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Miss Shakuntala puts an application to be a teacher in the school. She was appointed by the trust of the school. Her friend who works in the same school informs her about her appointment informally. But later due to some internal reasons her appointment was cancelled. Can Miss Shakuntala claim for damages?
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Miss Shakuntala puts an application to be a teacher in the school. She...
Legal Analysis of Miss Shakuntala's Appointment and Cancellation
Appointment of Miss Shakuntala
Miss Shakuntala applied to be a teacher in the school and was appointed by the trust of the school. Her friend who works in the same school informed her about her appointment informally.
Cancellation of Miss Shakuntala's Appointment
Due to some internal reasons, Miss Shakuntala's appointment was cancelled.
Claim for Damages
Miss Shakuntala may claim for damages if the cancellation of her appointment was done unlawfully or unfairly. The following factors need to be considered to determine whether Miss Shakuntala can claim for damages or not:
1. Terms of Appointment
If Miss Shakuntala's appointment was conditional and the conditions were not fulfilled, then she cannot claim for damages.
2. Contract of Employment
If Miss Shakuntala had a written contract of employment, then she can claim for damages if the school breached the terms of the contract.
3. Unlawful Discrimination
If the school cancelled Miss Shakuntala's appointment due to unlawful discrimination based on her race, gender, religion, or any other protected characteristic, then she can claim for damages.
4. Unfair Dismissal
If the school cancelled Miss Shakuntala's appointment without following the lawful procedure for dismissal, then she can claim for damages for unfair dismissal.
Conclusion
Miss Shakuntala's right to claim for damages depends on the circumstances of her appointment and cancellation. It is advisable for her to seek legal advice to determine whether she has a valid claim.
Appointment of Miss Shakuntala
Miss Shakuntala applied to be a teacher in the school and was appointed by the trust of the school. Her friend who works in the same school informed her about her appointment informally.
Cancellation of Miss Shakuntala's Appointment
Due to some internal reasons, Miss Shakuntala's appointment was cancelled.
Claim for Damages
Miss Shakuntala may claim for damages if the cancellation of her appointment was done unlawfully or unfairly. The following factors need to be considered to determine whether Miss Shakuntala can claim for damages or not:
1. Terms of Appointment
If Miss Shakuntala's appointment was conditional and the conditions were not fulfilled, then she cannot claim for damages.
2. Contract of Employment
If Miss Shakuntala had a written contract of employment, then she can claim for damages if the school breached the terms of the contract.
3. Unlawful Discrimination
If the school cancelled Miss Shakuntala's appointment due to unlawful discrimination based on her race, gender, religion, or any other protected characteristic, then she can claim for damages.
4. Unfair Dismissal
If the school cancelled Miss Shakuntala's appointment without following the lawful procedure for dismissal, then she can claim for damages for unfair dismissal.
Conclusion
Miss Shakuntala's right to claim for damages depends on the circumstances of her appointment and cancellation. It is advisable for her to seek legal advice to determine whether she has a valid claim.
Community Answer
Miss Shakuntala puts an application to be a teacher in the school. She...
As per Indian Contract Act 1872 section 4 communication of acceptance is complete as against the
1) the proposed when it is put in course of transmission to him so as tonne out of the control of the acceptor to withdraw the same;
2) as against the acceptor when it comes to the knowledge of the proposer.
In the instant case Miss Shakuntala puts an application to be a teacher inna school that is she makes an offer. she was appointed by school and was informed informally by some of her friend who work in same school. But later due to some internal reasons her appointment was cancelled.
so in above case as school authorities that is proposer has not put any offer letter in transmission. hence there is no acceptance. her information from friends or third person is nit part of contract. So Miss Shakuntala cannot claim for damages.
1) the proposed when it is put in course of transmission to him so as tonne out of the control of the acceptor to withdraw the same;
2) as against the acceptor when it comes to the knowledge of the proposer.
In the instant case Miss Shakuntala puts an application to be a teacher inna school that is she makes an offer. she was appointed by school and was informed informally by some of her friend who work in same school. But later due to some internal reasons her appointment was cancelled.
so in above case as school authorities that is proposer has not put any offer letter in transmission. hence there is no acceptance. her information from friends or third person is nit part of contract. So Miss Shakuntala cannot claim for damages.
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Miss Shakuntala puts an application to be a teacher in the school. She was appointed by the trust of the school. Her friend who works in the same school informs her about her appointment informally. But later due to some internal reasons her appointment was cancelled. Can Miss Shakuntala claim for damages?
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Miss Shakuntala puts an application to be a teacher in the school. She was appointed by the trust of the school. Her friend who works in the same school informs her about her appointment informally. But later due to some internal reasons her appointment was cancelled. Can Miss Shakuntala claim for damages? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Miss Shakuntala puts an application to be a teacher in the school. She was appointed by the trust of the school. Her friend who works in the same school informs her about her appointment informally. But later due to some internal reasons her appointment was cancelled. Can Miss Shakuntala claim for damages? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Miss Shakuntala puts an application to be a teacher in the school. She was appointed by the trust of the school. Her friend who works in the same school informs her about her appointment informally. But later due to some internal reasons her appointment was cancelled. Can Miss Shakuntala claim for damages?.
Miss Shakuntala puts an application to be a teacher in the school. She was appointed by the trust of the school. Her friend who works in the same school informs her about her appointment informally. But later due to some internal reasons her appointment was cancelled. Can Miss Shakuntala claim for damages? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Miss Shakuntala puts an application to be a teacher in the school. She was appointed by the trust of the school. Her friend who works in the same school informs her about her appointment informally. But later due to some internal reasons her appointment was cancelled. Can Miss Shakuntala claim for damages? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Miss Shakuntala puts an application to be a teacher in the school. She was appointed by the trust of the school. Her friend who works in the same school informs her about her appointment informally. But later due to some internal reasons her appointment was cancelled. Can Miss Shakuntala claim for damages?.
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