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example of each.
Ans)
An agreement can be defined as an acceptance of an offer given by one party to another.
Every promise and set of promises that form any type of consideration for all the parties
involved is called an agreement. Here, promise refers to the acceptance of an offer or
proposal. The agreement comes into existence when an individual or an entity makes an
offer or proposal to a second individual or entity, and the latter accepts that offer with all
the required conditions.
Agreement = Offer + Acceptance
Example: A offers to sell his Car to B for ₹ 2,00,000. So, when B accepts the offer, it
becomes an agreement.
A Contract can be defined as an agreement that is enforced by law involving at least two
parties, as such one party is entitled with some right and the other with some obligation.
An agreement is said to be a contract when it is abided by the law. It means that legal
obligations must be led by a contract.
Contract = Agreement (Offer + Acceptance) + Enforceable by Law
Example: A multiplex sells a ticket on 1st January 2022 to A for a movie show. The
Multiplex is under an obligation to organize a movie show on the given date. In case, the
Multiplex fails to fulfil its promise, A can take legal action against the multiplex owners.
Thus, A has a right against the Multiplex, and a corresponding duty is imposed on the
Multiplex.
Ans)
The six essential elements of a legally valid contract are as follows (Write any six)
a) All agreements are contracts if the if they are made with the free consent of the parties
competent to contract, object of contract is lawful, for a lawful consideration and are not
declared void. All legal requirements like contract in writing, registration of documents and
signature of witnesses needs to be complied with.
b) Competent to contract means the person(s) of legal maturity, of sound mind and is not
disqualified by any law.
c) Sound mind means the person capable of understanding the contract and can form rational
judgments about its effect on his interests.
d) Consent by two or more persons means that they agree upon something with the same
understanding on all its aspects.
e) Free consent happens when it is free of any coercion, undue influence, fraud,
misrepresentation, or mistake.
f) Coercion is committing any unlawful act forbidden by Indian penal laws.
g) Undue influence (in entering a contract) happens when one of the parties hold such powers
as to dominate the decision of the other by apparent authority or the
other party is of weal disposition.
h) Fraud means suggesting something is true when it is not, concealing facts, making
promises with no intention of doing it or by doing anything fraudulent.
i) Misrepresentation means positively asserting something as true when it is not, breach of
duty to gain some advantage and causing someone to make a mistake.
j) An agreement arrived at by coercion is voidable; same is the case for fraud and
misrepresentation.
k) The agreement is also voidable if both the parties make mistake in understanding
substance of the agreement.
l) Lawful object of any agreement means that the object is not specifically forbidden in law.
(Example: agreement to supply prohibited drugs or make forbidden weapons)
Q4) Explain the statement: All contracts are agreements but all agreements are
not contracts.
Ans)
An agreement enforceable by law is a contract. It means those agreements are enforceable by
law they are contracts others not. For example, an agreement to sell a bike may be a contract,
but an agreement to go to the movie may be a mere agreement not enforceable by law. To go
to a movie is a social agreement and social agreements are not enforceable by law.
Q8) List the steps involved in EIA of a project and explain what happens in
each step.
Ans)
EIA Process: The EIA process involves four steps:
• Screening
• Scoping
• Public Consultation
• Appraisal and Reporting
1. Screening: Screening is the process of initial scrutiny to decide upon whether
a full EIA report is required for the project. Scrutiny is thus required only for
category B projects. (Category A projects will mandatorily require EC report)
Based on guidelines issued by the MOEF the project proposal is studies and the
project is categorised as B1 or B2. In the case of B1 category projects, EIA is
required and in the case of category B2 projects no EIA is required. The
screening is thus limited to projects studied at state level only or falling under
the purview of SEIAA.
2. Scoping: Scoping is the process of developing Terms of Reference for the
appraisal Committee for EIA. The terms of reference will be developed to study
all the environmental issues relevant to the project.
3. Public Consultation: This can be done through local area consultation with
people affected by the project. The pollution control Boards can also invite
written response if deemed necessary.
4. Appraisal and Reporting: The expert advisory Committee, based on the terms
of reference, different data provided by the applicant and consultation with the
public and the different studies conducted by it will submit an appraisal report
to the MOEF or the SEIAA as the case may be. The environmental clearance
for the project may be given or the application for EC rejected depending upon
the report.
Q10) Write briefly about different types of pollutions and the factors causing
them.
Ans)
Pollution is the contamination of the three elements—air, land, and water—of the biosphere.
This leads to many diseases of the life forms in the biosphere.
1. Air Pollution
Air pollution is due to the increased presence of solid particles, harmful liquids, and gases in
the air.
The major causes of air pollution in the megacities and urban sprawls
are as follows:
• Burning of fossil fuels in automobiles, cooking and heating devices, power stations using
coal
and many industries
• Extensive mining operations to extract coal and other minerals
• Wastes from nuclear fuels, biofuels, etc.
• Construction activities
• Decaying organic matter
• In war zones due to explosion of bombs and gunfire
• Natural disasters
2. Land Pollution
A major concern with land is the reduction in area of forest land, which is the habitat of a
wide variety of animals, birds, and insects, in addition to plants.
Land pollution is mainly due to intensive agricultural practices using chemical fertilizers and
pesticides. These pesticides damage the land and destroy the ecosystem thriving there. Land
pollution is also caused by excessive dumping of domestic and industrial waste in dumping
grounds. As more and more wastes is generated, more land is acquired for dumping. Mining
and other activities also damage the land.
3. Water Pollution
Water bodies form the lifeline of many communities in India. Ground water is also
extensively used by communities for various purposes. Many studies have indicated that most
of the small water bodies are severely polluted by the residue pesticides washed away from
land. They are not potable and cannot even be used for other purposes. There are many cases
of fluorosis in many communities due to the presence of high levels of fluoride. Fluorosis is
present in large quantities in deep borewell water.
Water also gets contaminated by industrial waste being discharged without treatment, and
leakage of sewage water into water bodies. Arsenic poisoning and metal contaminants have
been found in many water bodies.
4. Noise Pollution
A rather recent phenomenon in our country is noise pollution. This has become a serious
issue for many people.
All our celebrations have become just din and decibels. In religious festivals, marriages, and
any other kind of celebrations, noise-making is considered the best way to show that you are
doing it well or enjoying it.
Q12) Briefly state the new provisions in the consumer protection Act 2019.
Ans)
The Consumer Protection Act 2019 (CPA 2019) is given in 8 chapters (31 sections) as:
CHAPTER I PRELIMINARY
CHAPTER II CONSUMER PROTECTION COUNCILS
CHAPTER III CENTRAL CONSUMER PROTECTION AUTHORITY
CHAPTER IV CONSUMER DISPUTES REDRESSAL COMMISSION
CHAPTER V MEDIATION
CHAPTER VI PRODUCT LIABILITY
CHAPTER VII OFFENCES AND PENALTIES
CHAPTER VIII MISCELLANEOUS
In 1986, consumers in general used to go to physical stores and purchase goods or services by
paying a price. By 2019, the purchase methods have considerably changed with several E-
commerce platforms having come into existence. In addition, telemarketing and multi-level
marketing became common. The CPA 2019 considers this change also. The Act provides:
• Enhanced protection to consumers from fraudulent or unfair trade practices;
• Covers consumers who purchase from online platforms/telemarketing or multilevel
marketing;
• Makes it easier for consumers to make a complaint against goods or service provider
allowing e-filing of complaints and online fighting of cases by video conferencing