LEGAL AGREEMENTS
Legal Agreements are a part of our every day life. We get into formal Agreements at various stages of our life. Parents sign on Agreements for their wards at school since minors cannot get into contracts. Agreements are signed in Colleges for studies, with Companies one works for, the things that we purchase, with bankers, rental agreements and many such more. Agreements in spirit should indicate common grounds between the parties involved, spell out the duties and responsibilities of each.
But, in reality, are the Agreements equitable and fair?. Are they often not one sided?. It would seem so at the individual level. It often is the case that advantages are loaded in favour of the stronger between the two. Rather than appreciating the duties and responsibilities of each, it is more for protection of one against another. I wish to point out here certain glaring differences:
A student is bound by school or college agreement against misbehaving. But what about donations demanded by the institutions? What about partiality shown by the Institute that is expected to give free and unbiased knowledge.
Similarly an Organisation, in its employee agreements lists out various clauses for an employee in terms of work days, financial implications on certain situations etc. But the clause on working hours,exploitation, favoritism are left deliberately vague or in complete favour of the Organisation. Many a clauses are at the 'discretion' of the Organisation, but individual discretion is ignored.
Often the individual has no choice but to sign on the Agreements even though he finds them unreasonable. A common refrain is that ' it is a standard document'. A standard document' drafted by the Institution or Organisation favourable to it?
Recently our central Government enacted a Model Tenancy Act which gave guidance on model rental agreements between the parties involved. This, I felt, is a free and fare Agreement model. Similarly, the Government or the Legal community should come out with model Agreements for employment (Labour Ministry), for studies ( Education Boards & UGC), for purchase-sale ( Ministry of Consumer affairs) etc. which would set the tone for a more equitable and fair Contractual terms.
But, in reality, are the Agreements equitable and fair?. Are they often not one sided?. It would seem so at the individual level. It often is the case that advantages are loaded in favour of the stronger between the two. Rather than appreciating the duties and responsibilities of each, it is more for protection of one against another. I wish to point out here certain glaring differences:
A student is bound by school or college agreement against misbehaving. But what about donations demanded by the institutions? What about partiality shown by the Institute that is expected to give free and unbiased knowledge.
Similarly an Organisation, in its employee agreements lists out various clauses for an employee in terms of work days, financial implications on certain situations etc. But the clause on working hours,exploitation, favoritism are left deliberately vague or in complete favour of the Organisation. Many a clauses are at the 'discretion' of the Organisation, but individual discretion is ignored.
Often the individual has no choice but to sign on the Agreements even though he finds them unreasonable. A common refrain is that ' it is a standard document'. A standard document' drafted by the Institution or Organisation favourable to it?
Recently our central Government enacted a Model Tenancy Act which gave guidance on model rental agreements between the parties involved. This, I felt, is a free and fare Agreement model. Similarly, the Government or the Legal community should come out with model Agreements for employment (Labour Ministry), for studies ( Education Boards & UGC), for purchase-sale ( Ministry of Consumer affairs) etc. which would set the tone for a more equitable and fair Contractual terms.
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Dear sir We need our legal system to be Improve d 100 times becoming a user friendly and the 1st not last option tor finding any solution Issues of Justice Delivery instead of Confining to just procedure s, systems and laws more attention to be given to logic ,fairness ; The legal system should ensure that above All , JUSTICE , Humanity Morality and general Interest of society are upheld System Had been more leveraged by INDIVIDUAL INTEREST AND TRICKY ADVOCACY etc ,this should change The comon Practice in Judicial Process such as Adjournments , Delays , Leaving Case WITH COMMENTS OF INADEQUATE PROSECUTION should be reduced Awarding Benefit of Doubts to be on merits of the situation Affidavit or declaration on stamp paper should be considered valid for any procedure Legal system should be transparent Personal presence requirement should be reduced Registration procedure should be simplified Personal presence requirement should be reduced for the registration Without registration procedure, document legal quality should not get reduced Family property distribution amongst the members should be possible by declaration Various procedure s etc should be possible to be done on line Video presence should be acceptable for the various requirement and for the special cases requiring More verification the video presence from the near by authorised govt center b Should be valid
Oct 08
When 2 people enter into agreement thare is an offer and acceptance bound by terms and conditions. These terms and conditions need a legal sanctity(enforceable by law). For institutions it is not possible to set terms with each individual seperately, therefore a standard format is prescribed. You are right that most of the times agreements are in favor of stronger party. However in many cases (in courts) it is seen judiciary has struck down exploitative clauses of the agreement which cannot pass LEGAL VALIDITY and favored the weaker party. though the agreement remains the same, only expolitative clauses are struck down to save the weaker party, like protecting a buyer against a builder. Agreements in India are protected under the Contract Act 1872. The Act itself says Agreements are contract when it has free consent lawful consideration lawful object not expressly void If you find unreasonability in an agreement, do not buy arguement of standard format and approach a court through a lawyer to get justice. CLAUSES which are on face UNREASONABLE, EXPLOITATIVE, INJURIOUS TO ONE PARTY are struck down by courts. Model Tenacy Act is prescribing many things including the security amount. BUt there are doubts, in reality people shall have different security amounts in agreements. A luxurious residential property owner shall not feel secured in renting out property with max limit of 2 months rent as security. Aflat owner might be okay with it. Somethings are better determined by market forces. Often it is seen we don not require new laws but better implementation of principles of natural justice while deciding the matters. We need speedy disposal of cases so that stronger party cannot break the will of weaker parties.
Oct 04
Indian governance system is being manipulated by a bunch of Bureaucrats who have a strangle hold on everything the government is doing.Parliamentarians are hardly doing what they are supposed to do.Legal system is indifferent to extreme hardship of citizens.India is a fit case for Indian citizens to approach UN for liberation from the present parliamentary system being practiced here!
Sep 30
Mostly citizens are coerced into signing these one sided agreements because of the weakness of govt agencies not checking these one sided agreements or laying down clear rules for these businesses and service providers even govt deptt to follow. Aim of stronger party is delay which they after committing extortion or providing poor service take shelter behind their one sided agreements knowing fully well individuals will not have money or time to fight these issues in courts. Besides they also misuse rather abuse the court system weaknesses to make profits or escape responsibility. Even govt deptt escape responsibility hiding behind litigation. Am sure 70% court cases will reduce if courts give vey very harsh punishments as is done in western countries so that tendencies of businesses and govt deptts to hide behind one sided agreements or unfaie rules is curbed. Besides govt regulatory bodies not making clear rules , it is the courts that are more favourable to the stronger parties most likely due to corruption that causes injustice by delay. Delay is the main component that is being used or rather abused.
Sep 30
