.

There shall be a debate on 03.11.2015. Arjun and three others shall make some posters. First year five year LLB students shall make a notice board. Jishnu and the Student Convener shall print invitation cards. Sarath and Rajiv shall lead the inviting committee comprising of Ambily, Navya, Dilshana, Munna and Kashmira. Vivet, Umamaheswari and Amal shall sit in the registration Counter. 

From our class there shall be a team of two members to contest.