Browsing Cases and Notes by Author "Pathak, Akhileshwar"
Now showing items 21-38 of 38
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Ousting Conditions and Warranties (Buyer's Rights): The Mercini Lady Case
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2018-03-14)The Mercini Lady Case is a modern statement of the law on the rights of the buyer in a sale contract. The seller has to supply goods in conformity with description, of merchantable quality and fit for the stated use. These ... -
Overlap of Termination Terms and General Principles of Contracts: The Toba Trading Case
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-02-21)A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till getting control over the goods. Claiming this to be a breach, the seller terminates the contract and claims ... -
Overlap of Termination Terms and General Principles of Contracts: The Toba Trading Case: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-02-21) -
Ownership Retention Terms in Sale Contracts Gone Astray: PST Energy 7 Shipping v.O.w. Bunker Malta Limited
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-02-21)Title retention clause was introduced in sale of goods contracts to prevent the transfer of ownership till the seller was fully paid. Exigencies of businesses have led to introduction of further clauses allowing the buyer ... -
Ownership Retention Terms in Sale Contracts Gone Astray: PST Energy 7 Shipping v.O.w. Bunker Malta Limited: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-02-21) -
Sale, Scope of 'Goods' and Taxation
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-03-29)Is software, music and film stored on CDs or downloaded from the internet goods? The question is important for the consumer rights and application of sales tax. Property first emerged as tangible things. This could be ... -
Sanctity of Oral Agreements: MWB Business Exchange Centres Ltd v Rock Advertising Ltd
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-03-27)The founding principle of contracts is the freedom of the parties. The parties are free to choose their terms and follow any modality of communication, oral or written. As they can freely make a contract, they can freely ... -
Sanctity of Oral Agreements: MWB Business Exchange Centres Ltd v Rock Advertising Ltd: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-03-27) -
Self Service Retail Stores: When is a Contract Made?
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-03-29)In a self-service store, the customer goes from shelf to shelf, selecting and putting items in a basket. He comes to a check-out counter to pay and take the goods away. A sale contract is formed in the course of he coming ... -
State and the Fundamental Rights
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-07-12)The Constitution of India constitutes India as a Union of States. Having given all the governing powers to the combine of the legislature and executive, it carves out certain basic rights for the individual against the ... -
The Suraj Lamp Case: Real Estate Markets
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-07-12)Sale of real estate property requires registration of sale documents which prevents fraud of the same property being sold to multiple buyers. However, a means to avoid registration was devised and put to use in certain ... -
The Suraj Lamp Case: Real Estate Markets: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-07-28) -
Termination by Mistake, Contract Terms and Damages: Bunge SA v Nidera BV
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2018-12-18)Business contracts are done on General Conditions of Contracts (GCC). The GCCs have detailed terms to displace general principles of contract law and bring certainty in commercial dealings. Bunge SA v Nidera BV, is a ... -
Termination by Mistake, Contract Terms and Damages: Bunge SA v Nidera BV: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2018-12-18) -
The Two Sides of the Title Retention Clauses: The Caterpillar Case
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-02-12)Contracts term of commercial sale of goods have a ‘title retention clause’, preventing the transfer of ownership till the seller is fully paid. The unpaid seller gets the right to repossess the goods from the buyer. ... -
The Two Sides of the Title Retention Clauses: The Caterpillar Case: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2019-02-12) -
Zee Films and the BCCI: The Award of Broadcasting Rights
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-12-04)The case discusses the issues related to Zee Tele Films Limited’s claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article ... -
Zee Films and the BCCI: The Award of Broadcasting Rights: A Teaching Note
Pathak, Akhileshwar (Indian Institute of Management Ahmedabad, 2017-12-04)