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Avoidance of Contract for Fundamental Breach
Under the United Nations Convention
on Contracts for the International Sale of Goods, 1980
--Mohammed Zaheeruddin
The United Nations Convention on Contracts for the International Sale of Goods, 1980 (UN CISG) inter alia defines obligations of the buyer and seller in contracts for the international sale of goods. The CISG provides various remedies to the aggrieved parties, including the option of avoidance of contract. A party may avoid a contract if the other party has committed a breach of contract or any obligations under the Convention. However, there are pre-conditions for avoiding the contract, such as the breach must be fundamental, foreseeable to the breaching party and the damaged party must suffer a detriment such that it is substantially deprived of what it could have expected under the contract. The analysis of CISG provisions and review of decided case laws indicate that the breach is fundamental or not has to be determined based on the facts and circumstances of each case. The objective of this paper is to analyze the statutory provisions applicable for avoidance of contract and to identify the circumstances in which a party may avoid a contract under CISG. © 2016 IUP. All Rights Reserved.
Corporate Crimes – Investigations and Adjudication:
A Snapshot
--Veena
The white-collar crimes are shaking the corporate base by siphoning off the funds of the companies through various unfair means and schemes. Corporate frauds are unearthed only after enough damage has been caused. It is very difficult to anticipate or predict the actions, as the parties involved are influential in the society. Even directors and other prominent employees having good reputation are involved in such huge monetary manipulations. Mostly, they involve in unauthorized diversion of funds, exploiting the flaws in the accounting systems, data misuse, resources misuse, formation of shell companies, undervaluation or overvaluation of assets and overstating of profits to attract investments. Unless a serious in-depth investigation is undertaken, it will be difficult to adjudicate and punish the true offender. There is every need to strengthen the whistle blower mechanism to avoid the untoward frauds and crimes in the corporate world. Against this backdrop, the paper presents a snapshot of the investigations and adjudication of corporate crimes. © 2016 IUP. All Rights Reserved.
The ‘Real’ Road to Informed Consent:
A Future Perspective for Indian Law on Medical Consent
--K K Sunitha and Tabrez Ahmad
The concept of consent for medical interference has undergone an attitudinal change as the society progresses in India and abroad as well. Indian Supreme Court has reiterated time and again that it is real consent not informed consent that is applicable in India. Yet, a change in the attitude is palpable even in the judicial arena. The fiduciary role of doctor in eliciting consent is alleged to have been misused in many cases. In an era when medical profession is largely commercialized and ethical standards are at stake, the responsibility of law is heavy in insisting candor on the part of the physician. This paper presents a comparative study of the legal position on informed consent in the US, the UK and other commonwealth jurisdictions. The paper highlights the need for legal measures on medical consent in India, ensuring disclosure of information by the doctor. The need for informed consent is established by analyzing the current socio-legal status in the health sector in India. © 2016 IUP All Rights Reserved.
Regional Procedures and Mechanisms for the Protection of
Human Rights: A Detailed Analysis of the European State of
Affairs in the Light of European Convention on Human Rights
--Sandeep Menon Nandakumar
The areas of protection of human rights at the regional level, especially in the European context are a matter of great concern as the issues are not just limited to incidents of torture or protection of life. Many a time, the European Convention on Human Rights (ECHR) deals with a variety of issues that are linked with religion, morality and privacy, and these are the areas that are prone to various interpretations at different times. This paper is an attempt to lay down the areas where these issues are interpreted by the European Court of Human Rights and the conflicting areas that exist between the ECHR and the EU Directives, especially in the context of right against self-incrimination and protection of asylum seekers. In the course of this paper, European Committee of Social Rights, European Social Charter and Charter of Fundamental Rights of the European Union have also been referred to in addition to the working mechanism and procedures of the ECHR. © 2016 IUP. All Rights Reserved.
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