7. Bailment and Pledge🔰
Section 148 of the Indian Contract Act defines bailment. When a person delivers his goods to the other person for a specific period of time and for some purpose, it is a contract of bailment. The person who delivers goods is bailor, and to whom goods are delivered is bailee.
Section 172 of the Contract Act defines pledge. When the goods are bailed as a security for debt, it is pledge. The bailor is pawner, and bailee is pawnee.
8. Pledge and Mortgage🔰
Pledge is the bailment of movable goods for the security of debt. It is dealt under the Indian Contract Act. In mortgage, immovable property is given as a security for debt. It is dealt in the Transfer of Property Act.
9. Intention in Crime🔰
The intention to commit an act is seen from the overt act of a person. Intention is not punishable in law. It is difficult to assume anyone’s intention in prospect of crime. Intention hides behind the conduct of a person. Bad intention always reflects in the conduct of a person. A crime is punishable only when it is attempted and not at the stage of mens-rea or intention.
10. Law of tort or torts🔰
There are two theories in this regard that whether it is law of tort or law of torts. Winfield said that every act which is twisted or crooked is civil wrong and tort. He said that it is law of tort, and any person who commits tort must compensate damages to the other party.
On the other side, Salmond said that every act is not torts. Only some specified and classified acts are torts. He gave a pigeon-hole theory and said that torts must lie under this theory. Any other torts which are not classified in this hole is not a tort. It means, according to him, only specified mentioned wrongs are wrongs and not any other act.
11. Assault and Battery🔰
Assault is a mere gesture. It is to create apprehension in the mind of other that he is going to be attacked. For example, showing a gesture of stick towards a person creates apprehension in the mind of that person that he is going to be beaten by that stick.
Battery is a result of assault. When the gesture of assault converts into action on a person, it is battery. It means using criminal force on another person. For example, slapping a person or beating a person wrongfully is battery.
Battery is a civil wrong, whereas criminal force is mentioned in the Indian Penal Code. Both have different procedures. 🔚
Note: This list only has a few of the most important topics. These are definitely not all. Also, you will have to read all these topics in detail.
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#Good_morning 😊 @LLBsubject
〰〰〰〰〰〰〰〰
Section 148 of the Indian Contract Act defines bailment. When a person delivers his goods to the other person for a specific period of time and for some purpose, it is a contract of bailment. The person who delivers goods is bailor, and to whom goods are delivered is bailee.
Section 172 of the Contract Act defines pledge. When the goods are bailed as a security for debt, it is pledge. The bailor is pawner, and bailee is pawnee.
8. Pledge and Mortgage🔰
Pledge is the bailment of movable goods for the security of debt. It is dealt under the Indian Contract Act. In mortgage, immovable property is given as a security for debt. It is dealt in the Transfer of Property Act.
9. Intention in Crime🔰
The intention to commit an act is seen from the overt act of a person. Intention is not punishable in law. It is difficult to assume anyone’s intention in prospect of crime. Intention hides behind the conduct of a person. Bad intention always reflects in the conduct of a person. A crime is punishable only when it is attempted and not at the stage of mens-rea or intention.
10. Law of tort or torts🔰
There are two theories in this regard that whether it is law of tort or law of torts. Winfield said that every act which is twisted or crooked is civil wrong and tort. He said that it is law of tort, and any person who commits tort must compensate damages to the other party.
On the other side, Salmond said that every act is not torts. Only some specified and classified acts are torts. He gave a pigeon-hole theory and said that torts must lie under this theory. Any other torts which are not classified in this hole is not a tort. It means, according to him, only specified mentioned wrongs are wrongs and not any other act.
11. Assault and Battery🔰
Assault is a mere gesture. It is to create apprehension in the mind of other that he is going to be attacked. For example, showing a gesture of stick towards a person creates apprehension in the mind of that person that he is going to be beaten by that stick.
Battery is a result of assault. When the gesture of assault converts into action on a person, it is battery. It means using criminal force on another person. For example, slapping a person or beating a person wrongfully is battery.
Battery is a civil wrong, whereas criminal force is mentioned in the Indian Penal Code. Both have different procedures. 🔚
Note: This list only has a few of the most important topics. These are definitely not all. Also, you will have to read all these topics in detail.
〰〰〰〰〰〰〰〰
#Good_morning 😊 @LLBsubject
〰〰〰〰〰〰〰〰