Business Law, Legal Studies, Sale of Goods Act, Consumer Protection & Contract Act Flashcards

A comprehensive vocabulary review deck containing 100 flashcards based on Unit-1 study guide materials covering Business Law, Indian Constitution, Sale of Goods Act, Consumer Protection Act, and Indian Contract Act.

Austin's Definition of Law

A rule of conduct imposed and enforced by the Sovereign, emphasizing enforcement and authority.

Salmond's Definition of Law

The body of principles recognized and applied by the state in the administration of justice.

Woodrow Wilson's Definition of Law

That portion of the established habit and thought of mankind which has gained distinct and formal recognition in uniform rules backed by government power.

Anson's Definition of Law

A purpose-based definition stating that the object of law is order, enabling individuals to look ahead with security as to the future.

Doctrine of Precedent

The principle under Article 141 that judicial decisions of the Supreme Court and High Courts are binding on lower courts.

English Law (Source of Law)

A major source of Indian law from which common law principles and procedural rules were inherited during British rule.

Indian Statutes

Laws enacted by the Indian Parliament and State Legislatures, such as the Indian Contract Act 1872 and Criminal Procedure Code.

Customs & Usages

Traditional community practices that have gained legal recognition, such as tribal laws and customary property rights.

Alternative Dispute Resolution (ADR)

Less formal methods of resolving legal disputes outside court systems, including mediation and arbitration.

Business Law

A body of law drawing from multiple legal disciplines to create reliable standards for commercial companies to follow.

Constituent Assembly

The democratic body elected by provincial assembly members that framed the Constitution of India.

Sovereign Socialist Secular Democratic Republic

The constitutional description of India declaring sovereignty, socialist values, secular principles, democratic governance, and absence of monarchy.

Directive Principles of State Policy

Non-justiciable guidelines contained in Articles 36-51 of the Indian Constitution that guide state action and legislation.

Universal Adult Franchise

The constitutional guarantee granting every Indian citizen aged 18 and above the right to vote regardless of gender, caste, religion, or education.

Magna Carta of India

A term used to refer to Part III of the Indian Constitution, which guarantees Fundamental Rights (Articles 12-35).

Article 14

Fundamental Right guaranteeing equality before law and equal protection of laws to all persons within India.

Article 17

An absolute Fundamental Right under the Indian Constitution providing for the complete abolition of untouchability.

Article 18

Fundamental Right providing for the abolition of titles, except for military or academic distinctions.

Article 19

Constitutional provision guaranteeing six basic freedoms, including speech, assembly, association, movement, residence, and profession, subject to reasonable restrictions.

Article 23

Fundamental Right prohibiting human trafficking, forced labor, and begar (forced unpaid work).

Article 24

An absolute Fundamental Right prohibiting the employment of children under 14 years in mines, factories, or hazardous work.

Article 25

Constitutional right guaranteeing freedom of conscience and the right to freely profess, practice, and propagate any religion.

Article 27

Constitutional provision stating that no individual shall be compelled to pay taxes used for promoting a specific religion.

Article 29

Fundamental Right guaranteeing cultural and educational protections to minorities to conserve their language, script, and culture.

Article 30

Fundamental Right permitting minority communities to establish and administer educational institutions of their choice.

Article 32

Right to Constitutional Remedies, enabling citizens to approach the Supreme Court for fundamental rights enforcement; termed the 'Heart and Soul' of the Constitution.

Habeas Corpus

A legal writ meaning 'You shall have the body,' issued to bring an unlawfully detained person before the court for immediate release.

Mandamus

A legal writ meaning 'We command,' ordering a public authority or officer to perform a mandatory public duty.

Prohibition (Writ)

A judicial writ issued to prevent a lower court or judicial body from exceeding its legal jurisdiction.

Certiorari

A writ meaning 'To be certified,' issued to quash illegal or unauthorized orders passed by subordinate courts.

Quo Warranto

A writ meaning 'By what authority,' questioning the legal right of a person to hold a public office.

Constitution Bench

The largest bench of the Supreme Court, comprising 5 or more judges, assembled to hear matters of constitutional significance.

Court of Record

A superior court, such as the Supreme Court (Article 129) or High Court (Article 215), having power to punish for contempt of itself.

Original Jurisdiction

The authority of the Supreme Court under Article 131 to hear disputes in the first instance between the Union and States or between States.

Advisory Jurisdiction

Supreme Court power under Article 143 where the President of India can seek the court's opinion on important questions of law or fact.

Separation of Powers

A doctrine dividing governance into Legislative, Executive, and Judicial branches with distinct functions, separate personnel, and mutual non-interference.

Common Law

An uncodified legal system based primarily on judicial precedents and court decisions, used in countries like the UK, USA, and India.

Civil Law System

A codified legal system based on comprehensive statutory codes where judges apply written law rather than setting binding precedent.

Procedural Law

Rules governing the process, evidence, and proceedings of court lawsuits, such as the Civil Procedure Code and Criminal Procedure Code.

Substantive Law

Statutory law defining legal rights, duties, and offenses, such as the Indian Contract Act and Indian Penal Code.

Volenti Non Fit Injuria

Legal maxim meaning 'To one who is willing, no harm is done,' barring claims if a person knowingly and willingly consented to an act.

Ignorantia Juris Non Excusat

Legal maxim stating that ignorance of the law is not an excuse for illegal conduct.

Ultra Vires

Legal expression meaning 'Beyond the powers,' describing actions that exceed legal authority granted by statute.

Uberrimae Fidei

Legal term meaning 'Of the utmost good faith,' describing contracts requiring full disclosure of all material facts, such as insurance.

Sub Judice

Legal status meaning 'Under judicial consideration,' referring to a pending court case that cannot be discussed publicly.

Stare Decisis

Legal doctrine meaning 'Stay with what has been decided,' establishing that courts should adhere to established precedents.

Res Judicata

Legal principle stating that a matter already formally decided by a competent court cannot be relitigated between the same parties.

Consensus Ad Idem

Meeting of minds or mutual agreement upon the same thing in the same sense, essential for a valid contract.

Ab Initio

Latin phrase meaning 'From the beginning' or from inception.

Mens Rea

Latin term meaning 'Guilty mind' or criminal intent, an essential mental element in criminal liability.

Ratio Decidendi

The core legal rationale or principle behind a judicial decision that creates binding legal precedent.

Obiter Dictum

An incidental opinion or comment made by a judge that is not essential to the decision and does not constitute binding precedent.

Locus Standi

The legal right or standing of a party to bring a claim or demonstrate sufficient interest before a court.

Quantum Meruit

Legal principle meaning 'As much as is earned,' providing fair compensation for partial work done under an uncompleted contract.

Section 70 (Indian Contract Act)

Statutory rule obligating a person who enjoys the benefit of a lawful non-gratuitous act or delivery to compensate the provider.

Cutter v. Powell (1856)

Case ruling that under an indivisible lump-sum contract for a voyage, partial performance by a deceased sailor gave no right to quantum meruit.

Sumpter v. Hedges (1898)

Landmark ruling establishing that a party who abandons an indivisible lump-sum construction contract cannot recover payment under quantum meruit.

Contract of Sale

A contract under Section 4(1) of the Sale of Goods Act where a seller transfers or agrees to transfer property in goods to a buyer for a price.

Goods (Section 2(7))

Every kind of movable property other than actionable claims and money, including stock, shares, growing crops, grass, and severable land attachments.

Specific Goods

Goods identified and agreed upon at the time a contract of sale is made.

Ascertained Goods

Goods identified and selected from a larger bulk after the contract of sale has been formed.

Unascertained Goods

Goods defined by description that are not specifically identified or set apart when the contract is made.

Future Goods

Goods to be manufactured, produced, or acquired by the seller after entering into a contract of sale (Section 2(6)).

Contingent Goods

A sub-type of future goods whose acquisition by the seller depends upon an uncertain event or contingency.

Price (Section 2(10))

The monetary consideration required for a valid sale of goods under the Sale of Goods Act, 1930.

Agreement to Sell

An executory contract under Section 4 where ownership transfer is deferred to a future date or made conditional upon terms.

Hire Purchase Agreement

A bailment agreement with an option to purchase, where title passes only when the final installment is paid.

Lee v. Butler (1893)

Case establishing that if a person taking goods has no legal option to return them, the agreement is a contract of sale rather than hire purchase.

Condition (Section 12(2))

A legal stipulation essential to the main purpose of a contract, breach of which permits contract repudiation and damage claims.

Warranty (Section 12(3))

A legal stipulation collateral to the main purpose of a contract, breach of which allows claims for damages but not rejection of goods.

Rowland v. Divall (1923)

Case holding that a buyer who purchased a stolen car could recover the full price due to total failure of consideration regarding title.

Sale by Description

An implied condition under Section 15 requiring goods delivered to correspond directly with the description given.

Sale by Sample

An implied condition under Section 17 requiring bulk goods to match the sample in quality and be free from unmerchantable defects.

Condition as to Merchantability

Section 16(2) implied condition requiring goods bought by description from a dealer to be commercially saleable under that description.

Condition as to Wholesomeness

An implied condition in the sale of foodstuffs and provisions requiring them to be fit for human consumption.

Warranty as to Undisturbed Possession

Section 14(b) implied warranty that the buyer shall enjoy quiet, peaceful possession of purchased goods.

Caveat Emptor

Legal principle under Section 16 meaning 'Let the buyer beware,' placing responsibility on the buyer to inspect goods for fitness.

Res Perit Domino

Maxim meaning 'The loss falls on the owner,' reflecting Section 26 rule that risk of loss travels with ownership.

Unconditional Appropriation

Section 23 act of unconditionally allocating specific goods to a contract by description, transferring ownership in unascertained goods.

Unpaid Seller

A seller defined under Section 45 who has not received full payment or whose negotiable instrument was dishonored.

Right of Lien (Unpaid Seller)

Section 47 right allowing an unpaid seller in possession of goods to retain custody until payment is made.

Right of Stoppage in Transit

Section 50 right enabling an unpaid seller who parted with possession to halt goods in transit upon learning of the buyer's insolvency.

Reserve Price

An upset or minimum floor price specified in an auction sale below which goods cannot be sold (Section 64).

Consumer (Consumer Protection Act)

An individual purchasing goods or hiring services for consideration for personal use or self-employment, excluding commercial resale.

Unfair Trade Practice (UTP)

Section 2(1)(r) practice adopting deceptive methods—such as false representations or fake guarantees—to promote sales.

Restrictive Trade Practice (RTP)

Section 2(1)(nnn) trade practice manipulating price or delivery terms to impose unjustified consumer costs, such as tie-in sales.

Tie-in Sale

An RTP practice where a seller forces a consumer to purchase one product or service as a precondition to buying another.

District Forum (CPA 1986)

District-level consumer agency headed by a District Judge candidate, originally handling claims up to ₹5 lakh (revised to ₹20 lakh).

State Commission (CPA 1986)

State-level consumer agency headed by a High Court Judge handling claims above ₹20 lakh up to ₹1 crore and District Forum appeals.

National Commission (CPA 1986)

Apex national consumer agency in New Delhi headed by a Supreme Court Judge handling claims above ₹1 crore and State Commission appeals.

Proposal / Offer (Section 2(a))

An expression of willingness to do or abstain from doing something, made to obtain the assent of another person.

Agreement (Section 2(e))

Every promise and set of promises forming consideration for each other (Offer plus Acceptance).

Consideration (Section 2(d))

The price or benefit moving at the desire of the promisor from the promisee or another person.

Counter Offer

A response modifying original offer terms, which operates legally as a rejection of the original proposal.

Standing Offer

A continuous offer open for acceptance over a period of time, such as a tender to supply goods as required.

Coercion (Section 15)

Committing or threatening forbidden acts under the IPC, or detaining property, to force a person into an agreement.

Undue Influence (Section 16)

Dominating the will of another through real authority or fiduciary relation to obtain an unfair contractual advantage.

Void Ab Initio

Legal status meaning an agreement is completely null and void from the very start, such as an agreement with a minor.

Anticipatory Breach

Breach occurring when a party refuses performance or manifests intent not to fulfill obligations before the due date.

Contract of Indemnity (Section 124)

A contract where one party promises to save the other from loss caused by the conduct of the promisor or another person.