Bikash Ranjan Shial

Roll 15092

1.

The IT firms should carefully go through the agreement before entering into a valid contract. The

contract must act according to the law of land. All the agreements should be clearly studied

since every contract is an agreement but not vice versa. So terms in the agreement shall be

stated clearly to have a valid contract.

Before entering into the contract, firms should be aware of the companies act. The agreement

details such as the tenure of the contract, extension norms, and deadlines should be clearly

stated to avoid any discrepancies in case of contract being void. The contract should mention

about the quantum merit which would provide the firms to claim for the services rendered by

them. The details regarding the breach of contract and the respective repercussions should be

stated clearly. The terms of ending a contract should be clearly stated.

The Intellectual property rights such as patents, copyrights, designs, trademarks and licenses

should be protected and ownership of these rights should be mentioned. Without these rights,

there is a threat of other competitors to misuse these creative innovations thereby causing

monetary and market loss. If the agreement involves any guarantee or indemnity the clauses of

the indemnity like unconditional guarantee shall be stated clearly so as to avoid situations like in

the case of Ansal Engg vs Tehri Hydro. The business assets such as patents, software’s,

hardware’s etc. should be included in the contract to transfer the ownership rights after the

termination of the contract.

The type of company and the characteristics of the company should be checked to avoid certain

issues since an unlimited company does not have any limit on the liability of its members, who

are liable in the event of its being wound up compared to a company limited by guarantee and

shares.

These important issues should be addressed in the agreement to avoid any void in the contract.

2.

Consumer rights are the rights provided by the consumer protection law to the consumers to

protect him/her from being cheated. Consumer courts are free to approach compared to other

courts which acts towards the interest of the consumers. A consumer can approach the

consumer court in the case of defect in relation to any goods, deficiency in relation to any

services received. The consumer courts follow territorial and pecuniary judiciary.

Though the consumer is provided such protection the consumers are expected to be vigilant

towards the purchase of any goods and services. The phrase Caveat Emptor which means let

the buyer beware suggests the consumers to do a due diligence before purchasing any goods

and services which was reflected in the case of Jose Philip Vs Premier Automobiles. Though

the consumer was aware of the paint issue he took the possession of the car, transferring the

ownership rights to Jose Philip. Though the decision was in favor of him, he needed to suffer

mental agony throughout the process. Had he done due diligence and not possessed the car he

would have got another car. The consumer needs to use the right properly without misusing it.

The seller from their end need to deliver the goods and services as promised to the customers.

They need to compensate if they fail to deliver or deficient in providing goods and services. The

case of Punjab university vs. UTI the respondent, UTI argued with the point that Punjab

University not a consumer since it was a case of commercial purpose. The Sellers need to be

aware of the consumer rights and act according to it.

To have a balance a consumer must be vigilant during the course of purchase and the seller or

service provider shall act on the duty that he promised.