Back and Busy

I returned from Kolkata and rejoined Contracts in progress Friday morning. We are still covering capacity to contract, a topic that has more bite in India than America. In other words, even though section 11 of the Indian Contract Act of 1872 includes only age of majority and a sound mind as elements of contractual capacity, the Indian courts have recognized several more such as illiteracy as well as the status of a Pardanashin woman, which, when coupled with other factors, can render apparent consent ineffective. American contract law might well recognize similar scenarios as defenses to contract enforcement on theories of misrepresentation, unconscionability, or undue influence. However, American contract law has more thoroughly internalized the “objective” theory of contracts than has Indian law so there are fewer defenses to contract formation (we need only mere “manifestations of assent”) but robust American defenses to enforcement generally lead to the same result.

Friday evening December 2007 Regent Law grad Evan Henck and his fiancée, Leah Taylor, arrived. Evan works with Freedom Firm in Pune (http://www.freedom.firm.in/#), an NGO devoted to rescuing minor girls from prostitution. Evan focuses on assisting local police and prosecutors in preparing and litigating criminal cases against brothel keepers. Leah is also volunteering with Freedom Firm and assists the counselors and social workers as they rehabilitate victimized girls. We arranged for them to meet with some residents of Jodhpur to present the work of Freedom Firm on Friday night and then with interested students and faculty from NLU Saturday evening. Freedom Firm needs legal interns so law students—American and Indian—should keep it in mind.

Earlier Saturday we acted as hosts, showing Evan and Leah two of the main sights of Jodhpur—the Mehrangarh Fort and the Umaid Bhawan Palace. We have enjoyed the transition from our initial status as tourists to appearing to be old Jodhpur hands. (Of course, leaning to speak the language would go a long way toward actually achieving that standing.) Sunday found us worshipping at Summer Memorial Church and then to the Bal Samand Lake Palace and Mandore Gardens to round out the weekend.

Also, props to fellow Fulbrighter Kate Kaiser for letting us know about the Sunday NYT piece on village tourism in India: http://travel.nytimes.com/2009/03/08/travel/08journey.html.