1.

Answer: Dispute is the conflict of one person or a company with another person or an
organization. Dispute refers to the difference of opinion or conflict that needs to arrive at
a mutual agreement or it needs to be legally resolved. Resolving disputes mutually
creates understanding among the involved parties in dispute, increases team work, as
members develop stronger bonds. Organisational conflicts often occur due to lack of
resources, limited promotion opportunities, need for power and authority, difference in
their intelligence and qualification.

Alternate Dispute Resolution Techniques have some advantages. The legal processes
can take years before arriving at a final conclusion. However, an alternate dispute
resolution technique can interfere in between the litigation process to arrive at a solution
that benefits both the conflicting parties. The conflicting parties can schedule ADR at
any time without waiting for a hearing date or a court schedule.

This speeds up the conflict resolution process and also provides flexibility. Court cases
and judgment are usually public record. However, the ADR process is kept confidential.
The conflicting parties involved use the ADR process to maintain their relations, whether
the dispute is between an employer and employee, a couple or between business
partners.

The following are some of the alternate dispute resolutions

1. Conciliation: This is also an alternative dispute resolution method where the parties
to a dispute use a conciliator. First, the conciliator meets each of the disputing party
privately; then all three meet together to resolve their conflict. The meeting is held
privately to ensure that the information shared on the conflicting matter is kept
confidential. This method saves time and money.

2. Mediation: This ADR technique involves a mediator who conducts the resolution
process. The mediator puts forth a dispute resolution known as the ‘mediator’s
proposal’. The mediator cannot impose a legal resolution on any of the conflicting
parties. The mediator is involved to conduct the meetings between the conflicting
parties. Since mediation is not a legal process; if any of the parties are not satisfied with
the process, they can approach a court of justice to arrive at a decision/conclusion. The
main job of the mediator is to help both the parties arrive at a mutual agreement. A
third-party representative can mediate between unions and organisations. For instance,
if the labor union goes on a strike, a mediator (in some cases the government) tries to
settle the conflict. However, the final decision is taken through the actual facts
presented in the meetings.
3. Arbitration: In case of a conflict, anyone party may decide to opt for the arbitration
process. An arbitration notice is sent to the other party for putting into effect the
arbitration process. A third-party/person called as the ‘arbitrator’ intervenes the legal
process. The conflicting parties decide in advance regarding the choice of arbitrator and
legally certify that they will accept the decision made by arbitrator. The arbitrator
reviews the case presented by both the conflicting parties. The arbitrator then imposes
a decision which is legally binding for both the conflicting sides. Arbitration offers a
faster dispute resolution when compared to a judicial system. It also reduces the costs
of legal expenses and the time consumed through other modes. Hence, we can say that
arbitration is also legal form of dispute resolution but outside the court.

Conclusion: Difference between the three methods of ADR.

In arbitration, a third party is called as an arbitrator. However, in mediation, a
mediator, who is a third party suggests a dispute resolution through the
‘mediator’s proposal’. In Conciliation, the person who resolves the matter is
known as a conciliator.

● Application: In the arbitration technique, both the parties have to agree on the
arbitrator’s decision. However, in case of Mediation, a mutual agreement is
needed from both the parties, only then the dispute is said to be resolved.
However, a conciliator do not have the power to enforce his decision

● Process: In case of arbitration, the Arbitrator takes his decision based on the
facts, side stories and evidence of the case. This decision may not be favourable
to any of the parties. However, in mediation, the mediator can select any suitable
method to resolve the dispute as there are no strict legal guidelines to follow.
Moreover, in case of conciliation the conciliator is bound to follow the legal
process given under the Arbitration and Conciliation Act.

● Judgment: An arbitrator is a private judge selected by both the parties outside

the court and gives a judgement which is legally binding on the conflicting
parties. In mediation, a mediator is a facilitator who assists in conducting
meetings between the parties to arrive at a mutual agreement which is
favourable for both the parties, and the mediator doesn’t deliver any judgement.
However, in the case of conciliation, the role of a conciliator is more than that of a
mediator as a conciliator is considered has a pro-active role and is not merely a
facilitator.
Answer 2.
Introduction: Consumers spend their hard-earned money to fulfil their needs. In order
to protect the consumers from being exploited through unethical trade practices,
government implemented the Consumer Protection Act in 1986.

There are six consumer rights under the Consumer Protection Act, 1986.

1. Right to Safety: Under the Consumer Protection Act, 1986, the right to safety
provides protection to consumers against any goods and services that are ‘hazardous to
life and property’. This right involves products like pharmaceuticals, medicines food
products and automobiles in particular. Under the right to safety, all the products which
are critical or harmful to life and property have to be carefully tested and validated
before being marketed or sold to customers.

2. Right to Information: This right specifies the right of consumers to seek information
about the quality, quantity, potency, purity, price, other information of the goods being
sold and services being provided. Customers have the right to access other specific
information about the product or service they wish to consume or enjoy.

3. Right to Choose: The consumer has a legal right to choose between different
products at competitive prices. Hence, a competitive market should be established
where many sellers sell similar products. This ensures that consumer can actually
choose the kind of products and services to purchase, the price to pay and in what
quantity to purchase. This is to avoid monopoly from stepping in the market.

4. Right to seek redressal: If a consumer feels exploited or cheated, he/she has the right
to lodge a complaint and seek justice through a consumer court. A consumer court is a
forum where consumers can voice their grievances to be heard, and this forum provides
justice to consumers that have been cheated or exploited in terms of poor product,
services and information related to them.

5. Right to be heard: This right details that the consumer gets heard in consumer courts
or redressal forums. Basically, when a consumer feels exploited, he/she has the right to
approach a consumer court to voice his grievances and seek redressal. The right to be
heard gives him/her due respect that his/her complaint will be heard by the court.

6. Right to Consumer Education: All consumers should be aware of their legal rights
and have access to all the relevant information while making a purchase or service
decision. Such information helps them to decide what to purchase, how much to purchase
and at what price. Many consumers in India are not aware that they are protected by the
Consumer Protection Act.
Consumer Forums: Consumer forums or consumer protection councils are organizations
formed to represent consumer interests. These forums guide consumers in the process of
filing complaints in order to seek justice when they are cheated or exploited. These forums
also help to spread awareness regarding consumer protection. The cases are actually
presented and heard in consumer courts.

It follows a three-tier quasi-judicial system. District courts deal with consumer claims up to
20 lakhs. A state-level court resolves claims between Rs. 20 lakhs to Rs. 1 Cr. while a
national consumer court deals with claims that exceed the monetary value of Rs. 1 Cr.

Instances where the consumer courts in India granted compensation due to

medical negligence. 1. Rs. 30 lakh penalty was imposed by the Delhi State
Consumer Commission for medical negligence by a private hospital.

The Delhi State Consumer Redressal Forum has imposed a Rs. 30 lakh fine on a
private hospital for its carelessness in a case where a woman was left with a needle in
her uterus after delivery. According to the complaint filed, Rubina was admitted to the
hospital on September 15, 2009 for delivery and she gave birth to a girl child. The
complainant alleged that while conducting the delivery, the doctors, without knowledge
left a needle in her uterus. Due to this, she was bleeding profusely due to pain.
However, the doctors didn’t pay any heed to her problem. Also, when the woman went
an ultrasound in 2009, it was seen that her uterus had retroflexed and she would never
be able to conceive a child again. She then lodged a complaint with the police and
consumer forum against the hospital authorities. The hospital, initially denied
negligence, and later admitted that they unknowingly left the needle in the woman's
uterus.

Negligence by authorities of Max Hospital

The Delhi state consumer commission had ordered the Max Hospital in Delhi's
Pitampura area to pay a penalty Rs 30 lakh to a 10-year-old boy and his parents for
negligence during the time of delivery which led to permanent abnormality in the child's
left arm. The consumer commission provided a compensation of Rs 20 lakh to Sonepat-
based Ritesh Kumar Garg, Aarti Garg and their son Kush Garg for the mental pain and
caused to them.

Apart from this, it also ordered the hospital to pay Rs five lakh to the mother as
incidental expenses incurred from the time she was admitted for delivery till the child's
check-up at a hospital in Mumbai and another Rs five lakh to them as a legal cost.

It stated that proper and due care was not taken while conducting the woman's delivery
leading to shoulder dystocia (when baby's head passes through the birth canal and their
shoulders become stuck during labour) which resulted in permanent disability.
The parents had approached the consumer commission and alleged medical
negligence by the hospital during delivery, damaging the neuro-motor functioning of the
child's left arm.

The child was born at the hospital on June 5, 2007, and the doctors claimed that
everything was all right. However, soon after the birth, abnormality was discovered in
the child's left arm due to crude and violent pulling of baby. The parents consulted
various other doctors; however the damage could not be rectified and the child did not
show any improvement, the complaint said.

Conclusion: Hence, we can conclude that consumers, when cheated or exploited or

misguided can seek redressal from the consumer court. They have all the right to
safety, information, choice, voice their grievances and seek justice.
Answer 3.

(3a) Indian Contract Act governs the entering of a contract, execution of a contract. The
contract act puts into practice the essentials of a contract, and the legal consequences
and penalties of breaking a contract. A person can freely enter into a contract on any
terms, provided the other party agrees on the terms and conditions. The contracting
parties themselves decide the rights and duties of parties, terms and conditions of
entering and executing a contract. In case of non-execution/ non-fulfilment of the
duties/terms mentioned in the contract, the court of law enforces agreement.

Under Section 10, consideration is an important element of a valid contract. It is the

price paid to buy the promise of the other party in mutual agreement.
A contract can also be termed as an exchange between two parties, each receiving”
some” value or benefit. This is known as consideration. The general rule specifies that
an agreement without consideration is null and void. However, there are certain
exceptions to this rule, when consideration is not necessary. Under section 25, an
agreement without consideration is enforceable.

If an agreement is in writing and registered between two parties who have good/close
relation (like blood relatives or spouse), since this relation is based on love or affection,
then such an agreement is enforceable even without consideration under section 25.

However, for the contract to fall under the exception, the following essentials
have to be fulfilled;
(1) The parties to the agreement must have some relationship with each other, either
blood relations or relation through marriage.
(2) The promise should be made by one party to another out of natural love and
affection.
(3) The promise should be in writing
(4) The agreement has to be registered.

(3b) In this above case, Ria gifts all her properties to Mia out of pure love and affection
and Mia, being her sister looks after Ria since she had met with an accident. In this
scenario, if the gift was registered, it is said to be a valid contract under Indian contract
act, which is legally binding on both the sisters.

However, after sometime there was a dispute between the sisters, and Ria wanted all
her properties back. Hence, it is clear that the essential of love and affection clause
between both the sisters is missing. Hence, Ria has all the right to take back her
properties as they legally belong to her.
Breach of Contract is the breaking the contractual obligation which was agreed on by
both the parties in the legally enforced contract. It happens when one party to the
contract fails to fulfill his obligation and he has no excuse under law for defaulting is
obligations. The non- performance or defaulting occurred due his own negligence,
preventing him from meeting the obligation required by him.

Here, it is clear that there was a breach of contract as Ria asked all the property back
which legally belongs to her, and Mia refused to do so. Now, since the contract is not
available, Mia wishes to claim the reimbursement of all the medical expenses made by
her. When a legal obligation is broken and the contract is breached, the party who
suffers the breach of contract is entitled to receive, compensation for any loss or
damage caused to him from the party who has broken the contract.

Conclusion: Hence, we can conclude that Mia can definitely claim the expenses
undertaken by her for medical treatment of Ria. She paid her medical expenses when
they were in good terms but later on due to their fall-off this, Ria shifted to another place
and also demanded her gifted property back. Yes, she can do so as the property
belongs to her. However, Mia can demand the reimbursement of the medical expenses
made by her on the treatment of Ria as she had met with an accident.