Law of Contract:
1. Law of Contract is a very old subject, know to the human beings.
2. In law of contract, injured party has right only for liquidated damages, i.e., pre-settled or actual damages.
3. A breach of contract is an infringement of a right in personam, i.e., a right available only against some determinate person or body and in which the community at large has no concern.
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ADVERTISEMENTS:
4. A contract is concluded between two persons known to each other, or at least concerned with one to other.
5. The aggrieved party has to incur huge money, and wait for long time for legal remedy.
6. No separate courts are established for the settlement of disputes under the law of contract. The aggrieved party shall have to approach the civil or criminal courts depending upon the nature of the suit.
ADVERTISEMENTS:
7. Exemplary or vindictive damages are not awarded in the breach of contract, except in an action for breach of promise of marriage.
8. No compensation is paid in cases of contracts induced by fraud, misrepresentation, mistake, coercion or undue influence.
9.The law of contracts is a separate branch of law. But it is connected with the laws of movable and immovable property laws. It is also connected with the consumer laws.
10.Arbitration Clause inserted in the contract oust the jurisdiction of the civil Court. The parties shall have to decide their disputes within the provisions of the Arbitration and Conciliation Act, 1986.
Consumer Protection Act, 1986:
ADVERTISEMENTS:
1. Consumer Justice is a very fresh branch of law, came into existence just twenty years ago.
2. Under this law, the aggrieved consumer has the right to a new article in place of the defective goods or actual cost or actual damages, and in exceptional cases, he is also awarded damages also.
3. Generally in consumer justice also, supplying the defective goods or services is an infringement of a right in personam, causing loss or injury to the particular consumer. In principle, the community at large has no concern. However, the consumer awareness and tendency lead to the feelings that the injury caused to one consumer by a particular kind of goods may lead to others and thus it is very harmful to entire community.
4. Supplying goods or rendering services is also one kind of the contract. However, in most cases, the seller does not know the consumers. No written agreements or contracts are concluded. By way of invoices/bills are goods or services are sold.
5. Aggrieved consumer can get the redressal in a simple, inexpensive and speed manner.
6. Separate consumer disputes redressal agencies are established for the settlement of the consumer disputes.
7. In most of the cases, the liquidated damanges are awarded. In some exceptional cases, exemplary or vindictive damages may also be awarded.
8. Compensation or actual damages shall be awarded to the consumers, in cases of contracts induced by fraud, misrepresentation, mistake, coercion or undue influence. These are specifically terms as “Restrictive Trade Practices” and “Unfair Trade Practices”. The Consumer Protection Act, 1986 specifically gives protection to the consumers from such practices.
9. The Consumer Protection Act, 1986 shall be in addition to and not in derogation of the provisions of any other law for the time being in force. It does not override the provisions of the Law of Contracts.
10. Arbitration Clause does not oust the jurisdiction of the Act.