Job is a learning experience

Yes, job helps you to grow as an individual you learn many things in a single medium. You cannot imagined that every field has so many things to experience. You can choose any field as your career. And can experience the depth and use of that thing. Basic are just to clear you with elements but when you perform you realise that there is lot more than we thought in this career. Jobs are not at all bad or making you control by others. You are a decission maker and you are the commander. But we don’t know how to use ourselves as a individual that the reason we could not able to sell ourselves in front of our buyers. Here you are a person who are giving your skills and your boss is taking your skill for his work.

You should know the give and take policy. How your skills are very much powerful and expensive. You do not need to bargain or make yourself down with the small offer. Where your skill just used by others. You have to make yourself that much confident and impactful that everyone will take you on the level you want. Because they know that they need you more than you need them. When you will understand this than you easily get the chance to showcase yourself in a better way. It’s not about money but you should know your value at what stage you are. For a beginner who is not skilled or not have any experience than you might get less money or even you are unpaid. But one thing you will definitely get that is experience and learning. Even you are doing for free but you gain alot as a person.

So value yourself. When you will value your abilities other will definitely impressed with you and will gave a require amount for your skills. You should not see jobs as a burden or you are not getting any output from it. If you think so than use yourself there where you can showcase yourself in a better way. Business is not everyone Cup of tea. But job are also not everyone Cup of tea. So your confidence, skills and experience. Gave you that Chance to grow and learn from each and every step you take. And people around you who can actually gave you a great knowledgeable experience in your field and also a lifetime lesson.

Which you grab from the opportunity you get from your work. And even business will not gave you that variation than in job you will become a personality. Where you know how can you showcase. And become a star. It doesn’t matter if you are worker or boss. Your way of talking will easily make others impressed if you have that quality you easily get name fame and success too. Because all we need is recognition. And it doesn’t matter you are small or big all the things are in your hand how to take it too that level. You will get everything if you know how to use it.

INDIAN CONTRACT ACT 1872

INTRODUCTION

What is a contract? According to section 2(h) of the Indian contract, the definition of a contract is as follows- “An agreement enforceable by law is a contract” Now as students of law, we have all heard this statement several times, but what does it imply? We can break it down into two things: first, there should be an agreement in the first place, and second, it should be enforceable by law. Another assertion that can be made from this definition of a contract is the result of an agreement. Since an agreement has to be enforceable by law to be a contract, all agreements are not contracts as they are not enforceable by law. Still, all contracts are agreements as contracts have come into existence as they are enforceable by law, or we could say that the word “contract” itself means that it has been a result of an agreement that was enforceable by law. For example, an agreement to sell a car may be a contract, but an agreement to go out for dinner is just an agreement and not enforceable by law. So we have a simple equation or a formula for a contract – contract = agreement + enforceability at law.

Agreement and enforceability by law

But what is an agreement in the first place? The answer to that is found In section 2(e) of the Act, which defines an agreement as ‘every promise and every set of promises forming the consideration for each other is an agreement’[1] In an agreement there is a consideration from both sides for example A promises to sell his bike to B and B promises to pay a certain sum in return. The promise is the result of offer or proposal by one party to its acceptance by the other. so having discussed what an agreement means Here both are promised something is return, a contract is essentially like a symbiotic or interdependent relation where one cannot exist without the other and they are mutually benefitted by each other[2]. consideration is an essential element of a contract, it is defined in section 2(d); “when at the desire of the promisor, the promise or any other person has done something or abstained from doing, or does or abstains from doing or promises to do or to abstain from doing something, such act or abstinence or promise is called consideration for the promise.”[3] Thus we can say that agreement = offer + consideration + acceptance. Now let us look at enforceability by law. It implies that the consenting parties must be entitled to uphold their contractual rights or seek remedy in case of breach of contract; if the agreement wasn’t necessitated to be enforceable by law, it could have been enforced by illegal means like coercion, extortion, or battery, Now for an agreement to be enforceable it has to meet certain essential conditions which have been defined in section 10 of the Indian contract act in the following words, “All agreements are contracts, which are made by the free consent of the parties, competent to contract, for a lawful consideration and with a lawful object and not expressly declared to be void”,

The conditions are

  1. The agreement, i.e., offer and acceptance
  2. Capacity or competent to contract
  3. Free consent
  4. Lawful object and consideration
  5. Not expressly declared to be void

Offer and acceptance

Offer or proposal and its acceptance is the preliminary and most fundamental step to forming a contract; An offerer has to make an offer to the concerned party where he talks about his willingness to perform something or abstain from doing something to obtain the offeree’s consent. The exact definition of the term offer is given in section 2(a) of the Act- “when a person signifies to another his willingness to do or to abstain from doing something, with a view to obtaining the assent of that other person to such act or abstinence, he is said to propose.” [4]The offer must be communicated in a clear and specific manner, i.e., there shouldn’t be any ambiguity or vagueness in the offer. It may for example, be done by words or by mouth, writing or conduct. This covers not only their acts but also their omissions[5]. It is also essential to distinguish between a offer and an invitation to make an offer, invitation to offer is a  step before the actual offer itself, like advertisements in the newspapers; here, it is not an offer yet; it is up to the seller to accept or not to accept, it can also be drawn from this that offers are of two types, specific and general as the name suggests a particular offer is one which is made to a particular person or party, whereas an available offer is something which is made to the public at large.

Contractual intention

Another critical factor that exists while making an offer is an intention to contract; this means that the two parties entering into a contract must have the legal choice to do so. The intent of the parties is to be naturally ascertained from the terms of the agreement and the surrounding circumstances. To test contractual intention, the courts use an objective method in which they judge the situation based on reasonable prudence or, to put it simply, what a person with good judgment and common sense would have done. Generally, in the case of social agreements, it is understood that the two parties have no intention of entering into a contract, and it is merely s social obligation. On the other hand, the parties almost always have a legal intention to contract in business matters[6].

Acceptance

Acceptance is the step following a proposal; acceptance has been defined in section 2(b) in the following words “when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted”[7]. An accepted proposal becomes a contract. For an acceptance to be valid, it must fulfill certain conditions.

 It must be absolute and unqualified, meaning the offeree has to accept the terms as they are and not change them or come up with a counteroffer, as a counteroffer doesn’t give rise to the contractual binding.

The offeree should make communication of acceptance to the offeror. The offeror has to know whether his offer has been accepted or rejected. However, this is not necessary every time as in certain cases merely acting on the terms of the offer acts as an acceptance to the same. For examples an announcement to pay a reward for finding a dog is an example of this, here the person who decided to act on the offer and find the dog doesn’t have to communicate to the offeror his acceptance explicitly. Acceptance should be made in the manner the offeror prescribes, and if it remains unspecified, it must be made reasonably. Approval must also be made within the stipulated time frame or in reasonable time, it also draws from common sense that acceptance of the offer should be communicated before the bid is revoked, as once the offer is withdrawn, the approval becomes nullified.

Consideration

We have looked at how consideration is defined in section 2(d) of the Indian contract act earlier but let us dissect it further. The first sentence of this definition gives rise to a key element of consideration: it is done at the desire of the promisor.  As established earlier, consideration is like an interdependent relationship, where there is something in return for both parties, so here it moves at the desire of the promisor. For example, if A says to B; I will pay you ₹500 for this t-shirt, so in this case, the consideration for A was the shirt. Since the promisor is making the offer, he will decide what he wants in return; if B had given him a pair of socks in this scenario, the proposal wouldn’t stand since that is not what A or the promisor wanted.

The second element is that consideration can come from the promise or any other person. An excellent example of this is when we shop online from sites like Amazon and Flipkart. A buys a Samsung phone from Amazon, but the phone delivered to him is not by Amazon itself but through the third party seller here, Samsung. This element was laid down in the landmark judgment of Chinnaya vs. Ramaya.[8] It was held that although the plaintiff was a stranger to the consideration since he was a party to the contract, he could enforce the promise to the promisor.

Consideration must be real

Some other essential elements are that consideration must be real and not illusionary; for example, a promise to make the sunrise from the west for ₹ one crore is illusionary and not feasible. It need not be adequate; for example, A contracts to sell his car to B for just ₹ 10,000, and B accepts it now. This price is grossly low and disproportionate for a car, but this is a valid consideration as long as the consent of the promisor is freely given.

Consideration can be past, present, or future

Another key aspect is that consideration includes both Act and omission, and it involves past, present and future, making it very vast and all-encompassing.

When the promisor has done or abstained from doing something, this is past consideration. For example, A finds B’s purse and returns it to him. B later promises to give A ₹ 50, here the promisor has done something in the past and later is rewarded for it.

Does or abstain from doing something, the consideration is in the present, and consideration can also be for the future. Consideration must be of some value: it should be quantifiable and actionable. Something which has value in the eyes of the law shouldn’t be immoral or opposed to public policy.

CAPACITY TO CONTRACT

The next element is free consent. The definition of “capacity to contract” is given in section 11and interpreting it can be concluded that there are three categories of people who are not competent to contract.

  1. A person who has not attained the age of majority.
  2. A person of unsound mind.
  3. A person who has been prohibited or disqualified from contracting by some law.[9]

Consent is a crucial element in forming a contract. The parties must freely consent to the agreement, i.e., it must be devoid of coercion, fraud, undue influence, misrepresentation, and mistake.

Lawful object and consideration

The consideration in an agreement is lawful unless

  1. It is forbidden by law
  2. It is of such nature that, if permitted, would defeat the provisions of law
  3. Is fraudulent
  4. Involves or implies injury to the person or property
  5. The court regards it as immoral or opposed to public policy

For example, if A promises to drop a prosecution, he has instituted against B for robber, and B promises to restore the value of the things taken. The agreement is void as the object here is unlawful.

Section 2(h) of the Act make an excellent attempt to define the word contract, to when we go on to fully understand it we see that each word has been comprehensively covered in the other sections of the Act. From agreement to enforceability by law to what constitutes an agreement, Offer and acceptance, free consent, competency to contract, and lawful consideration, all of which is clearly laid out, here every possible scenario is considered for example, what if acceptance is communicated in a manner not specified by the offeror; the solution to that can also be found in the Act itself which says that when an acceptance is communicated to the offeror in the manner not prescribed by them, then the duty is cast on the offeror to reject such acceptance in a reasonable time. And if he fails to do so, the contract becomes binding. This is an example of how holistic and well-drafted the Act is as it considers and provides a solution for every possibility. Another example of this is how silence doesn’t amount to fraud. A sells, by auction, to B, a horse that A knows to be unsound. A says nothing to B about the horses’ unsoundness. This is not fraud; but it does give room to certain circumstances where silence does amount to fraud cases where the promisor must speak, say in the above example, if the promisor and promise had been related B is A’s daughter and has just come of age. Here, the relation between the parties would make it A’s duty to tell B if the horse is unsound. this proves that the various sections of the act are in perfect harmony and cater to everything


[1] Avtar Singh. Law of Contract (a Study of the Contract Act, 1872) and Specific Relief. 12th ed. Lucknow: Eastern Book Co., 2008

[2] Fazaladdin Mandal vs. Panchanan Das, AIR 1957 Cal 92

[3] Avtar Singh. Law of Contract (a Study of the Contract Act, 1872) and Specific Relief. 12th ed. Lucknow: Eastern Book Co., 2008.

[4] Avtar Singh. Law of Contract (a Study of the Contract Act, 1872) and Specific Relief. 12th ed. Lucknow: Eastern Book Co., 2008

[5] Coffee Board v. Commr. of Commercial Taxes, (1988) 3 SCC 263

[6] Rose and Frank Co v JR Crompton & Bros Ltd, [1925] AC 445, [1924] All ER Rep 245, 132 LT 641

[7] Avtar Singh. Law of Contract (a Study of the Contract Act, 1872) and Specific Relief. 12th ed. Lucknow: Eastern Book Co., 2008

[8] L. Chinnayya vs K. Ramanna on 10 March, (1915) ILR 38 Mad 203

[9] Avtar Singh. Law of Contract (a Study of the Contract Act, 1872) and Specific Relief. 12th ed. Lucknow: Eastern Book Co., 2008

Movie theater are open

Yes know you can watch you favourite movie on theatre with your family and friends. But Still we have to follow some norms like Mask and sanitizer are to be there for your safety. You have maintain a distance between each other. And enjoy the day. We see movie in theaters so that we get a chance to eat popcorn and drink cold drink. Because movie is incomplete without all these things. We get a amazing experience to watch movies on a big screen. As television and phone could not provide that experience even we switch off lights and try to make our home as a theatre. But we fail because we could not able to match the screen which a theatre gave us. With all the effects which we cannot see in our home. The quality is more amazing than any other medium.

Not only this we get a outdoor experience and socialize with people and get a chance to see movie with so many people around us. We get a airconditioner or heaters. Which make us more comfortable to watch the movie. The service boy who bring the things to us. We do not have to left our place and can easily watch our movie and order anything we like. We got a interval between the movie so that we can fresh ourselves. That gap help us to do what we want to do before our movie start because when we watch movie we want to see every element of it. We really experience a happy and joy experience. More than movie we discuss movie. What we will happen next and if we know than we want to reveal the suspense.

I personally enjoy movie on theatre because all our expression can be noted when we watching the movie. And others can enjoyed it and make fun. Some are feeling bored so they disturb other. Or they move their chair or move their body and see others and enjoy. Few just chat on mobile with others. Some are recording the movie. And putting story is must and make other jealous or make others excited to watch the movie in theaters. Some can feel sad also because they don’t get a chance to watch on theatre. But they must have seen on their phones or television. The craze of movie has been less because of webseries. But still we miss the big screen which actually stick us till the end of the movie. We have made us edict to phones but few things we only love to watch on theatres. So book your tickets know and enjoy your movie. At first day first show. The craze of seeing movie on same day is more fun and exciting.

Understanding Financial Markets

What are Financial Markets?

Financial markets is a marketplace where buying and selling of securities like stocks, bonds, derivatives, commodities, currencies, etc. occur. These markets may include securities which are listed on an regulated exchanges or are traded Over-The-Counter(OTC). Financial markets basically provide a way for those who have excess money to invest and those who are in need to money to borrow.

Financial markets play an important role in creating liquidity for capitalist economies. Financial markets are transparent as they ensure that the prices set are efficient and appropriate.

Types of Financial Markets

Stock Markets

Stock markets are a place where trading of equities occur. Equity is the value of shares issued by the company. In a stock market, securities are traded via Primary Market and Secondary Market. In Primary Market, securities are issued to investors directly by the issuer. Companies raise capital by an Initial Public Offering(IPO). Primary markets are also known as New Issue Markets.

Secondary markets are where investors buy and sell securities they already own. The secondary market, also called the aftermarket and follow on public offering, is the financial market in which previously issued financial instruments are traded.

The most popular stock exchanges in India are National Stock Exchange(NSE) and Bombay Stock Exchange(BSE).

Bond Markets

The Bond Market is a marketplace where participants can issue new debt, known as primary market and buy and sell debt securities, known as secondary market. A bond is an financial instrument in which an investor loans money for a specific period of time at a pre-determined interest rate. Bonds are issues by  municipalities, states, and sovereign governments to finance projects and operations. Debt securities usually include bonds, but it may include notes, bills, and so for public and private expenditures.

Money Markets

Money Markets involves trading of securities that are highly liquid and are issued for short time period with low interest rates. Money market consists of various financial institutions and dealers, who seek to borrow or loan securities. Examples of securities traded in money markets are treasury bills, commercial papers and certificate of deposits. Money markets are considered a safe place to invest as they have high liquidity.

Money markets are Over-The-Counter(OTC) markets which means that they are not regulated and not structured. Money markets give lesser returns however they offer a variety of products.

Derivatives Market

Derivatives markets are financial markets for derivatives like futures, options, forwards, etc. Derivatives are financial instruments whose value is determined by the value of the financial instruments like bonds, commodities, currencies, interest rates, market indexes, and stocks. The four major types of derivative contracts are options, forwards, futures and swaps. Futures and Options are listed and traded on stock exchanges while forwards and swaps are not.

Forex Market

The forex (foreign exchange) market is a market where people can buy, trade, hedge, and speculate on currency pairs’ exchange rates. Because cash is the most liquid of assets, the Forex market is the most liquid in the world. The currency market conducts more than $5 trillion in daily transactions, which is higher than the combined volume of the futures and stock markets. The forex market, like the OTC markets, is decentralized and is made up of a global network of computers and brokers from all over the world. Banks, commercial companies, central banks, investment management firms, hedge funds, and retail forex brokers and investors make up the forex market.

Commodities Market

Commodities markets are gathering places for producers and consumers to trade physical commodities like maize, livestock, and soybeans, as well as energy goods (oil, gas, and carbon credits), precious metals (gold, silver, and platinum), and “soft” commodities (such as cotton, coffee, and sugar). Spot commodities markets are those where tangible things are exchanged for money.

Cryptocurrency Markets

Cryptocurrencies like Bitcoin and Ethereum, which are decentralised digital assets based on blockchain technology, have been introduced and have grown in popularity over the last few years. Hundreds of cryptocurrency tokens are now accessible and traded on a patchwork of independent online crypto exchanges throughout the world. These exchanges provide traders with digital wallets via which they can exchange one cryptocurrency for another or fiat currencies like dollars or euros.

Life lessons

We have learn lessons from are childhood. But life lessons are never ever taught they can only be learn from your mistakes. Because our life lessons cannot be explained by others. Even if you want to you can’t as it is your own experience. Even you share with others but they will not connect that much with it. As your life lessons are different from each and every person has a journey and way of watching things. so similarly hear also no one can teach us these life lessons you have to learn and follow them when you realise it.

We all have experience these lessons in the day to day life. And also improve them and try to change our ways. But we still get trouble. Because sometimes we take a right decision but sometimes we faile to choose a correct thing for us. Your maturity is also depends on your life experience. If you think you are mature and knows everything. They are mostly unknown with the world. And those who just stick to themselves and just improve the way they want these type of people knows what is good or bad for them. And also very mature and sensible. And these people had seen more difficult phase of life. And they become strong bring themselves in front of people. As a good speakers.

All are trouble with many situations. And they sometimes know or don’t know the lessons of life. But you get to experience something different from previous. I don’t know but people still behave like a kid. Even though they know the fact that you cannot be like this you have to look mature and sensible.but everyone cannot do the same. Their challenge is different towards life. We have to fight for ourselves. Even as individuals you have to prepare for the challenges this make ourselves ready to fight for us. We all do mistake as there no single man in this world who do not make mistakes. It’s just that we hide from others.but it is of no use that you hide it you have to be clear and Loud so that you can understand and than perform accordingly. I have seen many people who do not learn anything from the lessons and just roaming around here and there. The person should be self independent so that they can easily get a life lessons for basic comman sense. We don’t use it most of the time that why we lie.

Facing Interviews

“A successful interview is meeting of minds”

I am sure most of you face or might have faced anxiety before giving an interview. Various questions like what to prepare, how to conduct yourself, what are the things that will make you stand out among the candidates might come into your mind. While, there is no guaranteed method to crack an interview, however there are still some aspects you can focus on to increase your chances of getting selected. This article provides some tips to help you with your interview.

What Aspects are Tested?

  • Past relationship with boss and co-workers
    Employers want to know if you’re a team player when you’re applying for positions that require you to collaborate with others. They may ask you a series of questions to learn about your prior coworkers’ relationships with you. You should demonstrate in your responses that you can get along with everyone and work well with others to form an effective team.
  • Respect for the value of others
    In a diverse workplace, there are people from different backgrounds and have different values. Employees might not love or enjoy everyone’s personalities and not believe in their values but they must respect their work in order to fulfil their objectives and remain professional.
  • Ability to meet deadlines
    Demonstrating your ability to manage your time can help you stand out as a job prospect. It would be hard to meet deadlines and complete each project to the best of abilities if you do not have good time management skills.
  • Ability to multi task
    A hiring manager will almost always ask if you can juggle multiple tasks at once. It’s a reasonable issue, given the volume of phone calls, emails, and meetings that can occur in a single day.
  • Value oriented approach to problem solving
    Value-based interviewing (VBI) is a type of interview that focuses on the ‘how’ and ‘why’ an applicant makes decisions in the workplace and aims to uncover the reasons for their actions. It gives managers a thorough grasp of and insight into candidates’ beliefs and behaviors, as well as how they align with the company’s.
  • Other aspects that employers check are how efficiently you use time, thorough knowledge of the industry, commitment to continual learning, ability to address small problems but always focused on the bigger picture.
  • Your personal values play a key role in your selection in an interview. Personal values include your integrity, your enthusiasm, accountability, team orientation, work ethics, respect for people, etc. Also, your technical expertise matters the most.

Dealing with Pre-Interview Nervousness

  • Make sure you sleep properly the night before the interview so that you are rested well and you give the interview with a fresh mind.
  • Go easy on caffeine before the meeting.
  • Give positive affirmations to yourself to give yourself motivation and to get rid of the negative thoughts.
  • Listen to the calming music on your way to the interview.
  • Look at the job opportunity as an interview to shine.
  • Welcome the challenge
  • Breathe
  • Exhibit interest in job instead of trying to be interesting.
  • Stay focused and positive.

Ten Variables for the First Impression

  • Arrive on time for the interview
  • Dress in a professional manner
  • Take good rest and be alert
  • Be respectful to everyone you meet during the interview process
  • Be honest
  • Clearly express your clarifications for the job
  • Show your interest in job and company
  • Responses to the questions should be specific and informed
  • Ask relevant questions
  • Your personality should fit well with the organization

Offline system

We can say that the classes are back to offline and children and students are going and trying to settle in the scenarioes. Schools has changed theirs functioning. Students are back with their naughtiness. It is not completely the way we want but still from past 2 year we are bounded at homes.so it is better that schools are open and know children can get a good time to spend on studies. I was so much stuck in the house that I could not able to go out. But know we ca easily go out and enjoy a little bit. Things are changing but one thing which not change is mask and sanitizer. We have to use them even we don’t wish to use. We cannot ignore such things as the danger is still there for kids.

I feel we are very lucky that we all have come out and still fighting from the virus. Because we believe that it is very important to be motivated and positive in this situation. Kids are also understanding and following the protocol. We are trying our best to keep distance but as we got a chance to meet our friends and teachers than in the excitement we are forgetting about the COVID. It is still their cases are increasing. We have to make sure that if we are getting the opportunity to go out. Than we should also follow the rules as well. So that we could not come in this situation again. We already have done online work, classes everything was all shifted to home. That was creating more problem than the offline one. We have seen worse. And know we are over with online one we all want to do it offline only.

I really feel good after so many days. I can see that everyone get a chance to interact with each other. And healthy environment is taking place. Not only in school, college but also work space we are involved in the group and the projects. That for a moment i forget that something like this has ever happened as we are all working similarly as we use too. We personally loss someone on our hand. This COVID take away our love ones. But people moving slowly and gradually. And everything is coming back to normal. As we have to deal with time and things. We cannot stop here we have to move on and try to find ways and involved us. We should do activities which can take us away from them. We had learn from this situation at a greater level. As every incident in our life gave us opportunity to learn something out of it. COVID had also realise the importance of family and friends. And what life and death is all about. We all were scared like anything that people got so negative. But thankfully know the situation is light.