Know the Law

 What can we do if dry cleaners misappropriate our clothes? Can crafty legal drafting escape the ‘right to sue’?

Law is a complex subject it is no surprise that most of the time when we are in trouble we tend to distance ourselves from the problem, owing to the time taken by the Judiciary to decide a problem. What can we do in circumstances where a dry cleaners 20 appropriates are clothes in all it in all circumstances that there is a standard contract which they already sign because of their being a big farm as a consumer I not able to accept the legal remedies.

However, owing to the problems faced by the people we have the remedies which are available to us in the circumstances firstly the contact which we enter into as the consumer who is asking for the get into the contract wherein you have certain rights and you from railway hospitals commerce schools big forms IT sector all forms of the banks all forms to have one of the major features which include having a standard form which one has to fill before entering into any contract by this process the party try to protect themselves from any legal liabilities they are presented under after those circumstances.

 ever looking at intensity and problem in hand has decided and carved out the people from this is situated and unnecessary problems that they turn into because of these standard form of contract in simple terms these contracts are read after terms and this form binding on both the parties there is no legal bar of entering into them the free consent term is usually lightly dealt with in the circumstances there are chances of undue influence the advantage that the party who is the offer into.

 Exclusion of the standard form of contract

 we see here that the other party is having an undue influence on decisions taken by the of which is the party who is awaiting services forever the judiciary in order to prevent this are they have gotten through which they can get out of this trouble and restore the limitations which are set by the courts in order to protect the other party from being victimized and assembly such terms defined as the limitations to the standard form of contract. 

the following Case laws pertaining to this topic so high the other party cannot have any undue influence over the other and the parties can enter into a legal agreement without any influence

Chpelton vs Barry Urban District Council

It was held that a receipt is not binding to the contractual liabilities and hence the parties entering into the contract are not legally binding such that they can not avail of any remedy.

Curtis vs Chemical Cleaning and dyeing Corporation

It was held that the old representation for dry cleaning is not binding. this case is a landmark judgement which decides that in the case of the standard form of contracts there should be no misrepresentation.

Parker South Eastern Railway co.

This case was a landmark judgement in which it was decided that that should be reasonable contractual terms. Defence of the keys is as follows, in this case, there was a clock room and the goods are deposited however in the standard form of the contract it was written that in case these goods were deposited and were lost the party taking care of these goods sold was not liable however if the dive deep into the Indian Contract Act 1872 we will observe that the section 151 and 152 talks about the rights and duties of the person who is the bailee this person should take reasonable care as if he was himself the owner of the goods full stop, therefore, the contract terms which are decided here are not in accordance with what is as defined in the law hence the party who has violated the to is or has tried to escape his liability is liable here.

Lilly White vs Manuswami

This is a landmark judgement pertaining to the standard form of contract variant it is decided that the quantum editors which is under sections 74 and 75 of the Indian Contract Act should be in due care while deciding the factors of which the person would be liable. in this case, It was decided by the contractual terms in the written agreement that in case there would be the misappropriation of clothes the party would be liable for 50% of the actual price of what the clue of the cloth for the clothes so misappropriated. However, searching contractual terms in violation of the rights of the parties. We can say that because the parties to the contract should be able to have their my how much it is equitable and justified this case in the statement and the contractual terms is in violation of the Quasi-contract act,  with having a do advantage and violating the rights of equity and Justice. and here we can see that one party is at a loss and the other party is an unusually and having Again which is not appropriate in any sense the court held that the victim party is can clean full damages.

Wallis vs Pratt

In this case, the district interpretation of the exemption clause was discussed.  this is done in order to protect the weaker party from getting exploited. In this case, the seeds which were delivered were English send point but actually, they were of the Other quality which was inferior to it named giant Saint poet full stop this was any infringement of the implied conditions which were there under the terms which the party was to be here. difference in the violation of the sales of goods act where the implied and the express terms should be clearly defined and because of the violation of the terms of sales of goods act and corresponding violation of the descriptive quality which was expressed in the contract the party is liable for the infringement of the right and there is a breach of contract. the plaintiff and forth can claim for the benefit of compensation.

Alexander vs Railway Executive

In this case, there was a breach of fundamental contract all terms the defendant received a ticket from the clock room on the other side of the ticket it was clearly written that in case there was any other case in which the good things should be lost misappropriated the party would not be liable for it here the deposited goods were not delivered properly. and the defendant was liable to compensate the plaintiff.

Morris vs CW Martin & Sons Ltd.

In this case,  The Fur coat which is given for dry cleaning was stolen by the servant and in the contract terms where the parties for entering into a contract by signing it drafted piece of paper, it was written that in case of misappropriation other clothes the party would not be liable.  Following the principle of natural justice and equity, it is clear that one party is at a loss in order to compensate the printed it was hand that the party would be liable for the damages.

Position in India

From the above examples, it is clear that contactor is adopted from the British system Contract Act the position of India is also similar to that of the British system this can be listed by the case of Control Island Water Transport corporation versus Brojo Nath.

Facts of the Case

In this case there was a contractual service agreement where a person was employed for 3 months. the terms of the contract were as follows that:

1 ] Can be given 3 month prior notice before his termination and can be terminated indefinitely at any moment

2]  he would be given 3 months salary and then would be terminated at any moment he can be terminated

 Legal reasoning

 The act and the provisions which were defined under this case were Holi unreasonable and opposed to the public policy. These are in the violation In violation of the basic fundamental rights of an individual the right to employ the right to life dignity and equal pay equal work,  justice equality and economic security written in the Preamble was at threat.  In case,  there are reasonableness of rights and liabilities but not taken into account chances of exploitation of the people.

 Sociological perspective

 In case there was a violation of the reasonableness of these sounds it could be a violation of the labour laws and the reasonable working hours of the labour class full stop this is also supposed to the articles 23 and 24 which are used in accordance to the basic human rights. also this is a violation of United Nation Declaration of Human Rights which says that there should be a reasonable and dignity in the behaviour of how the workers should be dealt with.

Economic Perspective

 In case The rules in the attachment are not really demarcated it would have impacted the economic circumstances of the work in the banking sector Railways there could be a situation where economic security was at stake. The unnecessary exploitation of the working class could take place.

Historical Perspective

In case the unreasonable treatment was not controlled this could have turned into a communist revolution. Who Has Seen The communist revolution in the history of the USSR the people joined together to fight against the monarch and autocratic rule. A similar situation can be seen in the case of the French Revolution where all the rights and power is concentrated in the hands of a few people. VLC the instances of the American Revolution where slavery was the main cause of why the revolution took place.

 In the case of India has seen a national struggle where the people what not given there is enable rights and this resulted in a widespread fire Revolt and dissociation.

Present Day Scenario

Present scenario who has seen that there is Naxalism pertaining to the cities of Odisha Jharkhand Bihar Uttar Pradesh and West Bengal. these are the Marxist parties who tend to get unhappy because of the unemployment and poor conditions. this shows the gravity of the situation of why these people are unhappy and try to take the way of communist revolutions in order to fight for their rights.

 The decision of the court’

In the case of Brojo Nath, The Supreme Court Song the close service as a reasonable and opposed to the public policy also it was in violation of Section 23 of the Indian Contract Act 1872 full stop it was in violation of the basic human rights and fundamental right.

Conclusion

In the light of the above discussion, I have seen that there are various ways in which the weaker party is protected from exploitation. The commission of India in its 103rd report on fat terms of contact recommended the insertion of a new chapter 4A consisting of section 67a in which the unreasonable terms which are opposed to the public policy and wilful breach of the contract the consequence of negligence and the rules pertaining to it can be clearly demarcated.  we have seen that the courts interpret the law in such a way that the party that is more powerful cannot exploit the weaker ones. There are various rules such as you Ubi Jus Ibi Remedium i.e. Where there is a liability. the cord also ensures the proper demarcation and working in accordance with the rules of equity natural justice and reasonableness so as to protect the weaker section from exploitation.  it is only because of these rights and the interpretation of the court that the rules such as the Maternity Benefit Relief Act for the midwife women or bold decisions such as MC Mehta vs Union of India for the protection of the environment and Article 21 can be taken. Along similar lines, we have seen that the court also protects people in case of a contractual agreement in order to free them from harsh exploitation of the capitalists class and crafty language.