Hinduism and the Religion’s Worldviews Essay Example for Free

Hinduism and the Religion’s Worldviews Essay Hinduism is not merely a religion, it is also a philosophy and the culture in India, and it has already been a marked part of their everyday living. So much so that everything aspect of their daily lives goes back to it; and it has 950 million followers to wit (mostly from India, Nepal, Bangladesh, Indonesia, Malaysia, Sri Lanka and Pakistan). Hinduism ranks third as the world’s largest religion after Christianity and Islam, and it is also said to be one of the world’s oldest organized religion along with Judaism (VandeWeghe, 2007). Hinduism and Christianity differ in many ways, and it is rational that there are disagreements and contradictions when two people from different religions involve themselves in a conversation regarding their beliefs. The purpose of this paper is to discover an effective way to build a pleasant relationship with a Hindu in order to be able to share the gospel with them. In order to accomplish this aim, this paper will discuss the origin, beliefs, practices and the views of Hinduism about Christianity and how they differ from the said religion. Hinduism: A Closer Look According to Robinson (2007), besides being called â€Å"Hinduism†, it is also referred to as Sanata Dharma (eternal religion) and Vaidika Dharma (religion of the Vedas). Hinduism has no specific founder and the day that it was born is still unknown; however, there are two theories regarding the origin of the religion. One is the Classical Theory which explains that Hinduism originated at the Indus Valley around 4000BCE to 2200BCE and that its development was due to various foreign invasions particularly of the Indo-Aryan for they are the ones who were said to have brought the religion of Vedism. The other is the Emerging Theory which went against the first theory by proving that there were no foreign invasions along the Indus Valley and that the Vedic religion (Hinduism at 1500BCE to 500BCE) was allowed to flourish by the same group of people who later called themselves Aryan. The Hindu scriptures as well as literatures, which are even older than the Bible’s Old Testament, are the sources of the religion’s beliefs and practices. The most sacred Hindu scriptures are the four Vedas (Rig Veda, Sama Veda, Yajur Veda and Atharva Veda) which consists of hymns, incantations, rituals and explanations – among which the Rig Veda (1700BCE to 1100BCE) is said to be the oldest. There are also the Upanishads which discussed â€Å"states of consciousness, dreams, meditations, self-realizations and unity†; the Darshanas which consists of six philosophical system and teachings derived from the Vedas; and lastly and the most recent, the Puranas which tells the stories of the most recent gods (Reid Corduan, 2008). Hinduism also has the two great epics that show the virtues and ideals that are significant to the religion; the first is the Ramayana which is a tale about a prince named Rama and his wife, Sita, and the Mahabarata, a collection of poems which states the duties of a â€Å"religious, law-abiding man† (Mason, 2000). Not only is Hinduism one of the oldest and largest religions, it is also said to be the most complex one (McDowell, 2002). There are various beliefs in Hinduism and one of them is the very popular and highly criticized Caste System which is said to be the cause of inequality and harsh laws in India. There are four main castes; the Brahmin (priest-teachers), kshatriyas (soldier-nobles), vaishyas (merchants) and sudras (servants). In the early periods, it was supposed to be part of the divine order, however, as years passed by, subcastes were developed and there came the outcastes or the untouchables – people who do not belong to any of the four main castes (Perry, 1989). Associated with this system are other beliefs. The belief that each of them have dharma (duty), depending on which caste they were born into; they also believe in karma and samsara (reincarnation) – thus, they believe that if they do their duty properly, they will have good karma and will be reincarnated into a higher class. On the contrary, if they did not, they might be reincarnated to the lower class or even as an animal. Their goal is to achieve moksha (release), which is their concept of salvation. Here they would not be liberated from sin but to life existence itself for they believe that as long as they are in the maya (phenomenal world) suffering would never stop because of karma and samsara. Moksha can be attained in three ways, by â€Å"way of works†, â€Å"way of knowledge† and â€Å"way of devotion† (bhakti) which is the most popular one, in which a person will completely devote himself to a certain god and the latter will take care of everything in his behalf (Reid Corduan, 2008). In early Hinduism, Jesus Christ has no particular role in the religion and is not even mentioned in their scriptures; however, due to the rise of Christianity, Hindu thinkers thought of a place where they could put Jesus Christ in their religion. According to Reid and Corduan (2008), since Hinduism is a polytheistic religion, the Hindus viewed Jesus Christ as one of the incarnations or avatars of Brahman who, like Rama and Krishna, is a â€Å"divine self-embodiment† in order to preserve Hindu teachings and another way was by saying that Jesus Christ spent his â€Å"silent years† in India to proclaim the teachings of Hinduism. Nevertheless, Hindus’ incorporation of Jesus Christ into their religion does not seem to fit properly. According to McDowell (2002), Hinduism is known to be tolerant towards other religions because of similarities with Hinduism. This is believed to be one of the characteristics of a polytheistic and henotheistic (believing in one god and regarding other gods and goddesses as just manifestations) religions. However, due to rise of a nationalistic political party which took hold of the India’s government, the separation of church and state collapsed and religious tolerance went down as well, increasing anti-Christian violence in the country (Robinson, 2007). Christianity and Hinduism has numerous differences and some of them are the following: Hinduism’s Supreme Being is the Brahman, an indefinable and impersonal deity, while Christianity has a loving, personal and caring Creator. Hinduism looks at man as a materialization of Brahman who has no value and self-worth at all, whereas, Christianity proclaims that man is created in the very image of God that deserves to love and be loved despite their sinful deeds. When it comes to sins, there are no sins that are committed against Brahman, things that were done wrong are taken as results of ignorance that can be redeemed by following the duty of a specific caste to which the person belongs to and the path going to salvation. On the other hand, wrongdoings that are done within Christianity is taken as acts of rebellion against God. Salvation in Hinduism is referred to as moksha and can be attained in three ways which cannot be accomplished in one lifetime, while salvation in the Christian sense is granted by God to those who deserve it after being separated from him. Lastly, even their view of the material world differ – for a Hindu, the material world is an extension of Brahman and just a transitory and secondary importance; on the contrary, Christians see the material world as an objective reality and a something total different from God (McDowell, 2002). However, despite these differences, it is said that Hindus accept Jesus, but not the Christian relgion. In fact, they even refer Christianity to â€Å"Churchianity. † According to Abhedananda (2002), Hindus can tell apart the religion of Jesus Christ from the religion of the Church for the reason that the true religion of Jesus Christ is a religion of the heart. Thus, it has no dogma and no theology, no rituals and ceremonies, and is not based from a book. From their perspective, the religion of the Church is based from a book, is full of creeds and rituals, and even has an organized way of preaching them. When it comes to the Gospels, they see it as full of inconsistencies and discrepancies, and one very doubtful area for the Hindus comes from their awareness that Jesus Christ did not have His own writings and that there are no precise and contemporary accounts of His life inside and outside of the Bible. In order to share the Gospels to the Hindus, Rev. Dharmaraj (2001), gave some advice to approach the Hindus and make them listen to the Gospels. He said that one should determine and understand what type of Hindu community one intends to visit, since there are different sects that belong to Hinduism. Next, he said that one should explain the concepts incorporated in the Gospels in order for them to understand the Gospels for they have their own understanding of God, salvation, sin, among others. Lastly, Christians should deal with the challenges of dogmatism, risks of syncretism and to focus on evangelism. In addition, according to Reid and Corduan (2008), a Christian should connect with the person rather with the person’s religion; Christians should approach them along with humanitarian efforts and outreach projects since Hinduism does not cater to such. Through a combination of these, Hindus have already felt the kind of loving relationships that pay no attention to the caste which have long been abolished but is still being practiced. The salvation of Christianity even reached them in a way, and it even made them accept Jesus Christ more as they felt that they have been freed from the dark aspects of Hinduism. The one who comes from above is above all. The one who is of the earth is earthly and speaks of earthly things. But the one who comes from heaven [is above all]. He testifies to what he has seen and heard, but no one accepts his testimony. Whoever does accept his testimony certifies that God is trustworthy. For the one whom God sent speaks the words of God. He does not ration his gift of the Spirit. The Father loves the Son and has given everything over to him. Whoever believes in the Son has eternal life, but whoever disobeys the Son will not see life, but the wrath of God remains upon him. (John 3:31-36, NAB) In the given Gospel, in order for a Hindu to understand it, one should clarify that the God in the Gospel is the Creator and that His son is Jesus Christ, the Savior of mankind from sins. In addition, it will also be better to give a slight background of what the Gospel is about – say that at this point in the Gospel, the Savior have finally presented Himself in front of the people. The Hindu should also be informed that â€Å"eternal life† is referring to the promised salvation in a Christian context and that it can only be attained by believing in Jesus Christ. On the other hand, the Christian should also point out what â€Å"the wrath of God† means, so that the Hindu could have insights as to the consequences of not obeying their God. And since this pertains to the concept of Hell, it should be also explained again in totality for Hindus do not have this concept in their belief system. Hinduism is a large complex religion that is older than Christianity. If one would be able to understand the essentials of this religion, it would be easy to reach out to the Hindus and make them listen to the Gospel. Christians have their views about Hinduism and Hindus likewise have their own views about Christianity. While they criticize and contradict each other about most of the aspects of their beliefs, setting them aside for awhile in order to learn about one another’s religion makes it possible to establish not just communication but also an open, two-way relationship. To share a Gospel to Hindus, proper understanding of Hinduism is required along with the use of an effective interpersonal approach. References Mason, C. (2000). A short history of Asia – Stone Age to 2000AD. London: Palgrave Macmillan Perry, M. (1989). A history of the world.Massachusetts: Houghton Mifflin Holy Bible: the new American Bible. (1987). Nashville: Thomas Nelson Abhedananda, S. (2002). Why a Hindu accepts Christ and rejects Churchianity. Retrieved March 31, 2008 from Hinduism website: http://www. hinduism. co. za/jesus. htm Dharmahal, P. (1992). Communicating Christ to the Hindu world. Retrieved April 1, 2008 from Mission Frontiers website: http://www. missionfrontiers. org/1992/0912/sd9211. htm McDowell, J. (2002). A ready defense. Retrieved March 31, 2008 from Jesus Who website: http://www. greatcom. org/resources/areadydefense/ch24/default. htm Reid, P. Corduan, W. (2008). About Hinduism. Retrieved March 31, 2008 from Christian Answers Network website: http://christiananswers. net/evangelism/beliefs/hinduism. html Robinson, B. A. (2007). Hinduism: the world’s third largest religion. Retrieved March 31, 2008 from Religious Tolerance website: http://www. religioustolerance. org/hinduism. htm VandeWeghe, R. (2007). Prepared to answer. Retrieved March 31, 2008 from Windmill Ministries website: http://www. windmillministries. org/frames/CH30A. htm

E-Commerce and the New Economy Essay -- Internet Online Communication

E-Commerce and the New Economy The web has transformed our global economy. It is a powerful tool that has changed the way we produce, market and distribute goods and services. Finances and culture have been altered. New styles of commerce have developed. For example, a business call placed in North America could be handled by a technical expert in Asia as business is conducted internationally as well as transnationally. The purpose of this essay is to examine the issues, challenges and opportunities related to commerce in the â€Å"new economy†. The internet became popular in 1995. It creates many opportunities in different kind of industries. Ecommerce is one of the successful examples of buying and selling on the web. It is like a cocoon, which became mature in these recent years. Low start-up costs make online businesses attractive to new entrepreneurs. Establishing their businesses online can eliminate store rental expenses; they don’t have to hire anybody to take care of it (Charles Steinfield). They can upload some pictures and descriptions of their products online. This allows their customers to see what they are buying. Moreover, customers can search for their needs whenever they want as long as they have an access to the internet (Charles Steinfield). Because of globalization, the national boundaries are eliminated as well. Customers can make their purchase anywhere around the world. This expands target markets. Buying products online, customers can ask questions anytime when they encounter any problem or have doubts about what they are buying (Charles Steinfield). Many websites have provided online support services. Buyers can contact sellers directly and discuss their concerns. Therefore, the interaction between b... ...r shopping will be done at home on the web. This will bring society into a new economy. Bibliography 1) Donna L. Hoffman, Thomas P. Novak and Patrali Chatterjee, â€Å"Commercial Scenarios for the Web: Opportunities and Challenges† http://www.ascusc.org/jcmc/vol1/issue3/hoffman.html Owen Graduate School of Management, Vanderbilt University 2) Charles Steinfield, â€Å"An introduction to the special issue† http://www.ascusc.org/jcmc/vol1/issue3/genintro.html Michigan State University 3) Rolf T. Wigand and Robert I. Benjamin, â€Å"Electronic Commerce: Effects on Electronic Markets† http://www.ascusc.org /jcmc/vol1/issue3/wigand.html School of information Studies, Syracuse University 4) Nonick â€Å"Buying online. Is it safe? What are the Dangers of Buying Online?† http://www.zyra.org.uk/buysafe.htm Zyra 5) Straubhaar and LaRose, â€Å"Media Now† Third Edition, Wadsworth, 2002

Legal Notes

What is Contract? Contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as contract. Since the law of contracts is at the heart of most business dealings. There are two important elements in Agreeement of Contracts, i. e. 1) A proposal or an offer 2) An acceptance of that proposal or offer Essential Elements of a Valid Contract:- a) Agreement: – A negotiated and usually legally enforceable understanding between two or more parties.Although a binding contract can result from an agreement, an agreement typically documents the give-and-take of a negotiated settlement and a contract specifies the minimum acceptable standard of performance. b) Intention to create legal relationship: – One of the essential elements in the creation of a binding contract, this intention is implied by the fact that it is not expressly denied. Intention to bind the other party with th e involved legal obligations. ) Free and genuine contract:-Two parties must give their Free and genuine contract to the term of agreement. Such consent should not obtain one or more of following manners i. e. I. By coercion II. By undue influence III. By fraud IV. By misrepresentation V. By mistake If the consent would be proved to have been obtained in one or more of the aforementioned manner, such contract automatically declared as voidable contract. d) Lawful consideration:- Consideration is an essential element for the formation of a contract.It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contract—an agreement by which both parties exchange mutual promises—each promise is regarded as sufficient consideration for the other. In a unilateral contract, an agreement by which one party makes a promise in exchange for the other's performance, the performance is consideration for the promise, while the promise is consideration for the performance. Consideration must have a value that can be objectively determined.Example:- To make a gift or a promise of love or affection is not enforceable because of the subjective nature of the promise. e) Lawful object: – Courts will not enforce contracts that are illegal or violate public policy. Such contracts are considered void. For example, a gambling contract would be illegal in many states. f) Agreements not declared void or illegal:- The sagreement should be such Which have not been expressly declared as illegal or void by any law of the land. Such agreement would naturally be not enforceable by law just for this single reason. ) Necessary legal formalities: – legal formalities are the legal obligations which are to be performed or fulfill by each and every organization by performing legal formality a unique image of organization is created in the mind of employees and other stake holders. Who ar e competent to contract? Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject, following person disqualified into valid agreement or contract: a) Minors ) Mentally incompetent person and c) Person who are declared incompetent through their status. MINORS Section 3 of Indian Majority 1875,a minor is a person who has not completed 18years of age. But then in the following specific cases, a minor is said to attain the majority on the completion of his 21 years of age ,instead : 1. Where a guardian of minor’s person or property is appointed under the guardians and wards act ,1890. 2. Where a court of wards assumes the superintendence of the minor’s property. For example : * If A is born in India on the 1st January 1850, and has an Indian domicile .B guardian of A is appointed by court of justice. A attains majority at the the first day of January 1871. (21 years) * If A is born in India on the 29th February 1852,and has an Indian domicile. B guardian A’s property is appointed by a court of justice. A majority at the first moment of the 28th day of February 1873. (21years) * A is born on the first day of January 1850. He acquires a domicile in India . No guardian is appointed of his person or property by any court of justice, nor is he under the jurisdication of any court of wards.A attains majority at the first moment of the day of januray ,1868. (18 years) Under the English law, a contract by a minor is not void, but only voidable , at the option of the minor only, though only under certain exceptional circumstances. Under the Indian law a contact with or by minor is void, and not just voidable. As noted above a minor is not competent to contract. One question which arises in case of an agreement by a minor is, whether the agreement is void or voidable? The Indian contract Act does no t have any provision to answer this question.In the absence of any statutory provision there had been controversy on this point. The controversy was set at rest by the decision of the Privy Council, in the case of Mohori Bibee Vs. Dharmodas Ghose in 1903. It was held that the agreement made by a minor is void.. Point 1 CASE LAW 1: Mohiri Bibi vs Dharmodas Ghose * The plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property in favour of the defendant, Brahmo Dutt, who was a moneylender to secure a loan of Rs. 20,000. The actual amount of loan given was less than Rs. 0,000. At the time of the transaction the lawyer, who acted on behalf of the money lender, had the knowledge that the plaintiff is a minor. * The plaintiff(Dharmodas) brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, mortgage was void and inoperative and the same should be cancelled. By the time of Appeal to the Privy Council the defen dant, Brahmo Dutt died and the Appeal was prosecuted by his executors(Mohiri bibi) . The Defendant, amongst other points, contended that the plaintiff had fraudulently misrepresented his age and therefore no relief should be given to him, and that, if mortgage is cancelled as requested by the plaintiff, the plaintiff should be asked to repay the sum of Rs. 10,500 advanced to him. The decision of the Privy Council on the various points raised by the defendant was as follows : * The defendant’s argument that the minor had falsely mis-stated his age, the law of estoppels should apply against him and he should not be allowed to contend that he was a minor, was considered.The Privy Council found that the fact that the plaintiff was a minor at the time making of the agreement was known to the defendant’s agent. It was held that the law of estoppel as stated in Section 115, Indian Evidence Act, was not applicable to the present case, where the statement (about age) is made to a person who knows the real facts and is not misled by the untrue statement. * Another contention of the defendant was that, if the plaintiff’s claim to order the cancellation of the mortgage is allowed, the plaintiff should be asked to refund the loan taken by him, according to Section 64 and 65, Indian contract Act.Judgement according session Section 64 of the Indian Contract Act reads as under : â€Å"When a person at whose option a contract is voidable rescinds it, the other party there to need not perform any promise there in contained of which he is promisor. The party rescinding a voidable contract shall, if he received any benefit there under from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received. Their Lordships observed that Section 64 was applicable to the case of a voidable contract. Minor’s agreement being void, Section 64 was not applicable to the case and therefore the minor could not ask to pay the amount under this section. If a minor has happened to receive some benefits under a void contract , he cannot be asked to return or refund such benefits. A minor can be a promise or a beneficiary:- According to Indian law , a minor can’t behind himself by a contract.A minor may not create a valid mortgage (credit) ,to execute an enforceable promissory note, and also he not incapable of being mortgagee of a property that means minor is entitled to all the benefits available to him, under the contract Ratification of an agreement a minor after attaining majority is void and invaid. The reasons for the rule that a minor cannot ratify an agreement after attaining majority are * An agreement entered into by a minor is void ab initio. A minor cannot ratify an agreement on attaining the age of majority to validate the same as there is no valid agreement/contract to ratify.Ratification is always treated as validation of previous authority/concerned party and dates back to th e date of actual agreement and so a contract/agreement which was then void cannot be made valid by subsequent ratification. The minor on attaining majority can enter into a fresh agreement but the earlier amount/asset cannot be treated as consideration for the new agreement. * Also when the agreement was entered into during the minority there was no ‘proper consideration’ as the contract was void and this amount becomes ‘bad consideration’ for new agreement and is not enough for validating that agreement by its ratification. â€Å"Under section 11 a minor is not competent to contract he is disqualified from contracting. He can therefore neither make a valid proposal nor make a valid acceptance as defined in section-2, clause (a) and (b). He cannot, therefore, for the purposes of this Act be strictly called a promisor within the meaning of clause(c) nor can therefore anything done by the promise be strictly called a consideration at the desire of a promisor as contemplated by clause (d). It may, therefore, be urged that an argument by a minor cannot be strictly as being for â€Å"consideration’.If the part of the benefit was received by a person during his minority and the other part after attaining the age of majority, a promise by him after attaining majority to pay an amount in respect of both the benefits is enforceable, as that constitutes a valid consideration for the promise. A minor cannot even enter into a contract through guardian or any other agent because it is void contract and the same is not capable of ratification by a minor, on his attaining majority. Ratification in law is treated as equivalent to a previous authority, and it follows that as a general rule, a person or body of persons, not competent to authorize an act can’t give validity after ratifying it. CASE LAW 2: Madras High Court Indran Ramaswami Pandia Thalavar vs Anthappa Chettiar And Others. on 14 March, 1906. In this case, a minor gave a pr omissory note for borrowing an amount of Rs. 2500 in 1895 and in 1898 after attaining majority he gave another promissory note ratifying the previous loan.But the court clearly declined the argument that though the first agreement was done by a minor, it was done on the â€Å"desire off the promisor† citing above two reasons. A Minor can take the plea of being a minor Case Law -Leslie Vs Sheill The Events in the Case Sheill, a minor , fraudently misrepresented himself as a major and borrowed 400 pound sterling from Leslie. Actually Sheill was a minor at the material time ie at the time of borrowing the money.Sheill then spent the borrowed money and did not repay the loan. Leslie filed a suit against him claiming the following: Leslie’s claims 1. Recovery of the loan amount 2. Damages for the fraudulent misrepresentation( ie for the tort of deceit) The Verdict The court held that Leslie cannot recover the amount given to Sheill and also cannot claim damages under the La w of Tort. The justification for the verdict 1. A contract with a minor is void ab initio meaning it is void from the beginning.Hence even though the minor had misrepresented his age, the court cannot ask the minor to give the money back to Leslie as doing so would mean that the court is enforcing a void contract, which is not enforceable by law. Hence Leslie could not recover his money back. 2. Sheill has committed a tort( an action that harms another person, in this case it is Leslie). Law of Tort allows the aggrieved party to claim damages. But here the minor, Sheill is not bound by contract to borrow money or even for other purposes. Hence even damages cannot be claimed as the contract is void ab initio.Another Remark If Sheill had not spent the money, he cannot be asked to refund the money back. This is as per Section 30 and 33 of the Specific Relief Act, 1963. Section 30 of Specific Relief Act Court may require parties rescinding to do equity. – On adjudging the resciss ion of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require. Section 33 of Specific Relief ActWhere a defendant successfully resists any suit on the ground- (a)  that the instrument sought to be enforced against him in the suit is voidable, the court may if the defendant has received any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make compensation for it; (b)  that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872 ), the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be, such benefit to that party, to the exten t to which he or his estate has benefited thereby. Source: http://www. indiankanoon. org/doc/172614/ Example Say there is a Minor M and two other persons N and O. M fraudulently misrepresents himself as a major at the time of contract and borrows money from N by mortgaging his property. He later sold the property by fraud to O.N then cancels both the agreements. Both the contracts are void ab initio. It was judged that M has to compensate both O and N as they both were not aware of the fact that M had fraudulently misrepresented them at the time of contract. Other points A minor can’t become a partner in any partnership firm:- under Section 30 of the partnership Act , 1932. The estate of a minor is liable to a person who supplies necessaries of his life to him. The guardians and parents of a minor are not liable to a creditors of a minor , for any breach of contract by a minor , even for the supply of the necessaries , or otherwise. A minor can , however , act as an agent.Con tracts by the Persons of Mental Incompetence Definition and Understanding The term Incompetence habitually means â€Å"The lack of ability, knowledge, legal qualification, or fitness to discharge a required duty or professional obligation† and consequently Mental Incompetence refers to that populace who are diagnosed as being mentally ill, senile, drunken state, delirium under the influence of high fever or suffering from some other debility that prevents them from managing his own affairs Such people may be accredited mentally incompetent by a court of law for which as a rule a guardian is appointed to handle the person's property and personal affairs.In order to be competent to a contract, a person should be of sound mind where the soundness of mind of a person depends on the following two factors: * His ability to understand the terms of a contract, and * His capability to form a rational judgment as to its effect upon his interest Henceforth, Section 11 and 12 specificall y articulates that â€Å"A person is said to be of sound mind for the purpose of making a contract, if at the time when he makes it, he is capable of understanding it and of forming a rational judgment to its effect upon his interests† * An individual who experiences from insanity at intervals can enter into a contract, when he is of sound mind * An individual who endures from insanity occasionally cannot enter into a contract, when he is of unsound mind Case Law 3:Civil Appeal Nos – 1619-1620 of 2001 Legal Terms Used * Appellant – An individual who, discontented with the judgment delivered and decided in a lower court or the findings from a proceeding asks a superior court to review the decision * Respondent – The revelry against whom an appeal or motion, an application for a court order, is instituted and who is obligatory to answer in order to protect his or her interests Details Citation : Supreme Court of India Appellants : Chacko and Anr. Responden t : Mahadevan Hon'ble Judges : A. K. Mathur and Markandey Katju, JJ. | Case DescriptionThe case essentially is of the civil nature dealing with the Sale of Property and the execution of aforementioned sale endeavor. Fundamentally the sale was challenged as being null and void, the circumstances being the appellant – Chacko and Anr. alleging that he was made to carry out the deed by acting under the influence of liquor by the respondent – Mahadevan and was not in a fit state of mind and hence confronting the sale of assets as illogical and annulled At the outset an injunction was sought against the respondent and anon a series of cross suits by both parties to the case were filed. As the trial court detained that the appellants failed to prove the accusations allowing the ensemble of the respondent.Shortly the appellant stimulated appeal before the first appellate court where the order primarily in favor of the respondent was now overturned in favor of the appellant as the fact that one cent land was sold for Rs. 18000 vide Ext. A2 (sale deed dated 4. 9. 1982) and three cent land was sold vide Ext. A3 (sale deed dated 11. 7. 1983) for a sum of Rs. 1000, showing an unconscionable and irrational transaction This lead to an infuriated respondent, bestowing a second appeal before the high court of Kerala on account of the indicted verdict against the judgment of the First Appellate Court and its findings of fact. The Findings of Fact include the â€Å"Unsound state of mind† of appellant established by medical certificate for Alcoholic Psychosis summiting to the well known Latin maxim â€Å"res ipsa loquitur† i. e. the matter speaks for itselfThe Rationale for the Final Decision â€Å"Transaction on the basis of documents executed when not in a robust state of mind† â€Å"The Court cannot interfere with the unyielding findings of fact as the medical certificate for Alcoholic Psychosis submitted for of the first Appellate Court and is restricted only to questions of law. † Judgment The second appeal signified that Chacko sold the land by sale deed dated 11. 7. 1983 when he was not of sound mind and some swindle was played on him at that time by Mahadevan with the court testifying that the Court cannot interfere with the findings of fact of the first Appellate Court, and is confined only to the questions of law.The deal was quashed by the court and in favor of the appellant Chacko dismissing Mahadevan’s plea Incompetence Through Status: Incompetence to contract may arise under various situations, like 1. From Political status 2. From corporate status 3. From Legal Status 4. From Marital status Examples 1. Pertaining to Political Status * An Alien Enemy cannot enter into a contract with an Indian during the period of war. If Pakistan is in war with India then no Pakistani can enter a contract with Indians during the period of war. But if they have entered into a contract already then the contract m ay be dissolved or suspended till the war is over. The contracts that are against public policy and that will benefit the enemy will stand dissolved.Other contracts will be suspended provided that they have not been rendered time barred under Indian Limitation Act. * Alien Friend: An Indian can enter into a contract with citizen of other foreign country which is not at war with India. 2. Pertaining to Corporate Status According to 1856 companies act, a company cannot enter into a contract against Memorandum of Association. 3. Pertaining to Legal Status Person declared insolvent are not considered to enter into a contract till such time they are able to get a certificate of discharge from insolvency. 4. Pertaining to Marital Status A married woman has full ability and competence to enter into a valid contract . She can sue and even be sued against, in her own name.

The Success Of Becoming A Successful Entrepreneur

â€Å"They say most Entrepreneurs born with these management skill come from a rare breed of people with intelligence, great heart, and creative skills. They are visionary and self confident, good communicators with unlimited energy, and have a string passion for what they do† It is usually things outside of our control that causes a venture not to succeed. Simple fact, everyone is not cut out to be an entrepreneur, but to last and be great takes a lot. Anyone can be an entrepreneur, but to last and be great takes a lot. Are you able to handle the ups and downs, the stress, the dedication, or even the passion to drive your business to the next level? Some will say they are until they’re faced with the challenge. There are ultimately nine key personalities that will dramatically increase your chance of becoming a successful entrepreneur. The list includes being a big dreamer, natural leader and decision maker, having an obsessive passion and drive, being a macro manager, rational optimist, having a healthy fear of failure and little fear of risk, controlling but not freakish, and lastly living a disciplined lifestyle. The first and most important from the list begins with being a big dreamer. They key to success is figuring out a product or service that is done differently, better than anything out there, or something that’s never been done before. Back in the day, technology was so simple. Fast-forward to our generation, technology has taken a leap. Years from now, there willShow MoreRelatedThe Following Seven Key Lessons Are To Help Any Beginner1618 Words   |  7 Pageshelp any beginner entrepreneur strive for success with a little more ease than as if they were to tackle it without any guidance. This book will focus on seven key lessons to becoming a successful entrepreneur as well as examples of entrepreneurs that have become successful either following these methods or creating their own pathway through the battle of entrepreneurship. To become and entrepreneur there are the lessons, the theories, the playbook that exists for entrepreneurs to help them succeedRead MoreThe Importance Of Entrepreneurship746 Words   |  3 Pagestherefore, entrepreneurs help satisfy these desires. Entrepreneurship involves the creation of new enterprise along with manufacturing and marketing the new products (Paul Di-Masi). Entrepreneurs are not just interested in money, being an entrepreneur is about creating something original and new.something that someone else did not do before. To be a successful entrepreneur, one needs a rigorous education and persuasive people skills. The flexible and unrestricted life style gives entrepreneurs a substantialRead MoreSkills, Traits, And Characteristics Of A Successful Entrepreneur1210 Words   |  5 PagesCharacteristics of a Successful Entrepreneur Anonymous Author University of the People Entrepreneurship 1 3303 â€Æ' Abstract Skills, traits or characteristics are essential ingredients in being a successful entrepreneur. Although these ingredients are numerous, an entrepreneur should develop the ones that are relevant to becoming successful. This paper will first examine skills, traits, and characteristics that are more important to have as an entrepreneur. Then, we researched and explored entrepreneurs who co-foundedRead MoreThe Four Key Ideas Entrepreneurs Essay1564 Words   |  7 Pageswhat it means to be an entrepreneur (Busenitz et al., 2003). Entrepreneurs are habitually opportunistic when seeking prospective opportunities; therefore it is crucial that entrepreneurs should abide by four key ideas when seeking opportunities. The four key ideas entrepreneurs need to embody when seeking opportunities are, denoting the entrepreneurial mind-set, innovation, Passion, leadership and creating economic value. Through the understanding of these key ideas entrepreneurs will be able to seekRead MoreThe Is Worth A Tinkers Damn Is The History We Make Today1480 Words   |  6 Pagesthat have truly shown us the success of the entrepreneur and sparked my interest. When writing this paper I had two specific goals. First to define what an entrepreneur is by defining what an entrepreneur is; in addition, outlining the types and common characteristics. Second is to allow you the reader to grasp an understanding of what attracts such a crowd to this way of making a living. I hope by the end of the paper you have a better understanding of entrepreneurs, and see how they are an interestingRead MoreDeveloping Independent Leader Skills1338 Words   |  5 Pagesto enhance your strength and retaining your social and interpersonal skills are required skills to become successful. After reviewing this essay it will give you a clear understanding how to become an independent leader, when your worse circumstance could strongly empower every individual seeking an empowering voice by enhancing their people sk ills to excel into an extraordinary entrepreneur. The ability to create the â€Å"Voice†; to enhance your people skills when dealing with the outsideRead MoreSucccessful Entrepreneurship: Self-Supporting953 Words   |  4 Pagesas the boss, rather than just being an employee. Many possibilities come from entrepreneurs and their concepts that they contribute to the world. They can assist to the moneys in a number of ways. There are exceptional ways that entrepreneurs add value to America’s capitals is through investments, paid work, providing diverse goods and services, worldwide trade, and much more. The enterprises conceived by entrepreneurs supply levy revenue to local, state, and or the government. Goods and servicesRead MoreAttributes Of Becoming An Entrepreneur Essay1366 Words   |  6 PagesEntrepreneurs are innovative pioneers who venture opportunities and create new market at home and aboard (Frederick, O Connor, Kuratko, 2013). Attributes help becoming an entrepreneur: Becoming an entrepreneur requires more than just a creative idea. All entrepreneurs share commonalities in their attributes, abilities and qualities that empower them to beat the chances and pursue their objectives (Frederick, O Connor, Kuratko, 2013). As I would believe, the three potential factors help becomingRead MoreThe Teachability Dilemma of Entrepreneurship1296 Words   |  6 PagesEntrepreneurs are a very, or perhaps the most, important boost in our economy. They do not only take the risk for the sake of a business, but also they provide our economy with employment opportunities and culture. A society can only be prosperous only when it rewards and encourages entrepreneurial activity because in fact, it is the entrepreneurs and their activities that are the critical factor for success, prosperity, growth and opportunity in any given economy. Entrepreneurship is not easy andRead MoreEntrepreneurial Success737 Words   |  3 PagesEntrepreneurs ONE: What kind of person tends to be successful as an entrepreneur? In the book Small Business Management: An Entrepreneurial Emphasis, the authors portray an entrepreneur as confident of his or her abilities, as a risk taker because often they use their own cash, because if they have left a secure position with a company they are placing their family at some risk albeit the kinds of risks an entrepreneur takes is considered moderate (Longenecker, et al, 2005, p. 16). Moreover