Contracts - “In 'Common' made not in agreeing the past but in agreeing to do an act in the unpredictable future”.

The first quest of survival of a “Brand” is to minimize its operational problems. We know that every act relating to a business is a agreement and the cause of a problem are due to the lack of either in understanding or in promoting the predictable acts or due to a specifically expressed unpredictable act. Covenants in a agreement  always refers to the acts predictable (foreseen) and the cause of a problem may relate to a future happening that is because it has not been either predicted or descriptive during the course of the business. 

Agreements in common are not made to agree the past act but are agreed to do an act in the unpredictable future. If the above statement is true why we should be descriptive on the predictable acts leaving behind the acts unpredictable, the source of operational problems on the count is because it is not or it cannot be expressly or implied quoted.

The approach of business entities has changed and we are still considering most of the criminal acts during the course of the agreement as a Civil liability.The change in approach is what is required, a immediate change. A promise is to be respected or adhered like it is defined in our VEDAS and naturally such promises by such wise persons are only being performed, when the aforesaid adherence of legality is not been performed in large by the society.  it is being interpreted adversely and orders imply just compensations or provide with specific relief which should actually be a conviction. 

Codified law of contract, suits only to those businesses who are satisfied to do their business up to their limit of predictions. A combination of Law of Tort (Natural Justices)and the law of contract can only form a perfect forum, showering improvement in today's business which is unpredictable yesterday, today and tomorrow. 

Instead of we adding more and more pages of predictable covenants to our contracts it’s always worth to be simple, leaving the future acts in the hands of Justice, when the such relevant and applicable acts are in force. If not in force it is just chaos and no word shall be added to substitute the same precisely. As no commercial agreements recognizes Past Consideration I have mentioned those meant in COMMON.... 

Further a change shall be brought in our CONSTITUTION (the change that requires no approval of the parliament) which is simply to say THE FUNDAMENTAL DUTIES SHALL BE MADE BOLD(as it not bold so considered not mandatory)  andTHE FONTS DEFINING DUTIES SHALL BE INCREASED SO THAT IT SHALL LOOK BIG WHEN COMPARED TO the Fundamental Rights.... 

- By Sabarish Jayaraman