PPE

AR 6903
PAVITHRAA . G I 311716251056 I ASSIGNMENT

- UNIT 4 - 2 MARK QUESTIONS -

Q/A.

1. What is easement?

ANS:

● An easement is a certain right to use

the real property of another without
possessing it. It is "best typified in the
right of way which one landowner A,
may enjoy over the land of another B.
● Easements are helpful for providing
pathways across two or more pieces of
property or allowing an individual to fish
in a privately owned pond. An
easement is considered as a property
right in itself at common law and is still
treated as a type of property in most
jurisdictions.
● The rights of an easement holder vary
substantially among jurisdictions. Historically, the common law courts would enforce only
four types of easement:
○ Right-of-way (easements of way)
○ Easements of support (pertaining to excavations)

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 ○ Easements of "light and air"
○ Rights pertaining to artificial waterways
● Many properties have easements, often laid out when the subdivision was created. These
easements may be for public utility or power lines, phone lines, water pipes, sewers
pipes, gas lines and often cable TV. There are three common types of easements.

2. Define easements rights

ANS:

● The rights of an easement holder vary substantially among jurisdictions. Historically, the
common law courts would enforce only four types of easement:
○ Right-of-way (easements of way)
○ Easements of support (pertaining to excavations)
○ Easements of "light and air"
○ Rights pertaining to artificial waterways
● Many properties have easements, often laid out when the subdivision was created. These
easements may be for public utility or power lines, phone lines, water pipes, sewers
pipes, gas lines and often cable TV. There are three common types of easements.

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 3. What are the various easement rights?

ANS:

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 4. What are the qualifications of an arbitrator?

ANS:

● The Indian law does not lay down any specific qualifications for arbitrators.
● Every person who is of age and of sound mind can be appointed as an arbitrator
● To be an arbitrator, no formal qualification has been prescribed in the act. Even nationality
is also no bar.
● Parties have been given full authority to determine the qualification of the arbitrator.

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 ● Section 11 (1) of the act says that a person of any nationality may be an arbitrator, unless
otherwise agreed by the parties. It is the parties who have to determine the qualification
of the arbitrator keeping in mind the nature of the dispute(s)/difference(s) that has arisen
or may arise between them.
● Parties may agree upon the qualification at the very initial stage when they enter into an
arbitration contract/clause or after dispute(s)/difference(s) arise if earlier has not been
agreed.
● It will be beneficial for the parties themselves to determine the qualification otherwise the
decision of the arbitrator i.e. arbitral award may be set aside where the adjudication of
such dispute(s) / difference(s) requires a person having a technical knowledge.

5. What is arbitration?/ Define arbitration/ What do you mean by arbitration

ANS:

6. Who selects an arbitrator and who appoints an arbitrator?

ANS:

AN ARBITRATOR reviews testimony and evidence presented by the disputed parties at a

hearing and resolves the dispute by issuing a decision that may include an award of
money.

APPOINTMENT OF ARBITRATOR

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 ● Any person can be appointed as an arbitrator.
● Generally impartial and independent persons .
● Parties are free to determine the number of arbitrators
● Number shall not be an even number.
● CAs, engineers, retired judges, advocates and other professionals are preferred.
● The arbitrator shall disclose in writing to the parties anything that may give rise to
justifiable doubts about his independence or impartiality.

7. Write a short note on the role of an umpire.

ANS:

● The role of an umpire is usually dictated by the arbitration rules and the need for one is
often precluded by simply providing for an uneven number of arbitrators.
● For a time, but rarely in modern times, arbitration would be set up as two arbitrators and
an umpire, the umpire taking no action except where the arbitrators disagreed.
● There are many forms of authority of an umpire but they are generally given the authority
to step in and independently rule on an issue upon which the arbitrators are deadlocked.

8. Who is an umpire in the arbitration process?

ANS:

● The parties are free to agree what are to be and, in particular

○ (a) whether the umpire is to attend the functions of an umpire the arbitral
proceedings; and
○ (b) when, and the extent to which, the umpire is to replace the arbitrators
as the arbitral tribunal with the power to make orders, directions and
awards.
● If or to the extent that there is no such agreement of the parties, the arbitrators
are free to agree on the functions of the umpire.
● Subsections (4) to (11) apply subject to any agreement of the parties or the
arbitrators.
● After an umpire is appointed, the umpire must attend the arbitral proceedings.

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 ● The umpire must be supplied with the same documents and other materials as are
supplied to the arbitrators.

9. Brief about the consumer protection act.

ANS:

10. What do you understand by the term copyright?

ANS:

Copyright is a form of protection that covers the field of creative work both fiction and
non-fiction. Any authorship or original work like literary, musical, pictorial graphic or
artistic are included in copyright protection. The 1976 Copyright act does not permit
anyone to reproduce the original or derivative works except owners of authorship.
According to this law, only original authors who are holding the copyright are eligible to
reproduce their own work. Moreover, only copyright holders have the right to distribute
the copies of their intellectual work. Publicity of the copyright work is also the right of only
the original author. Copyright protection is limited only to forms of expression, not for
subject matter of writing.

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 11. Differentiate copyright and patent

ANS:
● Copyright covers the works of authorship like literary, musical and dramatic work. On the
other hand, patents protect those inventions that are new and useful.
● Copyrights are arts based while parents are science-based protections.
● To apply for copyright , authorship must be original and real medium. The requirements
for patents are new, useful and non-obvious.
● As the authorship work is created, protection from copyright begins. While, patent
protection is not applicable, until the patent is properly issued.
● Copyright is issued to the author until his/her life plus 50-70 years, depends upon country
law. On the other side, patent protection time is different in different countries. Normally,
a patent provides protection for 10-20 years from the date of application.
● A copyright is almost free and paperwork is not very complicated. On the contrary,
applying for a patent is much more difficult. The reason is that the checking process of
invention is so lengthy and costly.

12. What is the consumer protection act?

ANS:

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