CHAPTERIZATION
CHAPTERS PGNO
1- INTRODUCTION 6
2- WHAT IS INDMENITY? 7
3- SECTION 124 DEFINATION OF CONTARCT OF INDEMNITY 8
4- INDMENITY UNDER ENGLISH LAW (COMPARISON) 9
5- DIFFENCES BETWEEN GUARANTEE AND INDEMNITY 11
6- SECTION 125 RIGHT OF THE INDEMNITY HOLDER 13
7- IMPLIED AUTHORITY TO DEFEND 14
8- INDEMNITY UNDER INSURANCE POLICIES 15
9- CONCLUSION 16
10- BIBILIOGRAPHY 17
INTRODUCTION
An agreement of indemnity as a concept developed under common law is an agreement. Where in the promisor promises to save the promise from harmless loss caused by event or accidents. Which do not or may not depend on the conduct of any person or form liability for something done by the promise at the request of the promisor. The promise could be express or implied in this whole project we talked about indemnity from where it is borrowed actually borrowed from Halsbury law of England within common lawin this project w...
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...fundamentally derived from the age old time-tested English law – The Hallsbury’s Law of England.
Hence, changes in indemnity is very essential as a fundamental requirement in the modern age, as it has a lot of flaws in itself. Indemnity and its scope is very narrow, and there is no way one can get out if he gets entangled in indemnity. One person here is definitely in a position to dominate the will of the other person, and this leads to a direct blow to the pure basic essence of Contract law.
BIBLIOGRAPHY
Reference books
1- Contract and specific relief act AVTAR SINGH 11TH EDITION EASTERN BOOK PUBLICATION
2- Contract and specific relief act R.K BANGIA 6TH EDITION ALLAHABAD LAW AGENCY PUBLICATION
3- Indian contract act and tender act T S RAMASWAMY IYER 10TH EDITION GOGIA AND COMPANY PUBLICATION
Billy Wilder’s film Double Indemnity uses a considerable amount of German Expressionism techniques. A crystal clear example of this is at the end of the film when Walter goes to meet Phyllis at her house, when he opens the door a long and sharp shadow appears across the wall. This is a technique used in one of the most famous german expressionism films Cabinet of Dr. Caligari. In order to get this effect, Wilder is using low-key lighting so the shadow is obvious to the audience. In this film, long and sharp shadows as well as inky blackness often appear on the screen, this is a major characteristic of german expressionist films. The mise en scene reinforces the darkness in the style and tone. These films emphasize
In Billy Wilder’s 1944 blockbuster hit Double Indemnity, a fast-talking insurance salesman named Walter Neff (Fred MacMurray) visits the home of the seductive Phyllis Dietrichson (Barbara Stanwyck) to renew the insurance policy on her husband’s automobiles. A romantic affair shortly ensues, and Walter is soon coerced by Phyllis into plotting a murder. Walter then comes up with an idea to receive double the amount Phyllis had previously intended, and they eventually deceive Mr. Dietrichson (Tom Powers) by making him sign a double indemnity insurance policy which in return states that the widow will receive full compensation on behalf of the bearer’s death. Mr. Dietrichson’s death is then made to look accidental; however, all does not go according to plan when Barton Keyes (Edward G. Robinson), a diligent insurance investigator conducts an examination of the case file. It is a tale of love and betrayal where Walter and Phyllis inevitably face the repercussions of their actions. The story transitions from the present to the past with the use of flashbacks. The voice of Walter Neff is used as a narrative style in the form of an office memorandum which is integrated throughout the film. The movie opens and ends with Walter as he tells the story of killing a man to Keyes through the Dictaphone. Billy Wilder uses money, a woman and the ability to cheat the system to denote Walter Neff’s motives to commit the perfect crime.
If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.
Adapted from the novella written by James M. Cain, Double Indemnity is a melodramatic film noir that highlights the conflict its characters face through adultery and murder which develops from the dissatisfaction and alienation that arose in the era of modernity as shown in most noir films. Unlike most noir films, Double Indemnity set the bar in terms of structural themes to follow and elements that eventually came to be considered essential in the noir genre. The film was seen to be a full embodiment of what the genre should be. Double Indemnity is an archetypal noir film, which portrays noir elements through its style, the characters, its writers’ backstory and the history of Los Angeles, the city in which it is set. This essay will examine how Los Angeles is integrated not only into the location but also into the storyline of the characters and their motivations but also the filmmakers’ lives. It does this through characteristic noir motifs like “the urban cultural landscape, the lack of rootedness of the characters, and the self-deceptions that center their world” (p. 437) affect the protagonists in the film. Double Indemnity’s use of Los Angeles as its primary location exposes the innate decadence and decay of the city through film noir stylistic elements. Billy Wilder directed Double Indemnity and the film became the archetypal noir film because it embodied all the characteristics of a typical noir film, which include “claustrophobia, paranoia, despair and nihilism” (Place and Peterson, p. 327) course kit source. Los Angeles, the city used primarily as the location in the film becomes not merely a backdrop but a character in the film through its physical and implied characteristics. The context through the stories of Wild...
The law of contract in many legal systems requires that parties should act in good faith. English law refuses to impose such a general doctrine of good faith in the field of contract law. However, despite not recognizing the principle, English contract law is still influenced by notions of good faith. As Lord Bingham affirmed, the law has developed numerous piecemeal solutions in response to problems of unfairness. This essay will seek to examine the current and future state of good faith in English contract law.
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
Cownie, F and Bradney, A. (2002) English Legal System in Context, London, Butterworths, pp. 293-4.
This case mentioned below is a fine example of understanding the Law of Contract in a better manner. (Gerald, 2014).
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
The Sources of English Law There are three main sources of English law, legislation and statutes. Law), Common Law (Judge-made Law) and the European Communities law. English Law was historically based on customs and social traditions. Today Custom Law is a part of Common Law, notably in cases where there was no judicial precedent but which were known to exist since time memorial (i.e. since 1189). Many of these laws, such as the Fisherman's Case (1894) 2 East PC 661.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...