Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other. The United States has a federal system of governance consisting of the national or federal government, and the government of the individual states.
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Ozone Depletion
The ozone layer is a belt of naturally occurring ozone
gas that sits 9.3 to 18.6 miles (15 to 30 kilometers) above Earth and
serves as a shield from the harmful ultraviolet B radiation emitted by
the sun.
Ozone is a highly reactive molecule that contains three
oxygen atoms. It is constantly being formed and broken down in the high
atmosphere, 6.2 to 31 miles (10 to 50 kilometers) above Earth, in the
region called the stratosphere.
Today, there is widespread concern
that the ozone layer is deteriorating due to the release of pollution
containing the chemicals chlorine and bromine. Such deterioration allows
large amounts of ultraviolet B rays to reach Earth, which can cause
skin cancer and cataracts in humans and harm animals as well.
Distinguish or Difference between the Contract of Indemnity and Contract of Guarantee
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Distinguish or Difference between the Contract of Indemnity and
Contract of Guarantee
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CONTRACT OF INDEMNITY
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CONTRACT OF GUARANTEE
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Sections:-
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Section 125 of the Indian Contract Act, 1872 explain the provisions about "Contract of Indemnity".
Section 124: A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person is called a "Contract of Indemnity". |
Section 126 to 147 of the indian Contract Act, 1872 explain about " Contract of Guarantee". Section 126 defines " Contract of Guarantee".
Section 126: A Contract of quarantee is a contract to perform the promise, or to discharge the liability, of a third person in case of his default. |
Object:-
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| 1. It Provides Security 2. A risk of loss is an indemnity anticipated. It may occur or may not occur. The risk arises in future, and not at or before the date of contract. |
1. It Provides surety 2. The debt, for which guarantee is sought, is existing one.Such guarantee can be sought for existing or previous debts. |
Meaning :-
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In the contract of indemnity one person
promises to save the other from any loss.
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In the contract of guarantee one person gives guarantee for the performance of the contract.
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The Number of Parties :-
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Under the contract of indemnity there are two parties.
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Under the contract of guarantee there are three parties. The obligation arises only on the default of the principal debtor.
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The Liability :-
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1. Under indemnity contract the basic liability falls on the indemnifier.
2. The indemnifier does not undertake to be answerable for the debt of obligation of another. |
1. In case of guarantee contract surety has the secondary liability.
2. The guarantor gives an undertaking to be answerable for the debtor or obligation of another. |
Example:-
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1. Mr. X executed to Mr.Y a note, agreeing to reimburse Y to the extent of Rs.1,000 if loss occurs. It is only an indemnity. It is called an original obligation.
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1. Mr. X executes a pronote for Rs.1,000 in favour of Mr.Y. Mr. Z stands as a guarantor for the repayment. It is called a guarantee.
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The Number Of Contracts :-
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Under the indemnity contract there is one contract only.
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Under the contract of guarantee there must be at least three contracts.
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The Nature of Interest :-
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1. In an indemnity, there is only a risk of loss, which is sought to be indemnified.
2. In case of indemnity contract, indemnifies has the interest in earning commission and premium. |
1. In a guarantee, the debt is guaranteed as to payment.
2. In case of guarantor he has no any other interest except guarantee. |
The Right of Claim :-
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1. The indemnifier cannot sue the third party.
2. He may have the right of action against the person on whose account his liability arises. |
1. Guarantor is entitled to proceed against the principal debtor in his own name. If he has paid the debt.
2. In a contract of guarantee, the right of subrogation arises. However it is similar to that of indemnity. |
The Performance of Contract :-
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Contract of indemnity depends upon the possibility of risk or loss.
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In case of guarantee there is an existing debt or duty performance about which guarantee is given.
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Administrative Law: Meaning, scope and significance, Dicey on Administrative law, Delegated legislation, Administrative Tribunals
Administrative law is the body of law that governs the activities of administrative agencies of the government which comprise of rule making or legislation(when delegated to them by the Legislature as and when the need be),adjudication(to pronounce decisions while giving judgements on certain matters),implementation/enforcement of public policy.
SCOPE:
Administrative law determines the organization, powers and duties of administrative authorities. The emphasis of Administrative Law is on procedures for formal adjudication based on the principles of Natural Justice and for rule making.Indemnity and guarantee (contracts-II,Unit-1)
Meaning of Indemnity
A
contract of indemnity is a contract by which one party promises to save the
other party from loss caused to him by the conduct of the promisor himself, or
by the conduct of any other person (Section 124).
For example, A contracts to
indemnify B against the consequence of any proceedings which C may take against
B in respect of a certain sum of 300 rupees. This is a contract of indemnity.
The contract of indemnity may be express or implied, and the later may be
inferred from the circumstances of a particular case, e.g., an act done by A at
the request of B. If A incurs any expenses, he can recover the same from B.
The
person who promises to indemnify or make good the loss is called the
indemnifier and the person whose loss is made good is called the indemnified or
the indemnity holder. A contract of insurance: is an example' of a contract of
indemnity according to English Law. In consideration of premium the insurer
promises to make good and loss suffered by the assured 00 account of the
destruction by fire of his property insured against fire.
Under
the Indian Contract Act, the contract of indemnity is restricted to such cases
only where the loss, promised to be reimbursed, is caused by the conduct of the
promisor or of any other person. The loss caused by events or accidents which
do not depend on the conduct of any person, it seems, cannot be, sought to be
reimbursed under a contract of indemnity,
Rights
of Indemnity Holder when Sued
Under
Section 125, the promisee, in a contract of indemnity, acting within the
, scope of
his authority, is entitled to recover from the promisor
(1) all
damages which he may be compelled to pay in any suit in respect of any matter to which the promise to
indemnity applies;
(2) all
costs which he
CONTRACT OF INDEMNITY ,GUARANTEE &
Video:-
Unit 6 : Negotiable Instruments Act, 1881:-
PPT:-
indemnity-and-guarantee (power point Presentation (click here)
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