Daily Report 30.10.2015

Dr. Krishnakumar, the Mender of the class came the first hour and after introduction he declared that he has a practice of sending the students out of the class if they speak to each other.

A staff came then with a notice informing that 4.11.2015 and 6.11.2015 are not working days. 05.11.2015 is a declared holiday being Election Day. 07.11.2015 and 08.11.2015 are holidays being Saturday and Sunday. Therefore after 03.11.2015 Tuesday, the class restarts only on 09.11.2015 Monday.

Dr. Krishnakumar, the Mender stated that a group of selected students shall be under the care of a teacher. On declaring the names of the students and teachers, students should give the names of their field of interest in extracurricular or other activities.

Then he asked the students to mention the name of a subject and Jurisprudence came up. Then he started teaching it as follows.

1.       Etymologically Jurisprudence  has its origin from the root juris prudentia meaning knowledge of law.

2.       Jurisprudence can be divided into General Jurisprudence and Special Jurisprudence. Special Jurisprudence is the Jurisprudence in respect of a particular nation / country. The law made under Special Jurisprudence may be called municipal law, civil law or internal law. These laws are applicable only within the country.

3.       ComparativeLaw teaches the legal systems in different nations in the world.

4.       Study of common principles of law in different nations of the world is called General Jurisprudence.

5.       Thus Jurisprudence may be divided into three namely Comparative Jurisprudence, Common Jurisprudence and Particular Jurisprudence.

6.       We have to learn primarily for examination purpose the definitions of law according to John Austin and John Salmond.

7.       When we learn the Administration of Justice, we must learn what Civil Justice and Criminal Justice mean.

8.       Then the important schools of Jurisprudence should be gone through.

9.       The important legal concepts such as legal person, ownership, possession, title, legal rights and legal duties and other unimportant aspects come next.

10.   To remember sections etc techniques should be learn like PBC = 456 Where P is Promissory Note, B is Bill of Exchange, and C is Cheque and 4, 5 and 6 their respective sections as found in the Negotiable Instruments Act, 1881, which took effect on 1.3.1881. Section 13 of the Act defines the negotiable instrument.

11.   According to John Austin Law is the command of the sovereign.

12.   Sanction is nothing but punishment.

13.   Sanction means the evil consequences inflicted on a person if he disobeys the command.

The hour ended and Smt. Smitha, teacher of Consumer Protection Law came next. She taught the following points.

1.       Breach of warranty : Warranty is a representation or statement made by the manufacturer regarding his product. That statement shall be with regard to the use or benefits of the product.

Believing that representation the consumer acts on that and buys the product. If that product does not have the qualities according to the representation, there is a breach of warranty for which the manufacturer may be made liable.

2.       In the 1892 case Carlill v. Carbolic Smoke Ball Co came before the House of Lords. Carlill was a lady who bought a tablet named Carbolic Smoke Ball for the prevention of Influenza. The manufacturer had put an advertisement that the tablets were had thrice a day the user shall not catch Influenza. But even after following the procedure and taking the tablets, she got Influenza.

The company argued that there was no contract between the company and that the complainant Carlill had no right to sue the manufacturer according to the Doctrine of Privity of Contract.

The Court found that even though there was no formal contract, through the advertisement the manufacturer has given a general offer and the buyer has accepted it. Hence there is a contract. Thus the two necessary ingredients of contract are offer and acceptance. The court ordered the manufacturer to give compensation to the complainant Carlill.

3.       Negligence was not an offence or tort earlier.

4.       The ingredients of wrong are

1.       Duty of care

2.       Recklessness or negligence

3.       Failure to take care

4.       Lack of reasonable foreseeability to assess the chance of affecting the consumer.

5.       If the lack of care actually affects the consumer, he has a remedy under the law of torts.

5.       In Carlill case in addition to negligence, there is an element of misrepresentation / false representation.

6.       In the 1936 case Grant v. Australian Knitting Mills Ltd, Grant purchased woollen garments that contained excessive chemicals that caused him dermatitis, a skin disease. In this case also the Company was liable for negligence.

7.       In Halmer v. Ashford, Halmer when a hair dye was used dropped his hair. Ashford was the hairdresser. There was direction in the dye packet that it is not fit for certain skin types. The hair dresser did not take proper care.

The period ended and Smt. Ligi, teacher of Legal Language and legal writing came into the class room.

She then taught certain maxims / vocabulary as follows.

1.       Abatement = termination of the legal procedure due to the impossibility of the presence of a party. Concerned provision in this regard is seen in Order XXII of Civil Procedure Code. നടപടി അവസാനിപ്പിക്കൽ

2.       Abetment = an instigation or intentional aid to commit a crime. Section 107 of IPC defines it. പ്രേരണ

3.       Abeyance= State of suspension, keeping in abeyance തൽക്കാലത്തേയ്ക്ക് മാറ്റിവയ്ക്കുക.

4.       Ab– initio = from the beginning ആദി മുതൽ, ആരംഭം മുതൽ

5.       Accomplice = a companion in evil, Sn 306 of Cr.PC and Sn 133 of Evidence Act are relevant. കൂട്ടുപ്രതി

6.       Accused = one who is charged with an offence. പ്രതി

7.       Acquittal= act of declaring innocent by court. കോടതി വെറുതെ വിടൽ

8.       Adhoc = for a particular purpose only, temporary ഇടക്കാല

9.       Ad-idem = to the same effect, towards the same effect.അതേ ഫലമുള്ള, അതേ പ്രഭാവമുള്ള

10.   Ad-infinitum = without limit, without end അതിരില്ലാതെ, അനന്തമായി

11.   AdjectiveLaw = Procedural Law നടപടി നിയമം

12.   Adjudication = formal judgment given by the court വിധിന്യായം, തീർപ്പ്

13.   Ad-litem = pending the litigation കേസ്സു തീർപ്പാകും വരെ

14.   Ad-valorem = According to value മൂല്യത്തിനനുസൃതമായി

15.   Advocate = Counsel വക്കീൽ

16.   Affidavit = sworn statementസത്യവാങ്മൂലം

17.   Affirmation = assertion സത്യപ്രസ്താവന

18.   Aggrieved = injured സങ്കടക്കാരനായ

19.   Alibi = elsewhere മറ്റൊരിടത്ത്

20.   Alienate = exercise the power of disposal of property അന്യാധീനപ്പെടുത്തുക

21.   Alimony = allowance claimed by married woman from husband after seperation ജീവനാംശം

22.   Amicuscurie = friend of court കോടതിയുടെ മിത്രം

23.   A-priori = from cause to effect, deductive reason അനുമാനസിദ്ധമായ സത്യം, കാര്യകാരണയുക്തി

24.   Arbitration = mediation, act of settling disputes referring to an independent body മാദ്ധ്യസ്ഥതർക്കപരിഹാരം

25.   Arrest = the detention of a person under authority of law തടങ്കലിൽ വയ്ക്കൽ

26.   Assign = transfer property to anotherഏല്പിച്ചുകൊടുക്കുക, കൈമാറ്റം ചെയ്യുക.

27.   Assault= an act which creates apprehension that the person shall be hurt. Sn. 351 of IPC ആക്രമണഭയം

28.   Autrefoisacquit = formerly acquitted മുമ്പു വെറുതെ വിട്ടയാൾ

29.   Autrefoisconvict = previously convicted. Principle : No man shall be vexed twice for the same cause of action മുമ്പു ശിക്ഷിയ്ക്കപ്പെട്ടയാൾ

30.   Averment = allegation made by the party in a litigation. ആരോപണം

31.   Bar = Advocates’ Association, hindranceവക്കീൽമാരുടെ സംഘടന, തടസ്സം

The period ended and she informed the class that All India Moot Court Competition is being held at Government Law College, Thrissur from 27.11.2015 to 29.11.2015, Friday to Sunday. She requested the cooperation and presence of all students of the class.

There was no more classes on 30.11.2015.