The Hermeneutics of the Concept of Misrepresentation: Addressing the Quagmire of Damages and Compensation in Cases of Misrepresentation in Formation of a Contract Under Indian and English Law

In England, fraudulent misrepresentation is governed by English common law and damages are provided under the Tort of Deceit whereas negligent and innocent misrepresentation is governed by the Misrepresentation Act, 1967. In India, fraud is governed by s 17 of the Indian Contract Act, 1872 (ICA) and misrepresentation by s 18 of the ICA. Notably, unlike in England where the remedies for fraud and misrepresentation are provided at separate avenues, in India, the relief to the innocent party in both cases is provided under s 19 of the ICA. This article discusses fraudulent misrepresentation & negligent/innocent misrepresentation and the quantification of damages thereof in contracts under the two legal regimes mentioned above. To that extent, the authors attempt to illustrate certain nuanced differences between the two legal regimes while also highlighting the similarities between English law and Indian law. For the purposes of this article, the authors refer to the Misrepresentation Act, 1967 and the seminal judgments of Derry v Peek, Doyle v Olby, East v Maurer and Smith New Court Securities Ltd. v Scrimgeour Vickers and discuss the “date of transaction rule” as enunciated by Lord Steyn while juxtaposing it with the judgments of the High Court of Delhi, and the Supreme Court of India. In the Indian context, the authors highlight the position of law as is apparent from two recent judgments of the Delhi High Court in NHAI v Pune Sholapur Road Development and Daiichi Sankyo v Malvinder Mohan Singh and Ors and also focus on the judgment of the Supreme Court of India in Avitel Post Stuidoz v HSBC Holdings (Mauritius).

     

Performance Contracting as an Instrument for Improving Performance in Government: An Indian Experience

In this article, the effectiveness of the Performance Contracting or the Results Framework Document (RFD) process and its impact on improving Government's performance in the Indian context were analyzed. The results reveal that the RFD process has a significant and positive impact on the performance of ministries in the Government of India. The initiative has helped in an objective assessment of ministries and a focused effort on achieving the organizational targets, and in enabling performance orientation among civil servants. It has also contributed to a refining of the organization's vision and mission and their integration with the organizational objectives. However, the process has been driven by civil servants. The initiative has not been integrated with the budgeting process, and the performance appraisal and performance-based incentive systems. The study has enabled validation of existing frameworks of PMS and incorporating the RFD process in a generic integrated framework of PMS.     

The Viability of Space Mining in the Current Legal Regime

ABSTRACT

Several private players have expressed their desire to mine resources in space. This posits ethical and legal concerns. Several scholars argue that space mining activities flout the national non-appropriation principle enshrined in Article II of the Outer Space Treaty. However, it is the opinion of the author that space mining does not per se violate the provisions of Article II, though space mining brings forward other concerns of breach of cooperation and environmental damage. The current legal regime is not adequately equipped to address these problems. The national legislations of several countries which allow for space mining do not address these issues. Even though an international regime emulating deep seabed mining addresses some of these concerns, the current political structure is not in favor of such a development. Hence, the legal viability of any potential space mining industry is on tenuous terms.     

Morphological pattern of palatal rugae in children of Davangere

The aim of this study was to identify and compare the rugae pattern between males and females of two different communities in the city of Davangere, Karnataka, India, which may be an additional method of identification in cases of crimes or communal riots. Elastomeric impressions of the maxillary arch of 100 selected children were made; casts were poured in Type IV stone. The method of identification of rugae pattern followed was that of Lysell and Thomas and Kotze, which includes the number, shape, direction, and unification of rugae. The study revealed no significant difference in the total number or length of rugae between the two communities and sexes. However, with regard to shape and unification, females showed a significantly higher diverging rugae type while males had a significant number of circular and converging type of rugae. Also, discrimination function analysis allowed a moderate differentiation of the population. Hence, the rugae pattern can be an additional method of differentiation in conjunction with the other methods such as visual, fingerprints, and dental characteristics in forensic sciences.     

We Cannot Go On: Disruptive Innovation and the First World War Royal Navy

Insights from Disruptive Innovation theory (DI) are often used in the formulation, implementation, and evaluation of national security policy. DI explains why successful companies are sometimes defeated by new competitors with relatively unsophisticated products. Although DI is highly influential in the business literature, its applicability to military doctrine has not been persuasively shown. Proposed here is a more abstract and general version of DI, which improves its foundations, adapts it to militaries, and suggests a framework for the reliable identification of disruptive innovations. This new theory is tested by examining the Royal Navy before and during World War I and evaluating how well it explains the Royal Navy's success at developing Anti-Submarine Warfare (ASW) to protect the battlefleet from submarine attacks and the near failure at implementing convoy tactics to protect merchant shipping. This generalized version of DI successfully explains several key features of the case.     

Schooling Costs and Child Work in Rural Pakistan

A conventional argument in the child–labour debate is that improvements in access to schools are an effective way to reduce the labour force participation of children. It is argued that schooling competes with economic activity in the use of children's time, and enhanced access to schools, interpretable as reduction in schooling costs, may raise school attendance at the expense of child labour. In this article, we draw a distinction between child labour within the household (intra-household) and child work in the labour market (extra-household), and examine the separate effects of schooling costs upon these two types of child labour in rural Pakistan. Consistent, at least in part, with our theoretical framework, we find that extra-household child labour and schooling costs are positively related whereas intra-household child labour is insensitive to changes in the costs of schooling. Our results suggest that reduction in schooling costs will have limited success in the abatement of child labour in rural Pakistan.     

Challenges to the East Asian environment

Abstract

Can economic interdependence reduce conflicts among states in East Asia? The so-called ‘cold politics and hot economics’ has become a defining feature of Sino-Japanese political-economic relations. This puzzling pattern of interaction is clearly illustrated in the sovereignty dispute over the Senkaku/Diaoyu Islands. The island dispute has unfolded in five rounds of distinct clashes thus far. From one perspective, the competitive elements in the island dispute make it difficult for both Japan and China to give way to the other side on the territorial and maritime issues. At the same time, the two countries have successfully managed to contain their respective territorial and maritime claims thus far. Drawing on the liberal peace theory, this article systematically demonstrates that economic interdependence has repeatedly fostered the de-escalation of Sino-Japanese conflict over territorial and maritime rights.