Eclipsed by Orthodoxy: The Vanishing Point of Consideration and the Forgotten Ingenuity of the Indian Contract Act 1872

2017 ◽  
Vol 12 (1) ◽  
pp. 141-165 ◽  
Author(s):  
Shivprasad SWAMINATHAN
Keyword(s):  
Vanishing Point ◽  
External Standard ◽  
Traditional Sense ◽  
English Law ◽  
Subjective Conception ◽  
Definition Of

AbstractThe definition of consideration in Section 2(d) of the Indian Contract Act 1872 substantially anticipated the far-reaching reforms to the orthodox doctrine of consideration that were proposed by the English Law Revision Committee (1937). These included making enforceable, through the doctrine of promissory estoppel, promises without consideration in the traditional sense that were meant to and did induce reliance; making enforceable a promise to perform a pre-existing duty; and making binding a promise to keep an offer open. The pivots of the definition in Section 2(d) were: a ‘subjective’ conception of consideration on which value was to be measured by the desire of the contractors alone, as opposed to an external standard; a concomitant purging of the traditional requirements of benefit and detriment; and the recognition of induced reliance as a form of consideration. The definition was designed to mark the vanishing point of consideration without having to formally abolish it. This design, however, went awry as courts and scholars in India projected the orthodox English model of consideration, replete with benefit and detriment, and external standards of value, upon this provision. Consequently, an ingenious piece of draftsmanship came to be eclipsed by orthodoxy.

17. Misrepresentation

Contract Law ◽  
2020 ◽  
pp. 557-606
Author(s):  
Ewan McKendrick
Keyword(s):  
Different Types ◽  
English Law ◽  
The Law ◽  
Definition Of

A misrepresentation induces a party to enter into a contract but typically is not part of the contract itself. The chapter examines the different types of misrepresentation (fraudulent, negligent, or innocent) and the remedies that the law provides in respect of a misrepresentation. The chapter focuses on the liability for misrepresentation. Section 2 begins by examining the definition of a misrepresentation. Section 3 considers the extent to which English law recognizes the existence of a duty of disclosure. Section 4 discusses the concept of rescission while Section 5 explores how misrepresentation gives rise to a claim for damages, with a particular focus on section 2 of the Misrepresentation Act 1967. Section 6 examines the possibility of excluding liability for misrepresentation.

scholarly journals A Critique of the Decision in Conisbee that Vegetarianism Is Not ‘A Belief’

2019 ◽  
Vol 22 (1) ◽  
pp. 36-48
Author(s):  
Frank Cranmer ◽  
Russell Sandberg
Keyword(s):  
Case Law ◽  
English Law ◽  
Definition Of

Mr G Conisbee v Crossley Farms Ltd & Ors [2019] ET 3335357/2018 was a preliminary hearing to determine whether or not vegetarianism was ‘capable of satisfying the requirement and definition of being a philosophical belief (protected characteristic) under the Equality Act 2010’. Employment Judge Postle held that vegetarianism did not amount to a philosophical belief, comparing it to veganism. The case is the latest in the confusing and contradictory case law on the meaning of the term ‘religion or belief’ under English law.

scholarly journals CCA Secure Public Key Encryption against After-the-Fact Leakage without NIZK Proofs

2019 ◽  
Vol 2019 ◽  
pp. 1-8
Author(s):  
Yi Zhao ◽  
Kaitai Liang ◽  
Bo Yang ◽  
Liqun Chen
Keyword(s):  
State Model ◽  
Encryption Algorithm ◽  
Public Key ◽  
Public Key Encryption ◽  
Split State ◽  
Leakage Resilient ◽  
Traditional Sense ◽  
Definition Of ◽  
Lossy Trapdoor Functions ◽  
Chosen Ciphertext Attack

In leakage resilient cryptography, there is a seemingly inherent restraint on the ability of the adversary that it cannot get access to the leakage oracle after the challenge. Recently, a series of works made a breakthrough to consider a postchallenge leakage. They presented achievable public key encryption (PKE) schemes which are semantically secure against after-the-fact leakage in the split-state model. This model puts a more acceptable constraint on adversary’s ability that the adversary cannot query the leakage of secret states as a whole but the functions of several parts separately instead of prechallenge query only. To obtain security against chosen ciphertext attack (CCA) for PKE schemes against after-the-fact leakage attack (AFL), existing works followed the paradigm of “double encryption” which needs noninteractive zero knowledge (NIZK) proofs in the encryption algorithm. We present an alternative way to achieve AFL-CCA security via lossy trapdoor functions (LTFs) without NIZK proofs. First, we formalize the definition of LTFs secure against AFL (AFLR-LTFs) and all-but-one variants (ABO). Then, we show how to realize this primitive in the split-state model. This primitive can be used to construct AFLR-CCA secure PKE scheme in the same way as the method of “CCA from LTFs” in traditional sense.

scholarly journals Droit de Suite – The Artists’ Resale Right

2012 ◽  
pp. 71-75
Author(s):  
Anthony O’Dwyer
Keyword(s):  
Intellectual Property ◽  
English Translation ◽  
Copyright Law ◽  
Property Law ◽  
Future Success ◽  
Traditional Sense ◽  
First Sale ◽  
Definition Of ◽  
The Right ◽  
Droit De Suite

This article looks at the droit de suite, which is a legally recognised right that forms part of copyright law and more widely, intellectual property law. The article reviews the present restrictive application of the law, analyses the definition of the “artist” and discusses the merit of a wider interpretation and application of the droit de suite. The English translation of droit de suite literally means the ‘right to follow’ and, in the context of the artists’ resale right, it allows artists to follow the future success of their artistic works. This future success involves an economic entitlement that the artist may participate in. In practical terms this means that, after the first sale of the artistic work, every subsequent public sale, for instance through a dealer or a gallery, is subject to a sort of royalty. Royalties in the traditional sense entitle various types of artistic creators, such as ...

scholarly journals Talent management strategy as an instrument for implementing effective personnel policy

2020 ◽  
Vol 8 (1) ◽  
pp. 56-60
Author(s):  
Larisa Shirshova ◽  
Svetlana Pototskaya
Keyword(s):  
Resource Management ◽  
Human Resource Management ◽  
Human Resource ◽  
Management Strategy ◽  
Talent Management ◽  
Personnel Policy ◽  
Traditional Sense ◽  
Modern Vision ◽  
Definition Of

The article highlights the concepts of talent and personnel policy of an organization, provides an analysis of the author's interpretations of the definition of "talent" in the framework of human resource management of an organization. The characteristic of the process of forming a talent management strategy is presented, the differences between the personnel management in the traditional sense and the modern vision of talent management are given. The authors substantiate the role of talent management in improving the effectiveness of personnel policy.

International Business and Commerce

2005 ◽  
Author(s):  
Deborah Z. Cass
Keyword(s):  
International Economic ◽  
International Law ◽  
Future Research ◽  
Public International Law ◽  
Economic Relations ◽  
Economic Law ◽  
International Economic Law ◽  
Traditional Sense ◽  
Definition Of ◽  
Rule Making

This article analyzes some recurrent themes in that portion of the field which is sometimes referred to as international economic law, namely public international law structures that regulate economic relations and exchange between states, with a primary emphasis upon trade. It suggests that six features characterize current legal scholarship on international economic law relating to business and commerce: a focus on institutions and on constitutions as a means to enhance the authority and legitimacy of the rule-making order; an interdependence with wider scholarship about globalization; a general consensus about the benefits of liberalization and the international economic law framework which supports it, punctuated by occasional critique; a concentration on regulation rather than ‘law’ in the traditional sense; a fixation with the problem of definition of its own scope; and a belief in its transformative nature capable of facilitating improvements in the legal order generally. The aim of this article is to describe and analyse the broad contours of each of these features before critiquing them and suggesting some possible avenues of future research.

Rascals, Scoundrels, Villains, and Knaves: The Evolution of the Law of Piracy from Ancient Times to the Present*

2011 ◽  
Vol 39 (3) ◽  
pp. 346-383
Author(s):  
Rebecca Fantauzzi
Keyword(s):  
Golden Age ◽  
Court Cases ◽  
International Treaties ◽  
The Us ◽  
History Of ◽  
Traditional Sense ◽  
Ancient Times ◽  
The Law ◽  
Definition Of

AbstractThis paper begins by tracking the history of piracy from Greek and Roman times, to the Golden Age of piracy, into modern day. It also looks at the motivations for becoming a pirate and the “piracy cycle.” The paper then moves into a discussion of how piracy has influenced the law, such as its impact on Universal Jurisdiction and international treaties like the UN Convention on the Law of the Sea; however, a stable definition of what constitutes “piracy” has become troublesome, even with the abundance of legal sources related to the subject. The paper then moves into a discussion of three US court cases dealing with the issue of piracy: the first from the Golden Age of piracy, the second in the early part of this century showing how piracy is not always prosecuted in the traditional sense, and finally with the case of the famous pirate the US Navy SEALS captured during the rescue of Captain Richard Phillips of the Maersk Alabama. Finally, the paper concludes the discussion using the modern day situation of Somalia to show how the “piracy cycle” is still capable of explaining what draws people to piracy, how that particular situation has been combated by the international community, and how neighboring countries, like Kenya, are using their own court systems to the advantage of the rest of the world.

HISTORICAL DEVELOPMENT UNDERSTANDING OF UNREGISTERED COHABITATION CONCEPT

2019 ◽  
pp. 239
Author(s):  
Linita Sporāne
Keyword(s):  
Family Life ◽  
Historical Development ◽  
Legal Framework ◽  
International Level ◽  
Traditional Sense ◽  
Definition Of ◽  
Rapid Emergence ◽  
Traditional Families

The understanding of traditional families, consisting of husband, wife and children, can still be considered a norm in Europe. However, it is difficult to challenge the claim that it is no longer the only form of family life. Society with family forms understands marriage, registered relationships and unregistered relationships, not only in the traditional sense, but also in relationships between women and men, but also in the same partnership relationship. The aim of the article is to find out the causes of rapid emergence of unregistered cohabitation and the need for the improvement of the existing legal framework and provisory development. The lack of united terminology and unitary definition of unregistered cohabitation in national and international level.

scholarly journals Curating Humanities Research Data: Managing Workflows for Adjusting a Repository Framework

1970 ◽  
Vol 12 (2) ◽  
Author(s):  
Hagen Peukert
Keyword(s):  
Heterogeneous Data ◽  
Research Data ◽  
Data Curation ◽  
Management Problem ◽  
Strategic Positioning ◽  
Data Repositories ◽  
Standard Case ◽  
Traditional Sense ◽  
Definition Of ◽  
Data Subject

Handling heterogeneous data, subject to minimal costs, can be perceived as a classic management problem. The approach at hand applies established managerial theorizing to the field of data curation. It is argued, however, that data curation cannot merely be treated as a standard case of applying management theory in a traditional sense. Rather, the practice of curating humanities research data, the specifications and adjustments of the model suggested here reveal an intertwined process, in which knowledge of both strategic management and solid information technology have to be considered. Thus, suggestions on the strategic positioning of research data, which can be used as an analytical tool to understand the proposed workflow mechanisms, and the definition of workflow modules, which can be flexibly used in designing new standard workflows to configure research data repositories, are put forward.

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