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Implied Warranty of Authority - The Decision in Collen v Wright

  Collen Vs Wright: Contracts entered into through an agent, and obligations arising from acts done by the agent may be enforced in the same manner and will have the same legal consequences as if the contracts had been entered into and the acts done by the principal in person. This effect must follow that the agent must have done the act within the scope of his authority. The authority of an agent and more particularly its scope are subjected to some controversy Collen Vs Wright (1857), the defendant Wright acted as land agent for principal and leased the principal’s farm to a third party, the plaintiff Collen. Wrights assertion of authority was unqualified but Wright, in fact, acted beyond actual authority because of the length of the lease, and the lease was thereby unenforceable. Wright, the agent was held liable to Collen for damages suffered even though it was an honest mistake by Wright. The 1857 decision of Collen v Wright is said to have created the doctrine of implied warr...

Lockdown and Liquor management : Kerala

Bringing cheers to thousands of tipplers across Kerala, Google has approved the virtual queue management app, BevQ. The virtual token system implemented with the app- BevQ will aid in following social distancing norms while purchasing alcohol. All decks are now clear for liquor outlets in the state to open.  Lockdown & Liquor The first phase of lockdown was announced on March 24 by Government of India GOI to contain the coronavirus pandemic. There was no consultation with the state governments. All the guidelines and dos and don'ts of lockdown was issued by the central government. In doing so, the central government had interfered in many items that are in state list - purchase and sale of alcohol one among them. Liquor stores across the nation were shuttered. This was a major blow to states which were already choked with revenue shortage owing to pending GST and the extra pressure put on on the state's finances in fighting the pandemic. Many states had significant r...

DOMESTIC VIOLENCE - THE SHADOW PANDEMIC

    The outbreak of a virus, COVID-19 which began in a province in China towards the end of 2019 has had a long-lasting and ripple effect across borders of the world. Countries have been forced to legally enforce lockdown to contain the pandemic as no known cure or another containment strategy is available to date. The health departments in most of the countries are testing its limits and law enforcement agencies have prioritized enforcing the lockdown. Routine tasks of enforcement agencies have taken a back seat for now.        The nationwide lockdown announced in India was initially supposed to end on April 15th. It has been extended to May 3rd and currently at the time of writing this article it has been extended to May 17. The exact date of return to normalcy is still unknown.  Of the many things that went wrong with the unplanned shutdown of the nation, providing for the vulnerable and protection of them is the most serious. No n...

Covid 19 - Aftermath and Recovery

Novel coronavirus - Covid19 had its silent entry to the world towards the end of 2019 in China. The virus has now spread cross borders, some credits attributed to globalisation and the free market economy. The mortality rate for Covid19 is pretty high and there is no known cure yet. There are theories that the virus is mutating frequently that an immediate cure is a remote possibility. The immediate response by nations of the world had been to go on lockdown. People who have homes are now confined to their homes. The homeless are now in peril. Hospitals are overcrowded with covid patients. There is a shortage of immunity medicines, Personal Protective Equipment (PPE) kits and ventilators, so much that trade wars have started for these. The medical response team in many countries are now stressed with the spike in covid19 cases. Law enforcement agencies have prioritised in enforcing the lockdown. With people confined to their homes, the schedule for many people is not how they had ...

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