What is Article 299 Indian Constitution?

Formation of Contract: The law relating to the Government contracts is provided under Article 299 of the Constitution of India. All such Contracts and assurances of the property made in the exercise of the executive power shall be executed on the behalf of the President or the Governor as the case may be.

What are contractual liabilities?

Contractual liability involves the financial consequences emanating from liability, not the assumption of the indemnitee’s liability itself. A common phrase found in contracts states that one party agrees to hold another party harmless for any injuries, accidents, or losses that occur while the contact is in effect.

What are the features of the contractual liability of the state under the Indian Constitution?

CONTRACTUAL LIABILITY OF THE GOVERNMENT UNDER THE CONSTITUTION. Article 300 of the Constitution states that the Government of India may sue or be sued by the name of the Union of India and likewise, the State government may sue or be sued by the name of the State or of the Legislature of a State.

What is tortious liability India?

The concept of tortuous liability of State means that the state is liable for the acts of its servants. Liability of government is fixed under Article 300 of the Constitution. Union of India and State can sue and be sued in the same way as the Dominion of India and Provinces before the commencement of the Constitution.

What is tortious liability of state?

Liability of State for the tortious acts of its servants known as tortious liability. of State makes it liable for the acts of omission and commission, voluntary or involuntary and brings it before Court of Law in a claim for non liquidated damages for such acts. This liability is also a branch of Law of Torts.

What is the contractual liability of state?

Contractual Liability is a liability of the state for the acts done by the state in exercise of its power as a Sovereign as well as in other capacities in the same manner as an individual does. The concept of liability of state for breach of contract is not new in India.

What is tortious liability?

Tortious Liability = Duty of Care + Breach of Duty + Damage (Causation & Remoteness) Duty of Care is owed to claimant by the defendant. Standard of care is required in a given case and if is not met by the defendant, thus it stands broken. The breach must result in a loss that is suffered by the plaintiff.

How are tortious duties different from contractual duties?

The main difference between tortious liability and contractual liability is the nature of duty. The duties in the torts are fixed by the law where the duties in the contracts are fixed by the contractual parties. Therefore, there is more structured and stricter in tortious liability than in contractual liability.

What is a tortious liability?

Is contractual liability included in general liability?

Contractual liability insurance covers liability you assume under a lease, rental agreement, or other common business contract. Contractual liability coverage is included in the standard general liability policy.

Which article of the Indian Constitution states about the tortious liability of state?

Article 300
Under the Constitution of India two Articles viz Article 294 and Article 300 contain explicit and implicit provisions regarding tortious liability of State and suit against it. Both the Articles come under Chapter III of “Part XII of the Constitution of India which is headed as Property Contracts.

Which article of the Constitution defines the tortious liability of the state?

The Union and State governments would be liable for tortious acts committed by their employees in the course of employment for violation of Article 21. The Supreme Court awarded monetary compensation in a large number of cases. In the case of Nibati Behera v.