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172-485: The traditional phrase signed, sealed and delivered refers to the practice of using seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or specialty ; in the United States, a specialty is enforceable without consideration . In some jurisdictions, specialties have a liability limitation period of double that of a simple contract and allow for

344-412: A Law Commission -sponsored proposal to both unite and codify English and Scots Law, proposed the abolition of consideration. Some commentators have suggested for consideration to be replaced by estoppel as a basis for contracts. A contract is often evidenced in writing or by deed . The general rule is that a person who signs a contractual document will be bound by the terms in that document. This rule

516-410: A deed of trust is used as an alternative to a mortgage . A deed of trust is not used to transfer property directly. It is commonly used in some states — California, for example — to transfer title to land to a “trustee”, usually a trust or title company, which holds the title as security ("in escrow ") for a loan. When the loan is paid off, title is transferred to the borrower by recording a release of

688-528: A meeting of the minds between the parties. Within the overarching category of civil law jurisdictions, there are several distinct varieties of contract law with their own distinct criteria: the German tradition is characterised by the unique doctrine of abstraction , systems based on the Napoleonic Code are characterised by their systematic distinction between different types of contracts, and Roman-Dutch law

860-434: A severability clause . The test of whether a clause is severable is an objective test—whether a reasonable person would see the contract standing even without the clauses. Typically, non-severable contracts only require the substantial performance of a promise rather than the whole or complete performance of a promise to warrant payment. However, express clauses may be included in a non-severable contract to explicitly require

1032-399: A third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity . Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants , which, being also under seal, are unilateral promises. At common law , to be valid and enforceable, a deed must meet several requirements: Under the law of England and Wales ,

1204-467: A tort action based on reliance. Although verbal contracts are generally binding in most common law jurisdictions, some types of contracts may require formalities such as being in writing or by deed . A contract cannot be formed without assent of the two parties to be bound by its terms. Normally this is by written signature (which may include an electronic signature), but the assent may also be oral or by conduct. Assent may be given by an agent for

1376-407: A certain field. In addition, the court may also imply a term; if price is excluded, the court may imply a reasonable price, with the exception of land, and second-hand goods, which are unique. If there are uncertain or incomplete clauses in the contract, and all options in resolving its true meaning have failed, it may be possible to sever and void just those affected clauses if the contract includes

1548-404: A certificate of title and the corresponding entry in the property register. This system removes risks associated with unregistered deeds and fraudulent or otherwise incorrect transactions. It is much easier and cheaper to administer, lowering transaction costs. Some Australian properties are still conveyed using a chain of title deeds – usually properties that have been owned by the same family since

1720-670: A civil law legal system at independence or adopting civil and commercial codes based on German or French law. While jurisdictions such as Japan, South Korea, and the Republic of China modelled their contract law after the German pandectist tradition, the Arab world largely modelled its legal framework after the Napoleonic Code . While the Netherlands adopted a legal system based on the Napoleonic Code in

1892-527: A commitment for general service. However, serving high-caste sepoys were fearful that it would be eventually extended to them, as well as preventing sons following fathers into an army with a strong tradition of family service. There were also grievances over the issue of promotions, based on seniority. This, as well as the increasing number of British officers in the battalions, made promotion slow, and many Indian officers did not reach commissioned rank until they were too old to be effective. The final spark

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2064-560: A contract use technicalities to satisfy requirements while in fact circumventing them in practice. Typically, this is in the form of "peppercorn" consideration, i.e. consideration that is negligible but still satisfies the requirements of law. The doctrine of consideration has been expressly rejected by the UNIDROIT Principles of International Commercial Contracts on the grounds that it yields uncertainty and unnecessary litigation, thereby hindering international trade. Similarly,

2236-454: A contractual term will become a condition: A term is a condition (rather than an intermediate or innominate term, or a warranty), in any of the following five situations: (1) statute explicitly classifies the term in this way; (2) there is a binding judicial decision supporting this classification of a particular term as a "condition"; (3) a term is described in the contract as a "condition" and upon construction it has that technical meaning; (4)

2408-490: A deed may be delivered or otherwise handled in one of three ways: Deeds delivered unconditionally are irrevocable. Section 46(2) of the UK's Companies Act 2006 states that a document executed as a deed by a company is presumed to be delivered upon execution, but this presumption can be rebutted if a contrary intention is proved. Conditions attached to the acceptance of a deed are known as covenants . A deed indented or indenture

2580-411: A future date. The activities and intentions of the parties entering into a contract may be referred to as contracting . In the event of a breach of contract , the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission . A binding agreement between actors in international law is known as a treaty . Contract law, the field of

2752-411: A mixture of Roman-Dutch law and English common law (e.g. South Africa and neighbouring countries). In common law jurisdictions, the formation of a contract generally requires an offer, acceptance , consideration , and mutual intent to be bound . The concept of contract law as a distinct area of law in common law jurisdictions originated with the now-defunct writ of assumpsit , which was originally

2924-500: A notarial mechanism in certain applications. The New York State Bar Association has stated that blockchain technology can be employed "to hold and secure records to land deeds" John Morton, attorney at Pillsbury Winthrop Shaw Pittman told Fortune Magazine that NFTs "operate "in many respects exactly like a deed would in real estate transactions" While instances like the house sales in South Carolina and Florida have demonstrated

3096-495: A pardon posthumously. However, in the case of Henry Ossian Flipper , this view was altered when President Bill Clinton pardoned him in 1999. Germany operates a 'property register'. Title deeds are documents showing ownership, as well as rights, obligations, or mortgages on the property. Since around 2000, compulsory registration has been required for all properties mortgaged or transferred. The details of rights, obligations, and covenants referred to in deeds will be transferred to

3268-496: A particular type of transferable object, known as a non-fungible token (NFT) , can be created. These NFTs are unique, verifiable, and protected against arbitrary tampering, thanks to the immutable nature of the blockchain. By incorporating metadata (additional information embedded in the object), NFTs can be tailored to reference and represent a wide range of assets in both digital and physical worlds. The blockchain’s immutability, proof of transfer and data transparency (information on

3440-451: A party. Remedies for breach of contract include damages (monetary compensation for loss) and, for serious breaches only, cancellation. Specific performance and injunction may also be available if damages are insufficient. In order for a legally enforceable contract to be formed, the parties must reach mutual assent (also called a meeting of the minds ). This is typically reached through an offer and an acceptance which does not vary

3612-406: A patient refuses to pay after being examined by a doctor, the patient has breached a contract implied in fact. A contract which is implied in law is sometimes called a quasi-contract . Such contracts are means for courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other. Quantum meruit claims are an example. Where something

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3784-408: A petition for partition to dissolve the tenancy relationship. JTWROS deed holders always take the property in equal shares; therefore, if the partnership is dissolved through partition, the proceeds must be equally distributed between all of the co-owners without regard to how much each co-owner contributed to the purchase price of the property. No credits would be allowed for any excess contributions to

3956-471: A pharmaceutical manufacturer, advertised a smoke ball that would, if sniffed "three times daily for two weeks", prevent users from catching the flu . If it failed to do so, the company promised to pay the user £ 100, adding that they had "deposited £1,000 in the Alliance Bank to show [their] sincerity in the matter". When the company was sued for the money, they argued the advert should not have been taken as

4128-521: A purported acceptance that varies the terms of an offer is not an acceptance but a counteroffer and hence a rejection of the original offer. The principle of offer and acceptance has been codified under the Indian Contract Act, 1872 . In determining if a meeting of the minds has occurred, the intention of contracting parties is interpreted objectively from the perspective of a reasonable person . The "objective" approach towards contractual intent

4300-438: A reasonable construction of the contract. In New South Wales, even if there is uncertainty or incompleteness in a contract, the contract may still be binding on the parties if there is a sufficiently certain and complete clause requiring the parties to undergo arbitration, negotiation or mediation. Courts may also look to external standards, which are either mentioned explicitly in the contract or implied by common practice in

4472-444: A result of the land reforms that came in the wake of annexation of Oudh . It is mentioned that throughout Oudh and Bihar Rajput Taluqdars provided the bulk of leadership and played an important role during 1857 in the region. As the rebellion gained ground, the taluqdars quickly reoccupied the lands they had lost, and paradoxically, in part because of ties of kinship and feudal loyalty, did not experience significant opposition from

4644-430: A serious, legally binding offer but a puff . The Court of Appeal held that it would appear to a reasonable man that Carbolic had made a serious offer and determined that the reward was a contractual promise. As decided in the case of Pharmaceutical Society of Great Britain v Boots Cash Cashiers , an offer that is made in response to an invitation to treat, without any negotiation or explicit modification of terms,

4816-619: A statement of common contractual principles for arbitrators and judges to apply where national laws are lacking. Notably, the Principles reject the doctrine of consideration, arguing that elimination of the doctrine "bring[s] about greater certainty and reduce litigation" in international trade. The Principles also rejected the abstraction principle on the grounds that it and similar doctrines are "not easily compatible with modern business perceptions and practice". Contract law can be contrasted with tort law (also referred to in some jurisdictions as

4988-450: A term is a condition is determined in part by the parties' intent. In a less technical sense, however, a condition is a generic term and a warranty is a promise. In specific circumstances these terms are used differently. For example, in English insurance law, violation of a "condition precedent" by an insured is a complete defence against the payment of claims. In general insurance law,

5160-423: A tort-based action (such as the tort of deceit ) if the misrepresentation is negligent or fraudulent. In U.S. law, the distinction between the two is somewhat unclear. Warranties are generally viewed as primarily contract-based legal action, while negligent or fraudulent misrepresentations are tort-based, but there is a confusing mix of case law in the United States. In modern English law, sellers often avoid using

5332-481: A warranty is a promise that must be complied with. In product transactions, warranties promise that the product will continue to function for a certain period of time. In the United Kingdom, the courts determine whether a term is a condition or warranty, regardless of how or whether the term was classified in the contract. Statute may also declare a term or nature of term to be a condition or warranty. For example,

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5504-430: A wider class of persons. Research in business and management has also paid attention to the influence of contracts on relationship development and performance. Private international law is rooted in the principle that every jurisdiction has its own distinct contract law shaped by differences in public policy, judicial tradition, and the practices of local businesses. Consequently, while all systems of contract law serve

5676-408: Is a "provision forming part of a contract". Each term gives rise to a contractual obligation, breach of which can give rise to litigation , although a contract may also state circumstances in which performance of an obligation may be excused. Not all terms are stated expressly, and terms carry different legal weight depending on how central they are to the objectives of the contract. Contracting

5848-436: Is a specific phase within procurement . It includes creating, negotiating, and managing contracts. Obligations created by contracts can generally be transferred, subject to requirements imposed by law. Laws regarding the modification of contracts or the assignment of rights under a contract are broadly similar across jurisdictions. In most jurisdictions, a contract may be modified by a subsequent contract or agreement between

6020-433: Is advertised in a newspaper or on a poster, the advertisement will not normally constitute an offer but will instead be an invitation to treat , an indication that one or both parties are prepared to negotiate a deal. An exception arises if the advertisement makes a unilateral promise, such as the offer of a reward, as in the case of Carlill v Carbolic Smoke Ball Co , decided in nineteenth-century England . The company,

6192-404: Is largely based on the writings of renaissance-era Dutch jurists and case law applying general principles of Roman law prior to the Netherlands' adoption of the Napoleonic Code. The UNIDROIT Principles of International Commercial Contracts , published in 2016, aim to provide a general harmonised framework for international contracts, independent of the divergences between national laws, as well as

6364-626: Is little evidence that the sepoys' allegiance was affected by this. However, changes in the terms of their professional service may have created resentment. As the extent of the East India Company's jurisdiction expanded with victories in wars or annexation, the soldiers were now expected not only to serve in less familiar regions, such as in Burma , but also to make do without the "foreign service" remuneration that had previously been their due. A major cause of resentment that arose ten months prior to

6536-404: Is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale , or an executor . A so-called quitclaim deed is (in most jurisdictions) actually not a deed at all—it is actually an estoppel disclaiming rights of the person signing it to property. In some jurisdictions,

6708-402: Is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, and includes simple grants and appointments. In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to

6880-418: Is outside the chain of title. In a title search, someone looking up Atwood's name in the grantor index would find no indication that Atwood conveyed the property, and nothing would lead the searcher to Cooper's deed." A deed that is outside the chain of title is called a wild deed. The general rule is that a subsequent purchaser is not held to have constructive notice of a wild deed. In the example, Cooper's title

7052-565: Is presumed to be as tenants in common unless the parties are married and the deed so states or the deed sets for joint tenants with right of survivor-ship. Upon death, the decedent's share passes to his or her estate. A life estate is the right to use, possess and enjoy the property for a period of time measured by the natural life of a person or persons. When all life tenants are dead, the remainder-man holds full title. When deeds are taken as joint tenants with rights of survivor-ship (JTWROS) or joint tenants in common (TIC), any co-owner can file

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7224-411: Is presumed to incorporate the terms of the invitation to treat. In contract law, consideration refers to something of value which is given in exchange for the fulfilment of a promise. In Dunlop v. Selfridge , Lord Dunedin described consideration "the price for which the promise of the other is bought". Consideration can take multiple forms and includes both benefits to the promisor and detriments to

7396-531: Is referred to as the rule in L'Estrange v Graucob or the "signature rule". This rule was approved by the High Court of Australia in Toll(FGCT) Pty Ltd v Alphapharm Pty Ltd . The rule typically binds a signatory to a contract regardless of whether they have actually read it, provided the document is contractual in nature. However, defences such as duress or unconscionability may enable the signer to avoid

7568-729: Is restricted on public policy grounds. Consequently, the validity and enforceability of a contract depends not only on whether a jurisdiction is a common, civil, or mixed law jurisdiction but also on the jurisdiction's particular policies regarding capacity. For instance, very small children may not be held to bargains they have made, on the assumption that they lack the maturity to understand what they are doing; errant employees or directors may be prevented from contracting for their company, because they have acted ultra vires (beyond their power). Another example might be people who are mentally incapacitated, either by disability or drunkenness. Specifics vary between jurisdictions, for example article 39 of

7740-412: Is unprotected against subsequent good faith purchasers. Suppose Atwood were to fraudulently sell the same property to another person, Dunn. A court would rule that Dunn has good title to the property, not Cooper. A wild deed has been described as a deed "executed by a stranger to the record title hung out in the air like Mahomet's coffin". Mahomet is an archaic spelling of Muhammad . There is a legend that

7912-496: The Anglo-Nepalese War of 1814–16 and brought the defeated Gurkhas under British influence. In 1854, Berar was annexed, and the state of Oudh was added two years later. For practical purposes, the company was the government of much of India. The Indian Rebellion of 1857 occurred as the result of an accumulation of factors over time, rather than any single event. The sepoys were Indian soldiers who were recruited into

8084-675: The Egyptian Civil Code , modelled after the Napoleonic Code but containing provisions designed to fit Arab and Islamic society. The Egyptian Civil Code was subsequently used as a model for the majority of Arab states. In the 20th century, the growth of export trade led to countries adopting international conventions, such as the Hague-Visby Rules and the UN Convention on Contracts for the International Sale of Goods , bringing

8256-603: The European Union being an economic community with a range of trade rules, there continues to be no overarching "EU Law of Contract". In 2021, Mainland China adopted the Civil Code of the People's Republic of China , which codifies its contract law in book three. While generally classified as a civil law jurisdiction, contract law in mainland China has been influenced by a number of sources, including traditional Chinese views toward

8428-636: The Law of Property Act 1925 ). Nonetheless, a valid contract may generally be made orally or even by conduct. An oral contract may also be called a parol contract or a verbal contract, with "verbal" meaning "spoken" rather than "in words", an established usage in British English with regards to contracts and agreements, and common although somewhat deprecated as "loose" in American English . An unwritten, unspoken contract, also known as "a contract implied by

8600-521: The Madras Army and Bombay Army were "more localized, caste-neutral armies" that "did not prefer high-caste men". The domination of higher castes in the Bengal Army has been blamed in part for initial mutinies that led to the rebellion. In 1772, when Warren Hastings was appointed Fort William 's first Governor-General, one of his first undertakings was the rapid expansion of the company's army. Since

8772-607: The Meiji Restoration , Japan adopted a series of legal codes modelled primarily on German law, adopting its commercial code in 1899. The Japanese adaptation of German civil law was spread to the Korean Peninsula and China as a result of Japanese occupation and influence, and continues to form the basis of the legal system in South Korea and the Republic of China. In 1949, Abd El-Razzak El-Sanhuri and Edouard Lambert drafted

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8944-761: The Neolithic Revolution . A notable early modern development in contract law was the emergence of the hawala system in the Indian subcontinent and the Arab world , under which a series of contractual relationships formed the basis of an informal value transfer system spanning the Silk Road . In the Indian subcontinent, the hawala system gave rise to the hundi , a transferrable contract entitling its holder in due course to obtain money from its issuer or an agent thereof, giving rise to

9116-693: The Philippine Civil Code provides a comprehensive overview of the most typical circumstances resulting in lost or diminished juridical capacity: age, mental disability, the state of being a deaf-mute , penalty, absence, insolvency, and trusteeship . Indian rebellion of 1857 The Earl Canning George Anson   † Sir Patrick Grant Sir Colin Campbell Sir Henry Havelock   † Surendra Bikram Shah Randhir Singh 6,000 British killed, including civilians The Indian Rebellion of 1857

9288-666: The Sale of Goods Act 1979 s15A provides that terms as to title, description, quality and sample are generally conditions . The United Kingdom has also developed the concept of an "intermediate term" (also called innominate terms), first established in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962]. Traditionally, while warranties are contractual promises which are enforced through legal action, regardless of materiality, intent, or reliance, representations are traditionally precontractual statements that allow for

9460-491: The United Nations Convention on Contracts for the International Sale of Goods does not require consideration for a contract to be valid, thereby excluding the doctrine with regard to contracts covered by the convention even in common law jurisdictions where it would otherwise apply. The continued existence of the doctrine in common law jurisdictions is controversial. Scots lawyer Harvey McGregor 's " Contract Code ",

9632-484: The Vellore Mutiny was sparked by new uniform regulations that created resentment amongst both Hindu and Muslim sepoys. After the turn of the 19th century, Governor-General Wellesley began what became two decades of accelerated expansion of Company territories. This was achieved either by subsidiary alliances between the company and local rulers or by direct military annexation. The subsidiary alliances created

9804-553: The law of obligations concerned with contracts, is based on the principle that agreements must be honoured . Like other areas of private law , contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed-law jurisdictions solely require

9976-636: The princely states of the Hindu maharajas and the Muslim nawabs . Punjab , North-West Frontier Province , and Kashmir were annexed after the Second Anglo-Sikh War in 1849; however, Kashmir was immediately sold under the 1846 Treaty of Amritsar to the Dogra Dynasty of Jammu and thereby became a princely state. The border dispute between Nepal and British India, which sharpened after 1801, had caused

10148-555: The upper Gangetic plain and central India , though incidents of revolt also occurred farther north and east. The rebellion posed a military threat to British power in that region, and was contained only with the rebels' defeat in Gwalior on 20 June 1858. On 1 November 1858, the British granted amnesty to all rebels not involved in murder, though they did not declare the hostilities to have formally ended until 8 July 1859. The name of

10320-500: The 11th Bengal Native Infantry) escorted trusted British officers and women and children to safety before joining the revolt. Some officers and their families escaped to Rampur , where they found refuge with the Nawab. The British historian Philip Mason notes that it was inevitable that most of the sepoys and sowars from Meerut should have made for Delhi on the night of 10 May. It was a strong walled city located only forty miles away, it

10492-405: The 84 regular infantry and cavalry regiments. Thus 75% of the cavalry regiments was composed of Indian Muslims, while 80% of the infantry was composed of Hindus. The sepoys were therefore affected to a large degree by the concerns of the landholding and traditional members of Indian society. In the early years of Company rule, it tolerated and even encouraged the caste privileges and customs within

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10664-459: The Bengal Army had accepted an obligation to serve overseas if required. As a result, the burden of providing contingents for active service in Burma, readily accessible only by sea, and China had fallen disproportionately on the two smaller Presidency Armies. As signed into effect by Lord Canning , Dalhousie's successor as Governor-General, the act required only new recruits to the Bengal Army to accept

10836-504: The Bengal Army liable to service overseas. Although it was intended to apply only to new recruits, the serving sepoys feared that the Act might be applied retroactively to them as well. A high-caste Hindu who travelled in the cramped conditions of a wooden troop ship could not cook his own food on his own fire, and accordingly risked losing caste through ritual pollution. Several months of increasing tensions coupled with various incidents preceded

11008-493: The Bengal Army, that some sort of rebellion over the cartridges was imminent. Despite the objections of the civilian Governor-General's staff, he agreed to postpone the musketry practice and allow a new drill by which the soldiers tore the cartridges with their fingers rather than their teeth. However, he issued no general orders making this standard practice throughout the Bengal Army and, rather than remain at Ambala to defuse or overawe potential trouble, he then proceeded to Simla ,

11180-667: The Bengal Army, which recruited its regular infantry soldiers almost exclusively amongst the landowning Rajputs and Brahmins of the Bihar and Oudh regions. These soldiers were known as Purbiyas . By the time these customs and privileges came to be threatened by modernising regimes in Calcutta from the 1840s onwards, the sepoys had become accustomed to very high ritual status and were extremely sensitive to suggestions that their caste might be polluted. The sepoys also gradually became dissatisfied with various other aspects of army life. Their pay

11352-564: The British by providing both soldiers and support. The large princely states, Hyderabad , Mysore , Travancore , and Kashmir , as well as the smaller ones of Rajputana , did not join the rebellion, serving the British, in the Governor-General Lord Canning 's words, as "breakwaters in a storm". In some regions, most notably in Awadh, the rebellion took on the attributes of a patriotic revolt against British oppression. However,

11524-598: The British sought to destroy the religions of the Indian people, and forcing the native soldiers to break their sacred code would have certainly added to this rumour, as it apparently did. The company was quick to reverse the effects of this policy in hopes that the unrest would be quelled. On 27 January, Colonel Richard Birch, the Military Secretary, ordered that all cartridges issued from depots were to be free from grease, and that sepoys could grease them themselves using whatever mixture "they may prefer". A modification

11696-594: The Canadian province of Quebec are mixed law jurisdictions which primarily adhere to French legal tradition with regard to contract law and other principles of private law. Over the course of the nineteenth and twentieth century, the majority of jurisdictions in the Middle East and East Asia adopted civil law legal frameworks based on the Napoleonic, German, or Swiss model. The Napoleonic Code shapes contract law across much of

11868-649: The East India Company army defeated Mughal Emperor Shah Alam II . After his defeat, the emperor granted the company the right to the "collection of Revenue" in the provinces of Bengal (modern day Bengal , Bihar, and Odisha ), known as "Diwani" to the company. The Company soon expanded its territories around its bases in Bombay and Madras; later, the Anglo-Mysore Wars (1766–1799) and the Anglo-Maratha Wars (1772–1818) led to control of even more of India. In 1806,

12040-498: The Flagstaff Tower also set out for Karnal on foot. Some were helped by villagers on the way; others were killed. The next day, Bahadur Shah held his first formal court for many years. It was attended by many excited sepoys. The emperor was alarmed by the turn events had taken, but eventually accepted the sepoys' allegiance and agreed to give his countenance to the rebellion. On 16 May, up to 50 British who had been held prisoner in

12212-543: The Indian firm of Gangadarh Banerji & Co. By January, rumours abounded that the Enfield cartridges were greased with animal fat. Company officers became aware of the rumours through reports of an altercation between a high-caste sepoy and a low-caste labourer at Dum Dum . The labourer had taunted the sepoy that by biting the cartridge, he had himself lost caste, although at this time such cartridges had been issued only at Meerut and not at Dum Dum. There had been rumours that

12384-538: The Middle East, while contract law in Japan, South Korea, and the Republic of China is rooted in the German pandectist tradition. In 1926, Turkey replaced its Ottoman-era mixture of Islamic and secular laws with a secular civil code modelled after that of Switzerland , with its contract and commercial law modelled after the Swiss Code of Obligations , which was in turn influenced by German and French legal traditions. Following

12556-490: The Prophet Muhammad's coffin was suspended without visible support from the ceiling of his tomb, just as a wild deed just hangs there, not touching the chain of title. Blockchain technology has emerged with the potential to innovate and support the function of deeds in specific contexts. By design, blockchains contain an immutable ledger of transactions, recording transfers of information among users. Within this system,

12728-636: The Queen's proclamation in growing avowals of a new nationalism. Although the British East India Company had established a presence in India as far back as 1612, and earlier administered the factory areas established for trading purposes, its victory in the Battle of Plassey in 1757 marked the beginning of its firm foothold in eastern India. The victory was consolidated in 1764 at the Battle of Buxar , when

12900-407: The United States requires a written contract for tangible product sales in excess of $ 500, and for real estate contracts to be written. If the contract is not required by law to be written, an oral contract is generally valid and legally binding. The United Kingdom has since replaced the original Statute of Frauds, but written contracts are still required for various circumstances such as land (through

13072-408: The abolition of sati and the legalisation of widow remarriage were considered by many—especially the British themselves —to have caused suspicion that Indian religious traditions were being "interfered with", with the ultimate aim of conversion. Recent historians, including Chris Bayly , have preferred to frame this as a "clash of knowledges", with proclamations from religious authorities before

13244-454: The acts of the parties", which can be legally implied either from the facts or as required in law . Implied-in-fact contracts are real contracts under which parties receive the "benefit of the bargain". However, contracts implied in law are also known as quasi-contracts, and the remedy is quantum meruit , the fair market value of goods or services rendered. In commercial agreements it is presumed that parties intend to be legally bound unless

13416-401: The actual rebellion. On 26 February 1857 the 19th Bengal Native Infantry (BNI) regiment became concerned that new cartridges they had been issued were wrapped in paper greased with cow and pig fat, which had to be opened by mouth thus affecting their religious sensibilities. Their Colonel confronted them supported by artillery and cavalry on the parade ground, but after some negotiation withdrew

13588-589: The alarm. When his Adjutant Lt. Henry Baugh came out to investigate the unrest, Pandey opened fire but hit Baugh's horse instead. General John Hearsey came out to the parade ground to investigate, and claimed later that Mangal Pandey was in some kind of "religious frenzy". He ordered the Indian commander of the Quarter Guard Jemadar Ishwari Prasad to arrest Mangal Pandey, but the Jemadar refused. The quarter guard and other sepoys present, with

13760-409: The arsenal. Six of the nine officers survived, but the blast killed many in the streets and nearby houses and other buildings. The news of these events finally tipped the sepoys stationed around Delhi into open rebellion. The sepoys were later able to salvage at least some arms from the arsenal, and a magazine two miles (3 km (1.9 mi)) outside Delhi, containing up to 3,000 barrels of gunpowder,

13932-467: The artillery, and cancelled the next morning's parade. On 29 March 1857 at the Barrackpore parade ground, near Calcutta , 29-year-old Mangal Pandey of the 34th BNI, angered by the recent actions of the East India Company, declared that he would rebel against his commanders. Informed about Pandey's behaviour Sergeant-Major James Hewson went to investigate, only to have Pandey shoot at him. Hewson raised

14104-484: The basis of public policy . For example, in the English case Balfour v. Balfour a husband agreed to give his wife £30 a month while he was away from home, but the court refused to enforce the agreement when the husband stopped paying. In contrast, in Merritt v Merritt the court enforced an agreement between an estranged couple because the circumstances suggested their agreement was intended to have legal consequences. If

14276-432: The bazaar attacked off-duty soldiers there. About 50 Indian civilians, some of them officers' servants who tried to defend or conceal their employers, were killed by the sepoys. While the action of the sepoys in freeing their 85 imprisoned comrades appears to have been spontaneous, some civilian rioting in the city was reportedly encouraged by Kotwal (chief police officer) Dhan Singh Gurjar . Some sepoys (especially from

14448-437: The blockchain is generally publicly available to view) provide functions akin to those of a notary, such as ensuring the integrity and permanence of records. However, it is important to recognize that it does not replicate the full scope of legal authority and personal verification typically associated with notarial services. Nevertheless, proposals exist to further develop blockchain infrastructure, potentially expanding its use as

14620-446: The boundary between tort and contract law somewhat uncertain. Contracts are widely used in commercial law , and for the most part form the legal foundation for transactions across the world. Common examples include contracts for the sale of services and goods, construction contracts , contracts of carriage , software licenses , employment contracts , insurance policies , sales or leases of land, among others. A contractual term

14792-499: The buyer explicitly expressed the importance of this requirement. The relative knowledge of the parties may also be a factor, as in English case of Bissett v Wilkinson , where the court did not find misrepresentation when a seller said that farmland being sold would carry 2000 sheep if worked by one team; the buyer was considered sufficiently knowledgeable to accept or reject the seller's opinion. According to Andrew Tettenborn et al , there are five differing circumstances under which

14964-409: The categorisation of contracts into bilateral and unilateral ones. For example, the High Court of Australia stated that the term unilateral contract is "unscientific and misleading". In certain circumstances, an implied contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, if

15136-628: The cities of Delhi and Lucknow were laid waste in the fighting and the British retaliation. After the outbreak of the mutiny in Meerut, the rebels quickly reached Delhi, whose 81-year-old Mughal ruler, Bahadur Shah Zafar , was declared the Emperor of Hindustan . Soon, the rebels had captured large tracts of the North-Western Provinces and Awadh (Oudh). The East India Company's response came rapidly as well. With help from reinforcements, Kanpur

15308-492: The company's army. Just before the rebellion, there were over 300,000 sepoys in the army, compared to about 50,000 British. The East India Company's forces were divided into three presidency armies : Bombay , Madras , and Bengal . The Bengal Army recruited higher castes , such as Brahmins , Rajputs and Bhumihar , mostly from the Awadh and Bihar regions, and even restricted the enlistment of lower castes in 1855. In contrast,

15480-423: The condemned soldiers berated their comrades for failing to support them. The next day was Sunday. Some Indian soldiers warned off-duty junior British officers that plans were afoot to release the imprisoned soldiers by force, but the senior officers to whom this was reported took no action. There was also unrest in the city of Meerut itself, with angry protests in the bazaar and some buildings being set on fire. In

15652-518: The contract itself, countries have rules to determine the law governing the contract and the jurisdiction for disputes. For example, European Union Member States apply Article 4 of the Rome I Regulation to decide the law governing the contract, and the Brussels I Regulation to decide jurisdiction. Contracts have existed since antiquity, forming the basis of trade since the dawn of commerce and sedentism during

15824-472: The cool hill station where many high officials spent the summer. Although there was no open revolt at Ambala, there was widespread arson during late April. Barrack buildings (especially those belonging to soldiers who had used the Enfield cartridges) and British officers' bungalows were set on fire. At Meerut , a large military cantonment, 2,357 Indian sepoys and 2,038 British soldiers were stationed along with 12 British-manned guns. The station held one of

15996-438: The crew were already contracted to sail the ship. The pre-existing duty rule also extends to general legal duties; for example, a promise to refrain from committing a tort or crime is not sufficient. Some jurisdictions have modified the English principle or adopted new ones. For example, in the Indian Contract Act, 1872 , past consideration constitutes valid consideration, and that consideration may be from any person even if not

16168-461: The difficulties this might cause: unless it be proven that the grease employed in these cartridges is not of a nature to offend or interfere with the prejudices of religion, it will be expedient not to issue them for test to Native corps. However, in August 1856, greased cartridge production was initiated at Fort William, Calcutta , following a British design. The grease used included tallow supplied by

16340-474: The early 19th century, Dutch colonies retained the precedent-based Roman-Dutch law . British colonies in Southern Africa adopted Roman-Dutch principles in areas of private law via reception statutes adopting South African law, retaining Roman-Dutch law for most matters of private law while applying English common law principles in most matters of public law . Saint Lucia , Mauritius , Seychelles , and

16512-480: The entirety". In each case, the title to the property immediately and automatically vests in the named survivor(s) upon the death of the other tenant(s). In most states joint tenancy with the right of survivor-ship requires all owners to have equal interests in the property, meaning upon sale or partition of the property, all owners would receive an equal distribution of the proceeds. Joint ownership may also be by tenants in common (TIC). In some states, joint ownership

16684-463: The evening, most British officers were preparing to attend church, while many of the British soldiers were off duty and had gone into canteens or into the bazaar in Meerut. The Indian troops, led by the 3rd Cavalry, broke into revolt. British junior officers who attempted to quell the first outbreaks were killed by the rebels. British officers' and civilians' quarters were attacked, and four civilian men, eight women and eight children were killed. Crowds in

16856-431: The extent of their enforceability as part of a contract. English common law distinguishes between important conditions and warranties , with a breach of a condition by one party allowing the other to repudiate and be discharged while a warranty allows for remedies and damages but not complete discharge. In modern United States law the distinction is less clear but warranties may be enforced more strictly. Whether or not

17028-489: The extinction of the royal bloodline would be a ground for annexation of a principality by the British, some rulers were also granted sanads of adoption. Devised as a reward for loyalty to British rule in India, especially after the Indian rebellion of 1857 , such deeds gave a ruler the right to adopt chosen heirs from local noble families in case of lack of direct issue. Among the rulers that were given sanads of adoption, Takht Singh , Jaswant Singh of Bharatpur , as well as

17200-498: The feudal nobility, rural landlords called taluqdars , and the peasants . The nobility, many of whom had lost titles and domains under the Doctrine of Lapse , which refused to recognise the adopted children of princes as legal heirs, felt that the company had interfered with a traditional system of inheritance. Rebel leaders such as Nana Sahib and the Rani of Jhansi belonged to this group;

17372-421: The formal disbanding helped foment the rebellion in view of some historians. Disgruntled ex-sepoys returned home to Awadh with a desire for revenge. During April, there was unrest and fires at Agra , Allahabad and Ambala . At Ambala in particular, which was a large military cantonment where several units had been collected for their annual musketry practice, it was clear to General Anson, Commander-in-Chief of

17544-508: The freedom of contract in order to prevent businesses from exploiting consumers. In 1993, Harvey McGregor , a British barrister and academic, produced a "Contract Code" under the auspices of the English and Scottish Law Commissions , which was a proposal to both unify and codify the contract laws of England and Scotland. This document was offered as a possible "Contract Code for Europe", but tensions between English and German jurists meant that this proposal has so far come to naught. In spite of

17716-526: The freedom of contract. For example, the Civil Rights Act of 1964 restricted private racial discrimination against African-Americans. The US Constitution contains a Contract Clause , but this has been interpreted as only restricting the retroactive impairment of contracts. In the late twentieth and early twenty-first century, consumer protection legislation, such as Singapore's Consumer Protection (Fair Trading) Act 2003, progressively imposed limits upon

17888-567: The full performance of an obligation. English courts have established that any intention to make the contract a "complete code", so as to exclude any option to resort to a common law or extra-contractual remedy, must be evidenced in "clear express words": otherwise a "presumption that each party to a contract is entitled to all remedies which arise by operation of law" will be honoured by the courts. Common law jurisdictions typically distinguish three different categories of contractual terms, conditions, warranties and intermediate terms, which vary in

18060-568: The general purpose of contract law is to enforce promises . Other approaches to contract theory are found in the writings of legal realists and critical legal studies theorists, which have propounded Marxist and feminist interpretations of contract. Attempts at understanding the overarching purpose and nature of contracting as a phenomenon have been made, notably relational contract theory . Additionally, certain academic conceptions of contracts focus on questions of transaction cost and ' efficient breach ' theory. Another important dimension of

18232-403: The guardian of a young girl took out a loan to educate her. After she was married, her husband promised to pay the debt but the loan was determined to be past consideration. In the early English case of Stilk v. Myrick [1809], a captain promised to divide the wages of two deserters among the remaining crew if they agreed to sail home short-handed; however, this promise was found unenforceable as

18404-552: The implications and potential need for regulatory measures. The future of NFTs as a deed or similar vehicle of property rights, therefore, represents a dynamic intersection of technology, law, and property rights, warranting close observation and study as it progresses. Contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties . A contract typically involves consent to transfer of goods , services , money , or promise to transfer any of those at

18576-462: The improvements brought about by British rule. Many Indians rose against the British; however, many also fought for the British, and the majority remained seemingly compliant to British rule. Violence, which sometimes betrayed exceptional cruelty, was inflicted on both sides, on British officers, and civilians, including women and children, by the rebels, and on the rebels, and their supporters, including sometimes entire villages, by British reprisals;

18748-504: The largest concentrations of British troops in India and this was later to be cited as evidence that the original rising was a spontaneous outbreak rather than a pre-planned plot. Although the state of unrest within the Bengal Army was well known, on 24 April Lieutenant Colonel George Carmichael-Smyth, the unsympathetic commanding officer of the 3rd Bengal Light Cavalry , which was composed mainly of Indian Muslims, ordered 90 of his men to parade and perform firing drills. All except five of

18920-430: The latter, for example, was prepared to accept East India Company supremacy if her adopted son was recognised as her late husband's heir. In other areas of central India, such as Indore and Sagar , where such loss of privilege had not occurred, the princes remained loyal to the company, even in areas where the sepoys had rebelled. The second group, the taluqdars , had lost half their landed estates to peasant farmers as

19092-482: The law of delicts), the other major area of the law of obligations. While tort law generally deals with private duties and obligations that exist by operation of law, and provide remedies for civil wrongs committed between individuals not in a pre-existing legal relationship , contract law provides for the creation and enforcement of duties and obligations through a prior agreement between parties. The emergence of quasi-contracts , quasi-torts , and quasi-delicts renders

19264-599: The majority of English-speaking countries, the rules are derived from English contract law which emerged as a result of precedents established by various courts in England over the centuries. Meanwhile, civil law jurisdictions generally derive their contract law from Roman law , although there are differences between German contract law , legal systems inspired by the Napoleonic Code or the Civil Code of Lower Canada (e.g. Québec and Saint Lucia ), and jurisdictions following Roman-Dutch law (e.g. Indonesia and Suriname ) or

19436-405: The men on parade refused to accept their cartridges. On 9 May, the remaining 85 men were court martialled , and most were sentenced to 10 years' imprisonment with hard labour. Eleven comparatively young soldiers were given five years' imprisonment. The entire garrison was paraded and watched as the condemned men were stripped of their uniforms and placed in shackles. As they were marched off to jail,

19608-401: The new owner (the grantee), and can include various warranties . The precise name and nature of these warranties differ by jurisdiction. Often, however, the basic differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or the warranty may be limited to only claims which occurred after the grantor obtained

19780-408: The nineteenth century – and these are often referred to as 'Old System' deeds. A deed that is recorded, but is not connected to the chain of title of the property, is called a wild deed . A wild deed does not provide constructive notice to later purchasers of the property, because subsequent bona fide purchasers cannot reasonably be expected to locate the deed while investigating the chain of title to

19952-524: The obligation, and the trustee's contingent ownership is extinguished. Otherwise, upon default, the trustee will liquidate the property with a new deed and offset the lender's loss with the proceeds. Sanad , also spelt as sunnud , was a deed granted to the rulers of native princely states in British India confirming them in their ruling position in return for their allegiance to the British Raj . Since

20124-550: The obligation. Further, reasonable notice of a contract's terms must be given to the other party prior to their entry into the contract. Written contracts have typically been preferred in common law legal systems. In 1677 England passed the Statute of Frauds which influenced similar statute of frauds laws in the United States and other countries such as Australia. In general, the Uniform Commercial Code as adopted in

20296-405: The offer's terms, which is known as the " mirror image rule ". An offer is defined as a promise that is dependent on a certain act, promise, or forbearance given in exchange for the initial promise An acceptance is simply the assent of the other contracting party or parties to the terms stipulated in the contract. As an offer states the offeror's willingness to be bound to the terms proposed therein,

20468-450: The offeror. Consideration must be lawful for a contract to be binding. Applicable rules in determining if consideration is lawful exist both in case law and in the codes of some common law jurisdictions. The general principles of valid consideration in the common law tradition are that: The insufficiency of past consideration is related to the pre-existing duty rule . For example, in the early English case of Eastwood v. Kenyon [1840],

20640-554: The offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay. On the other hand, advertisements which promise bargains are generally regarded not as offers for unilateral contracts but merely "invitations to treat". Some have criticised

20812-437: The other party to the contract. Contract theory is a large body of legal theory that addresses normative and conceptual questions in contract law. One of the most important questions asked in contract theory is why contracts are enforced. One prominent answer to this question focuses on the economic benefits of enforcing bargains. Another approach, associated with Charles Fried in his book Contract as Promise , maintains that

20984-531: The outbreak of the rebellion was the General Service Enlistment Act of 25 July 1856. As noted above, men of the Bengal Army had been exempted from overseas service. Specifically, they were enlisted only for service in territories to which they could march. Governor-General Lord Dalhousie saw this as an anomaly, since all sepoys of the Madras and Bombay Armies and the six "General Service" battalions of

21156-424: The palace or had been discovered hiding in the city were killed by some of the emperor's servants under a peepul tree in a courtyard outside the palace. The news of the events at Meerut and Delhi spread rapidly, provoking uprisings among sepoys and disturbances in many districts. In many cases, it was the behaviour of British military and civilian authorities themselves which precipitated disorder. Learning of

21328-487: The parties expressly state the opposite. For example, in Rose & Frank Co v JR Crompton & Bros Ltd , an agreement between two business parties was not enforced because an "honour clause" in the document stated "this is not a commercial or legal agreement, but is only a statement of the intention of the parties". In contrast, domestic and social agreements such as those between children and parents are typically unenforceable on

21500-493: The parties have explicitly agreed that breach of that term, no matter what the factual consequences, will entitle the innocent party to terminate the contract for breach; or (5) as a matter of general construction of the contract, the clause must be understood as intended to operate as a condition. In all systems of contract law, the capacity of a variety of natural or juristic persons to enter into contracts, enforce contractual obligations, or have contracts enforced against them

21672-514: The parties to modify the terms governing their obligations to each other. This is reflected in Article 3.1.2 of the Principles of International Commercial Contracts , which states that "a contract is concluded, modified or terminated by the mere agreement of the parties, without any further requirement". Assignments are typically subject to statutory restrictions, particularly with regard to the consent of

21844-423: The parties, but may have no effect upon third-party claims until disclosed or recorded. A local statute may prescribe a period beyond which unrecorded deeds become void as to third parties, at least as to intervening acts. Ownership transfer may also be crafted within deeds to pass by demise, as where a property is held in concurrent estate such as "joint tenants with right of survivor-ship" (JTWROS) or "tenants by

22016-402: The peasant farmers, many of whom joined the rebellion, to the great dismay of the British. It has also been suggested that heavy land-revenue assessment in some areas by the British resulted in many landowning families either losing their land or going into great debt to money lenders, and providing ultimately a reason to rebel; money lenders, in addition to the company, were particular objects of

22188-494: The practical application of NFTs functioning like land deeds in real estate, the legal framework surrounding such transactions remains in a state of development. As of now, the use of blockchain and NFTs to serve a deed-like purpose, as in real estate, operates in a legal gray area, with no direct legal statutes explicitly supporting or regulating this method of property transfer. This emerging field continues to evolve, with legal experts, industry stakeholders, and legislators examining

22360-405: The presence of missionaries as a sign of official intent, were convinced that the company was masterminding mass conversions of Hindus and Muslims to Christianity. Although earlier in the 1830s, evangelicals such as William Carey and William Wilberforce had successfully clamoured for the passage of social reform, such as the abolition of sati and allowing the remarriage of Hindu widows, there

22532-517: The principle underlying contemporary negotiable instruments . The hawala system also influenced the development of agency in common law and in civil laws . In Roman law, agents could not act on behalf of other individuals in the formation of binding contracts. On the other hand, Islamic law accepted agency as permissible in not only contract law but in the law of obligations generally, an approach that has since become mainstream in common law, mixed law, and most civil law jurisdictions. Analogously,

22704-447: The promisee. The Indian Contract Act also codifies examples of when consideration is invalid, for example when it involves marriage or the provision of a public office. The primary criticism of the doctrine of consideration is that it is purely a formality that merely serves to complicate commerce and create legal uncertainty by opening up otherwise simple contracts to scrutiny as to whether the consideration purportedly tendered satisfies

22876-422: The promisee. Forbearance to act, for example, can constitute valid consideration, but only if a legal right is surrendered in the process. Common law jurisdictions require consideration for a simple contract to be binding, but allow contracts by deed to not require consideration. Similarly, under the Uniform Commercial Code , firm offers in most American jurisdictions are valid without consideration if signed by

23048-457: The property expenses after taking deed to the property. Credits may be allowed for utilities and maintenance; however, credits for improvements may not be allowed unless the improvements actually added substantial value to the property. In the United States, a pardon of the President was once considered to be a deed and thus needed to be accepted by the recipient. This made it impossible to grant

23220-414: The property. Haupt has stated that Because title searching relies on the grantor/grantee indexes, it's possible that a deed won't be discovered even though it was recorded. "Example: Atwood sells his land to Burns, but Burns does not record his deed. Burns later sells the land to Cooper, and Cooper records her deed. But because the previous deed (the deed from Atwood to Burns) was not recorded, Cooper's deed

23392-411: The purchase price. For example, if A and B co-own property as JTWROS and A contributed 80% of the purchase price, A and B would still receive equal distributions upon partition. On the other hand, TIC deed holders may be granted at partition a credit for unequal contributions to purchase price. During either partition, credits may be awarded to any co-owner who may have contributed in excess of his share to

23564-471: The real estate. The latter type of deed is usually known as a special warranty deed . While a general warranty deed was normally used for residential real estate sales and transfers, special warranty deeds are becoming more common and are more commonly used in commercial transactions. A third type of deed, known as a bargain and sale deed , implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed

23736-464: The rebel leaders proclaimed no articles of faith that presaged a new political system . Even so, the rebellion proved to be an important watershed in Indian and British Empire history. It led to the dissolution of the East India Company, and forced the British to reorganize the army, the financial system, and the administration in India, through passage of the Government of India Act 1858 . India

23908-456: The rebellion, while others held back but also refused to obey orders to take action against the rebels. In the afternoon, a violent explosion in the city was heard for several miles. Fearing that the arsenal, which contained large stocks of arms and ammunition, would fall intact into rebel hands, the nine British Ordnance officers there had opened fire on the sepoys, including the men of their own guard. When resistance appeared hopeless, they blew up

24080-452: The rebels' animosity. The civilian rebellion was also highly uneven in its geographic distribution, even in areas of north-central India that were no longer under British control. For example, the relatively prosperous Muzaffarnagar district, a beneficiary of a Company irrigation scheme, and next door to Meerut , where the upheaval began, stayed relatively calm throughout. " Utilitarian and evangelical -inspired social reform", including

24252-410: The register, a contract describing the property ownership. The main difference between a deed and an agreement is that the deed is generally signed by only one person / party. Examples of a deed are deeds of hyphenation for creating charge on movable properties in favor of the banks/financial institutions etc. An agreement by its name suggests that there should be at least two parties signing/approving

24424-465: The requirements of the law. While the purpose of the doctrine was ostensibly to protect parties seeking to void oppressive contracts, this is currently accomplished through the use of a sophisticated variety of defences available to the party seeking to void a contract. In practice, the doctrine of consideration has resulted in a phenomenon similar to that of Ḥiyal in Islamic contracts, whereby parties to

24596-515: The requirements of their religious rituals. Consequently, these soldiers dined in separate facilities; in addition, overseas service, considered polluting to their caste, was not required of them, and the army soon came officially to recognise Hindu festivals. "This encouragement of high caste ritual status, however, left the government vulnerable to protest, even mutiny, whenever the sepoys detected infringement of their prerogatives." Stokes argues that "The British scrupulously avoided interference with

24768-587: The revolt and testimony after it including on such issues as the "insults to women", the rise of " low people ' under British tutelage", the "pollution" caused by Western medicine and the persecuting and ignoring of traditional astrological authorities. British-run schools were also a problem: according to recorded testimonies, anger had spread because of stories that mathematics was replacing religious instruction, stories were chosen that would "bring contempt" upon Indian religions, and because girl children were exposed to "moral danger" by education. The justice system

24940-756: The revolt is contested , and it is variously described as the Sepoy Mutiny , the Indian Mutiny , the Great Rebellion , the Revolt of 1857 , the Indian Insurrection , and the First War of Independence . The Indian rebellion was fed by resentments born of diverse perceptions, including invasive British-style social reforms, harsh land taxes, summary treatment of some rich landowners and princes, and scepticism about

25112-749: The role of law, the PRC's socialist background, the Japanese/German-based law of the Republic of China on Taiwan , and the English-based common law used in Hong Kong. Consequently, contract law in the Chinese mainland functions as a de facto mixed system. The 2021 civil code provides for the regulation of nominate contracts in a manner similar to that of jurisdictions such as Japan, Germany, France, and Québec. The rules governing contracts vary between jurisdictions. In

25284-486: The rulers of Nagod State , Samthar State and the Chaube Jagirs are worth mentioning. The main clauses of a deed of conveyance are: Usually the transfer of ownership of real estate is registered at a cadastre in the United Kingdom. In most parts of the United States, deeds must be submitted to the recorder of deeds , who acts as a cadastre, to be registered. An unrecorded deed may be valid proof of ownership between

25456-438: The sale of a home, the buyer promises to pay the seller $ 200,000 in exchange for the seller's promise to deliver title to the property. Bilateral contracts commonly take place in the daily flow of commercial transactions. Less common are unilateral contracts, in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to

25628-432: The same overarching purpose of enabling the creation of legally enforceable obligations, they may contain significant differences. Accordingly, many contracts contain a choice of law clause and a forum selection clause to determine the jurisdiction whose system of contract law will govern the contract and the court or other forum in which disputes will be resolved, respectively. Failing express agreement on such matters in

25800-478: The same. Examples of an agreement are agreement to sale, loan agreement etc. At common law, ownership was proven via an unbroken chain of title deeds. The Torrens title system is an alternative way of proving ownership. First introduced in South Australia in 1858 by Sir Robert Torrens and adopted later by the other Australian states and other countries, ownership under Torrens title is proven by possession of

25972-408: The sepoys as ordinary petitioners, but others in the palace were quick to join the revolt. During the day, the revolt spread. British officials and dependents, Indian Christians and shop keepers within the city were killed, some by sepoys and others by crowds of rioters. There were three battalion-sized regiments of Bengal Native Infantry stationed in or near the city. Some detachments quickly joined

26144-504: The sepoys from Bengal – many of whom had fought against the Company in the Battles of Plassey and Buxar – were now suspect in British eyes, Hastings recruited farther west from the high-caste rural Rajputs and Bhumihar of Awadh and Bihar, a practice that continued for the next 75 years. However, in order to forestall any social friction, the company also took action to adapt its military practices to

26316-487: The single exception of a soldier called Shaikh Paltu , drew back from restraining or arresting Mangal Pandey. Shaikh Paltu restrained Pandey from continuing his attack. After failing to incite his comrades into an open and active rebellion, Mangal Pandey tried to take his own life, by placing his musket to his chest and pulling the trigger with his toe. He managed only to wound himself. He was court-martialled on 6 April and hanged two days later. The Jemadar Ishwari Prasad

26488-488: The social structure of the village community which remained largely intact." After the annexation of Oudh (Awadh) by the East India Company in 1856, many sepoys were disquieted both from losing their perquisites, as landed gentry, in the Oudh courts, and from the anticipation of any increased land-revenue payments that the annexation might bring about. Other historians have stressed that by 1857, some Indian soldiers, interpreting

26660-547: The term "represents" in order to avoid claims under the Misrepresentation Act 1967 , while in America the use of "warrants and represents" is relatively common. English courts may weigh parties' emphasis in determining whether a non-contractual statement is enforceable as part of the contract. In the English case of Bannerman v White , the court upheld a rejection by a buyer of hops which had been treated with sulphur since

26832-447: The terms of a contract are so uncertain or incomplete as to elude reasonable interpretation, the parties cannot have reached an agreement in the eyes of the law. An agreement to agree does not constitute a contract, and an inability to agree on key issues, which may include such things as price or safety, may cause an entire contract to fail. However, a court will attempt to give effect to commercial contracts where possible, by construing

27004-401: The theoretical debate in contract is its place within, and relationship to a wider law of obligations . Obligations have traditionally been divided into contracts, which are voluntarily undertaken and owed to a specific person or persons, and obligations in tort which are based on the wrongful infliction of harm to certain protected interests, primarily imposed by the law, and typically owed to

27176-543: The three "Presidencies" into which the East India Company divided India for administrative purposes maintained their own armies. Of these, the Army of the Bengal Presidency was the largest. Unlike the other two, it recruited heavily from among high-caste Hindus and comparatively wealthy Muslims. The Muslims formed a larger percentage of the 18 irregular cavalry units within the Bengal Army, whilst Hindus were mainly to be found in

27348-493: The transfer of debt , which was not accepted under Roman law, became widely practiced in medieval European commerce, owing largely to trade with the Muslim world during the Middle Ages. Since the nineteenth century, two distinct traditions of contract law emerged. Jurisdictions that were previously British colonies generally adopted English common law . Other jurisdictions largely adopted the civil law tradition, either inheriting

27520-710: The various legal traditions closer together. In the early 20th century, the United States underwent the " Lochner era ", in which the Supreme Court of the United States struck down economic regulations on the basis of freedom of contract and the Due Process Clause . These decisions were eventually overturned, and the Supreme Court established a deference to legislative statutes and regulations that restrict freedom of contract. The need to prevent discrimination and unfair business practices has placed additional restrictions on

27692-493: Was a major uprising in India and modern day Pakistan in 1857–58 against the rule of the British East India Company , which functioned as a sovereign power on behalf of the British Crown . The rebellion began on 10 May 1857 in the form of a mutiny of sepoys of the company's army in the garrison town of Meerut , 40 miles (64 km) northeast of Delhi. It then erupted into other mutinies and civilian rebellions chiefly in

27864-409: Was also made to the drill for loading so that the cartridge was torn with the hands and not bitten. This, however, merely caused many sepoys to be convinced that the rumours were true and that their fears were justified. Additional rumours started that the paper in the new cartridges, which was glazed and stiffer than the previously used paper, was impregnated with grease. In February, a court of inquiry

28036-479: Was captured without resistance. Many fugitive British officers and civilians had congregated at the Flagstaff Tower on the ridge north of Delhi, where telegraph operators were sending news of the events to other British stations. When it became clear that the help expected from Meerut was not coming, they made their way in carriages to Karnal . Those who became separated from the main body or who could not reach

28208-521: Was considered to be inherently unfair to the Indians. The official Blue Books, East India (Torture) 1855–1857 , laid before the House of Commons during the sessions of 1856 and 1857, revealed that Company officers were allowed an extended series of appeals if convicted or accused of brutality or crimes against Indians. The economic policies of the East India Company were also resented by many Indians. Each of

28380-399: Was first used in the English case of Smith v Hughes in 1871. Where an offer specifies a particular mode of acceptance, only acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral . A bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for

28552-427: Was held at Barrackpore to get to the bottom of these rumours. Native soldiers called as witnesses complained of the paper "being stiff and like cloth in the mode of tearing", said that when the paper was burned it smelled of grease, and announced that the suspicion that the paper itself contained grease could not be removed from their minds. Civilian rebellion was more multifarious. The rebels consisted of three groups:

28724-536: Was provided by the ammunition for the new Enfield Pattern 1853 rifled musket . These rifles, which fired Minié balls , had a tighter fit than the earlier muskets, and used paper cartridges that came pre-greased. To load the rifle, sepoys had to bite the cartridge open to release the powder. The grease used on these cartridges was rumoured to include tallow derived from beef, which would be offensive to Hindus, and lard derived from pork, which would be offensive to Muslims. At least one Company official pointed out

28896-484: Was relatively low and after Oudh and the Punjab were annexed, the soldiers no longer received extra pay ( batta or bhatta ) for service there, because they were no longer considered "foreign missions". The junior British officers became increasingly estranged from their soldiers, in many cases treating them as their racial inferiors. In 1856, a new Enlistment Act was introduced by the company, which in theory made every unit in

29068-637: Was retaken by mid-July 1857, and Delhi by the end of September. However, it then took the remainder of 1857 and the better part of 1858 for the rebellion to be suppressed in Jhansi, Lucknow, and especially the Awadh countryside. Other regions of Company-controlled India— Bengal province, the Bombay Presidency , and the Madras Presidency —remained largely calm. In the Punjab , the Sikh princes crucially helped

29240-441: Was sentenced to death and hanged on 21 April. The regiment was disbanded and stripped of its uniforms because it was felt that it harboured ill-feelings towards its superiors, particularly after this incident. Shaikh Paltu was promoted to the rank of havildar in the Bengal Army but was murdered shortly before the 34th BNI dispersed. Sepoys in other regiments thought these punishments were harsh. The demonstration of disgrace during

29412-493: Was the ancient capital and present seat of the nominal Mughal Emperor and finally there were no British troops in garrison there in contrast to Meerut. No effort was made to pursue them. Early on 11 May, the first parties of the 3rd Cavalry reached Delhi. From beneath the windows of the Emperor 's apartments in the palace, they called on Bahadur Shah II to acknowledge and lead them. He did nothing at this point, apparently treating

29584-410: Was thereafter administered directly by the British government in the new British Raj . On 1 November 1858, Queen Victoria issued a proclamation to Indians, which while lacking the authority of a constitutional provision, promised rights similar to those of other British subjects. In the following decades, when admission to these rights was not always forthcoming, Indians were to pointedly refer to

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