Monday, March 1, 2010

Chapter: 3.2 Legal Words

Suit: It is civil action brought before a court, to establish violation of private right and recover damages or any other relief.

Damages: Damages refer to the sum of money decreed to the plaintiff in the judgment passed by the Court.

Compensation: This also refers to sum of money recoverable by the Plaintiff from the Defendant on grounds of breach of duty by the Defendant.

Offence: An offence is a violation of the penal law. In India, major penal law is know as Indian Penal Code, 1860.

Breach: Breach is violation of the terms and conditions of the Agreement. In torts, it is violation of duty of an individual towards other.

Right: Right is basically some king of entitlement or privileges which an individual enjoys being a member of particular society. For e.g., Right to property, Right to express.

Fundamental Rights: Fundamental rights usually encompass those rights which are considered as basic rights required for dignified existence. In India, fundamental rights are enshrined in the Part III of the Constitution. Some of important fundamental rights are: Right to life, Right to equality, Right to equal opportunity in case of employment.

Statutory Rights: Statutory right IS a right conferred upon an individual by a statute [Law]. For example, Code of Civil Procedure provides for remedy of Appeal to a party aggrieved by the judgment of the lower Court and therefore right to appeal would be considered statutory.

Contract: Contract is a legally enforceable exchange of promises or agreement between parties. Contract law is based on the Latin phrase 'pacta sunt servanda', which means that the, "agreements must be kept"

Agent: Agent is a person authorized to act on behalf of another persona person.

Power of Attorney: A power of attorney is a kind of agency. It is instrument of authorization to act on someone else's behalf in the matter, which are mentioned in the Power of Attorney. The person authorizing the other to act is the principal or grantor (of the power), and the one authorized to act is the agent or attorney or grantee.

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