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Assignment 1

Law Law is the set of enforced rules under which a society is governed. Law is one of the most basic social institutions-and one of the most necessary. No society could exist if all people did just as they pleased without regard for the rights of others. Nor could a society exist if its members did not recognize that they also have certain obligations toward one another. The law thus establishes the rules that define a person's rights and obligations. The law also sets penalties for people who violate these rules, and it states how government shall enforce the rules and penalties. However, the laws enforced by government can be changed. In fact, laws frequently are changed to reflect changes in a society's needs and attitudes. Law can be either public or private.  Public Law: These are the laws that regulate the structure and administration of the government. Public Law can be divided into three classes: 1. Constitutional Law 2. Administrative Law 3. Criminal Law Private Law: Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts[1] (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that effects the public order. In general terms, private law involves interactions between private citizens, whereas public law involves interrelations between the state and the general population. Private Law includes: 1. Contract 2. Agency 3. Sales 4. Surety Ship 5. Negotiable Instruments Sources of Law:

a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Members of the Senate are elected by the Provincial Assemblies and serve for a period of six years. Agreements Four Current sources of Law in Pakistan  Holy Quran: Fundamental laws of Islam are contained in Holy Quran and this is the primary source of law in Islam. It is the original. respectively. Custom: A custom is a rule which in a particular family or in a particular district or in a particular section. with a constitutionally mandated strength of 104 members. of which 17 are reserved for women and 4 for religious minorities. The Parliament meets at the Parliament House building in Islamabad. Legal Sources are: 1. ages and people. The National Assembly has 342 seats. According to the constitution. its teachings shall ever remain the fountain of all guidance of all times. It is a bicameral federal legislature that consists of the Senate and the National Assembly. 60 are reserved for women and a further 10 for religious minorities. Legal Sources: They are infact the instruments of the state by which legal rules are framed. the upper and lower houses. class or tribe. 272 of which are directly elected. This is the first and the great legislative Code of Islam. Legislatures 2. Legislation: The Parliament of Pakistan. Senate: The Senate of Pakistan is the upper house of parliament. Precedent: In common law. the President of Pakistan is also a component of the Parliament. Precedent 3. primary. According to the Constitution. has from long usage obtained the force of law. Formal Sources: These are the sources from which the law derives its force and validity.   Material Sources: The sources of the ideas which go to make up law may be called the informal or material sources. It is the last Book of His revelations for entire humanity. On points and matters where there is direct mandate of the Holy Quran the same are to be decided and handled in accordance therewith. officially termed the Majlis-e-Shoora is the federal and supreme legislative body of Pakistan. Customary Conducts 4. National Assembly: The National Assembly of Pakistan is the lower house of the parliament. Custom as a source of law      . where debating chambers for both houses are present. the President cannot dissolve the Senate. basic and most fundamental source of the Islamic Shariah. Hence.

The essentials of a (valid) contract are: Offer and acceptance : For a valid contract.55.000 to B. Contract LawS in Pakistan: Essentials of a contract The general law of contract in Pakistan is contained in the Contract Act 1872.55. Example : A agrees to sell his Sony Vivo Laptop for rupees 55.000 to B. It is an exemption to the ordinary law of the land.It must be lawful.Both have made a promise. Legal obligation : For a valid contract.It is a price paid for the promise made by one party to another.A has an offer and if B accepts.000 to B.contract will be valid when both parties get something. The Act defines "contract" as an agreement enforceable by law.Their must be an offer made by one party and should be accepted from the other party.000 is a consideration for A and the Laptop is a consideration for B.Its an acceptance given by B.Both the offerer and offeree must creat legal obligation.consideration may be some benefit to other party.B agreed.Both the parties should fulfil their side of promises.B accepts.got recognition since the emergence of savigny on the horizon of jurisprudence. Example : A has offered his Sony Vivo Laptop for rupees 55. Example: A agrees to sell his Laptop Rs.This has created a legal relationship.The offer must be enforceable.Now Rs. . and every custom is limited in its application. Lawful consideration : For a valid contract.in order to save themselves from breach.

000.000. Example : A aged 20 has promised to sell his Laptop to B for 55. Certainity of terms : .They should not be insane or mental.the more chances of getting into a written form. Example : As we know.The value is high enough to put the contract in writing.consent must be free. Lawful object : A valid contract also demands that.B knowing the conditions accepted.B accepts.The contract is being made in written form for B.Now the object is completley legal as A has all the documents of the particular object. Free consent : A contract is valid only when both the parties agree on the same things in same sense and manner.The value of asset consumed by A is 55.Capacity of parties : A contract is valid only when both parties are normal.So.The more the value.immoral and against public. Example : A agrees to sell his Laptop to B. Example: A offers his Laptop for 55.It depends on value of the asset.This makes the consent free.The object for which contract is being made should not be illegal.It is a valid contract because A is competent. Writing and registration : A contract may be oral or written.000 to B.

then the agreement to discharge must be supported by fresh Consideration. in the following circumstances.he has fully specified that which one out of 2 is offering to B. Discharge of contract A Contract is deemed to be discharged. Ability of performance : The valid contract must be capable of being performed. the agreement to discharge will not be binding. Example : A has 2 Laptops of Sony Vivo. if one party has fulfilled his obligation and the other has not. it not always clear when a contract has been performed.e.. If the painter and I agree to abandon the work. For example.    . Agreement. and the painter does not turn up. frustration).A valid contract also demands that asset must be specified. if a contract is frustrated (i. That is.Full information should be given. all parties have satisfied the requirements of the contract to the satisfaction of the other parties. or what should happen in the event of Part performance of contract. However. completed and no longer binding. or to take legal action. If the contract is still wholly executory (in progress) then there is no problem here.which then made B to accept.  Performance. without legal excuse (e. suppose I pay in advance. However. If I later decide to take legal action against the painter. The overwhelming majority of contracts are discharged this way. the most common is Frustration of contract. The painter does not turn up to do the job. However. as neither party is set to lose out. because the painter offered no consideration Legal reasons for discharge without performance. Example : A agrees to sell his Laptop to B.It is something that can performed. and agree to write off the payment and discharge the contract.he has given every detail to B. impossible to perform) then it may be considered discharged without legal consequences. with an agreement to pay on completion. suppose I hire someone to paint my house.g. There are few of these.. A Breach of contract is a refusal by one party to abide by its terms. I may decide that it is not worth my while to compel the painter to work. Breach. then the contract is discharged. that is.