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).

     

Induced Wage Effects of Changes in Food Prices in Egypt

The trend in real agricultural wages in Egypt over the two decades since the mid-1970s is well described by an inverted U-shaped curve with a peak around 1985. But the rise and fall of real wages masks a complex dynamic process by which nominal wages adjust in response to changes in food prices. We use governorate-level panel data for 1976–93 to explore the nature of this adjustment process. Our results indicate that nominal wages adjust slowly. There is a significant negative initial impact of rising food prices on real wages, though wages do catch up in the long run.     

Farm productivity and rural poverty in India

Armed with new data, we return to an old question from the pages of this journal: to what extent do India's rural poor share in agricultural growth? Combining data from 24 household sample surveys spanning 35 years with other sources, we estimate a model of the joint determination of consumption‐poverty measures, agricultural wages, and food prices. We find that higher farm productivity brought both absolute and relative gains to poor rural households. A large share of the gains was via wages and prices, though these effects took time. The benefits to the poor were not confined to those near the poverty line.     

A Little Help May Be No Help at All: Size of Scholarships and Child Labour in Nepal

In the empirical literature on child labour and income transfer programmes, evidence has been lacking on whether (and how) the size of transfer influences the impact on child labour. This paper finds significant size effects in the impact of scholarship-based transfers on child labour in Nepal. High-value scholarships decrease 8–16 year-old girls’ total work hours by one-third, largely reducing their hours in paid and unpaid economic activities with little impact on domestic chores. Low-value scholarships have no impact at all. The findings elucidate the scope for calibrating transfer size to achieve greater child labour impacts in developing countries.     

Recognizing Innate Transformational Traits in Public Administrative Services: Are We Doing Right?

ABSTRACT

With shifting paradigm, public administration needs even more transformational leaders. A large part of an individual’s leadership potential refers to innate personality traits which are brought out by relevant nurturing processes. Environment, favorable or unfavorable, interacts with these processes and impacts the flourishing of natural potential. Experience promotes the positive growth of innate potential that one possesses. Using data from India, this article looks into the systematic impact of public administrative training institutes on the development of top-tier civil servants. By comparing the performance of officers in public administration training academy possessing innate personality traits suitable for transformational leadership vis-à-vis innate personality traits suitable for transactional leadership, we test whether current training evaluation promotes transformational innate personality traits and suggests the implications. Interestingly, our mix-method study evaluating the entry-level induction training of public administrative leaders reveals that there is a gap between theory and praxis.     

Motivated Responding in Studies of Factual Learning

Large partisan gaps in reports of factual beliefs have fueled concerns about citizens’ competence and ability to hold representatives accountable. In three separate studies, we reconsider the evidence for one prominent explanation of these gaps—motivated learning. We extend a recent study on motivated learning that asks respondents to deduce the conclusion supported by numerical data. We offer a random set of respondents a small financial incentive to accurately report what they have learned. We find that a portion of what is taken as motivated learning is instead motivated responding. That is, without incentives, some respondents give incorrect but congenial answers when they have correct but uncongenial information. Relatedly, respondents exhibit little bias in recalling the data. However, incentivizing people to faithfully report uncongenial facts increases bias in their judgments of the credibility of what they have learned. In all, our findings suggest that motivated learning is less common than what the literature suggests, but also that there is a whack-a-mole nature to bias, with reduction in bias in one place being offset by increase in another place.     

What future for Kirkuk? Evidence from a deliberative intervention

The “youth bulge” in developing countries means that we need to pay close attention to how young people want to be governed. That need is particularly great in developing countries that are also deeply divided. But in divided societies, conventional opinion polls often do not suffice, yielding shallow opinions hostage to elite machinations and mutual mistrust. To shed light on what young people would want if they had a chance to learn and deliberate about the issues, we follow a survey with an intensive deliberative field experiment in one such society – Kirkuk. Contrary to widespread concerns about the predominance of ethnic interests, young educated Kirkukis support the view that different ethnic groups should have an equal say. There is also broad support for an institutional arrangement – Kirkuk’s becoming an autonomous region – that may provide space for instituting “equal say”. And deliberating with balanced information broadens support for that arrangement.