LEGAL CASE MINE

 INJURIA SUNE DAMNO Injuria means infringement of the legal right or unauthorised interference with the right conferred by the law. Damnum means substantial harm, loss or damage in respect of money, comfort, health or the like.  Thus Injuria sine damno means violation of the legal right without causing any substantial harm, loss or damage to the plaintiff. In such cases there is no need to prove that as a consequence of an act, tye plaintiff has suffered any harm. The only thing which is to be proved is that the plaintiff's legal right has been violated.  Ashby v. White, is a landmark case which is needed to be mentioned while understanding about Injuria sine damno. In this case the defendant, a polling officer, didn't let the plaintiff cast his vote. Although there was no substantial harm to the plaintiff as the candidate whom the plaintiff wanted to vote won the election, but the Holt, CJ. observed that if the plaintiff has the right, he must have the necessary means to...

BAILMENT 1. Delievery of goods for some purposes. There should be the transfer of possession of goods from one person to another. Delievery need not to be actual, it may be sometime constructive or symbolic delivery as provided under section 149 of Indian Contract Act, 1872. It is to be noticed that according to section 71vof Indian Contract Act, the finder of the goods is also deemed to be the bailee of those goods. In Jagdish Singh Tarikha v. Punjab National Bank, when the gold ornaments and jewellery was delivered to the bank, it was locked, sealed and properly wrapped and the receipt describing the contents of the box was given to bank. When the box reached delhi, it was found that it was not in the condition in which it was delivered. The court ordered for the compensation by the bank to the plaintiff.  If a person, without a formal agreement, assumes the custody or someone's goods, it is sufficient to constitute bailment as in the case of Ultzen v. Nicols, where the waiter wh...

RIGHTS OF SURETY AGAINST PRINCIPAL DEBTOR Rights of subrogation (section 140)  According to section 140 of Indian Contract Act, when the surety made the necessary payment or make performance of all what he is liable for, he is invested with all the rights which the creditor has against the principal debtor. In the other words, the surety steps into the shoes of the creditor and by the action against the principal debtor, could recover all what can be recovered by the creditor from the principal debtor. He can be indemnified by the principal debtor for all what he rightly paid and aslo he is entitled to the benefit of all the securities, creditor has against the principal debtor at the time of contract of suretyship is entered into.  Right of indemnity against the principal debtor (section 145).  According to section 145, after the payment of liability by the surety, due to the the default of principal debtor, the surety can recover from the principal debtor all what he ha...

DISCHARGE OF SURETY Section 130 (revocation by the surety).  This section permits the revocation when it is a continuing guarantee as regards to the future transactions only. However when the transaction has already been made, surety's liability with regard to that transaction cannot be revoked by a subsequent notice. When the consideration is single and indivisible, the revocation as to the future transactions is not possible. For instance in the case of guarantee for a servant on employment. ( Lloyds v. Harper, Gopal Singh v. Bhawani Prasad). In Sita Ram Gupta v. Punjab National Bank, the court held that the provisions of the agreement can override section 130 of the Indian Contrct Act and the guarantor can give away his right provided under section 130 of Indian Contract Act.  Section 131 (death of the surety).  This section provides that the guarantee as regards to the future transactions automatically terminates when the surety dies, untill and unless contrary to thi...

LIABILITY OF SURETY According to section 128 of the Indian Contract Act, the liability of the surety is coextensive with that of the principal debtor, unless otherwise provided by the contract. This means that on the default of the principal debtor, the creditor could recover from the surety, all what he could recover from the principal debtor. If the liability of the principal debtor be reduced or extinguished, by any reason, the same would apply towards the liability of the surety. In Narayan Singh v. Chattisgarh, the court held that if the liability of the principal debtor is scaled down by the amended decree or otherwise extinguished in whole or in part, the liability of the surety would also pro tanto be reduced or extinguished.  If the principal debtor's liability is affected by the illegality, so is also that of the surety.  RIGHT OF CREDITOR TO SUE SURETY BEFORE EXHAUSTING ALL HIS REMEDIES AGAINST THE PRINCIPAL DEBTOR It has already been noted that section 128 of India...

DIFFERENCE BETWEEN INDEMNITY AND GUARANTEE  Number of parties : There are two parties in contact of indemnity, whereas there are three parties involved in the Contract of guarantee.  Number of Contracts involved : Contract of indemnity involves only one Contract i.e. between indemnifier and indemnified, whereas contract of guarantee involves three Contract i.e. one between creditor and principal debtor, second between creditor and surety and third between surety and principal debtor.  Purpose or object : The contract of guarantee presupposes soke obligation on the the principal debtor and is made to provide security to the creditor, whereas the contract of indemnity is made to protect indemnity holder/promisee against some likely losses.  Liability : In the contract of guarantee, the liability of the surety is secondary one, whereas in the contract of indemnity, the liability of the indemnifier is primary one.  Arter the discharge of liability : In the cont...