CHAPTER 9. DEFINITIONS IN LAW

9. Definition and law

Precise definition with special reference to any specific definition- disablement, industry (Labour Law), Private and Public Nuisance (Laws of Torts), consent (Law of Contract), Medical- intervention, physician, terminally- ill

Law has definitions of concepts codified in various legal acts. Knowing these helps us understand the basics of law. Let us see some of these definitions.

Disablement is something that reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement,where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time.

Partial disablement means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time : Provided that every injury specified in Part II of Schedule I shall be deemed to result in permanent partial disablement;

Total disablement means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from injuries specified in Part II.

Medical intervention: Intervention is act of intervening, interfering or interceding with the intent of modifying the outcome. In medicine, intervention is usually undertaken to help treat or cure a condition. Such intervention by a registered medical practitioner in health condition of patient is Medical Intervention.

Physician is a person who is legally qualified to practice medicine, especially one who specializes in diagnosis and medical treatment as distinct from surgery. A physician is a professional who practices medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury, and other physical and mental impairments.

Terminally ill person is a person who is sick and is diagnosed with a disease that will take their life. Such a person is usually told by doctors that they only have several months or years to live. This term is more commonly used for progressive diseases such as cancer or advanced heart disease than for trauma.

Consent is permission for something to happen or agreement to do something. According to Indian Contract Act, Two or more persons are said to consent when they agree upon the same thing in the same sense. Consent mentioned in the defition is assumed to be a free consent.

Free consent: Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, mistake. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.

Coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.

Undue influence defined:

(1) A contract is said to be induced by "undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.

(2) In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another (a) where he holds a real or apparent authority over the other or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress.

(3) Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.

Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract:-
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.

Misrepresentation means and includes –
(1) The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true
(2) any breach, of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him;
(3) Causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement.

NUISANCE: Substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendant's activity. This word means literally annoyance; in law, it signifies, according to Blackstone, " anything that worketh hurt, inconvenience or damage." Nuisances are either public or common, or private nuisances.

A public or common nuisance is such an inconvenience or troublesome offence, as annoys the whole community in general, and not merely some particular person. To constitute a Public nuisance, there must be such 'a number of persons annoyed, that the offense can no longer be considered a private nuisance. The concept of nuisance is relative. A thing may be a nuisance in one place, which is not so in another; therefore situation or locality of the nuisance must be considered.

A private nuisance is anything done to cause hurt or annoyance of the lands, tenements, or hereditaments of another.

Industry means any systematic activity carried on by co-operation between an employer and his workmen for the production ,supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,

(i) any capital has been invested for the purpose of carrying on such activity; or

(ii) such activity is carried on with a motive to make any gain or profit, and includes (a) any activity of the Dock Labour Board established under section 5-A of the Dock Workers ( Regulation of Employment)Act,1948( 9 of 1948); (b) any activity relating to promotion of sales or business or both carried on by an establishment,
but does not include any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.