NAME: IKRAMULLAH KHAN (BL-1246)

SECTION: (C) 6TH SEMESTER

SUBJECT: JURISPRUDENCE II
TEACHER: SIR IRFAN HASSAN ANSARI

Q NO 1

Agreement
Agreement is a prerequisite to a contract and is defined as a promise having any
consideration. A Promise is said to form when an offer made by one party is
accepted by the other.

OFFER + ACCEPTANCE = PROMISE

PROMISE + CONSIDERATION = AGREEMENT

Combining both definitions, we can have an elaborate definition of agreement

as under,

An agreement is formed when offer is accepted and the offeror and the acceptor
get some consideration in return.

OFFER + ACCEPTANCE + CONSIDERATION = AGREEMENT

The promise made should involve a lawful object, otherwise offer and
acceptance will be invalid and the agreement void/invalid.

Example: Mr. Aslam offers Mr. Ahmed to repair his car for Rs. 1000/- which
Ahmed accepts.

The offer made by one party is accepted by another party which also involves
consideration for both. For Aslam consideration is his fees in monetary terms
and for Ahmed consideration is his repaired car or the peace/satisfaction he gets
out of it.

Further, when an agreement is enforceable at law it turns out to be a contract.

Therefore, agreement is a prerequisite for a contract. In the above example
agreement does not involve any illegal or unlawful object, thus the agreement
made will be enforceable at law in a case either party subsequently refuses to
play their part of the agreement.

When object of any agreement is prohibited at law, its offer as well as

acceptance will be invalid thus rendering the whole agreement invalid. E.g.
agreement to set public property on fire is invalid and void. Contrariwise, the
agreement will be valid.

Void Agreement

Void agreement is an invalid agreement which lacks the essentials of a valid

agreement that is lawful object, valid offer and acceptance, consideration etc.
These agreements do not form contract because they lack enforceability.

Example 1: Akram coerces Amir to agree to sell his expensive car worth 5
million to him for 100000/- rupees only

Example 2: Salam offers Salim to kill Sam against some payment.

In the example 1 above, acceptance of Amir was forcibly sought and the
agreement lacked consideration for Amir. Therefore, the agreement did not
involve a valid acceptance and consideration rendering the transaction and the
agreement void.

As for the example 2, the object i.e. killing somebody, is unlawful. Therefore,
the agreement is unlawful and void.

Void Agreements are void ab initio that is they are void since their inception,
due to the absence of the elements of a valid agreement. These cannot be
enforceable at a court of a law and thus they do not form any contract. Thus the
breach of the promise by either of the parties cannot be challenged and damages
cannot be claimed against those void agreements.
Voidable Agreement:

Voidable agreements are valid agreements at the option of one party which can
turn them void. These agreements thus confer the rights of enforceability on one
of the parties, which has authority to turn the agreement void. Agreements with
minors are voidable.

Example: Sajjad is entered to partnership at the age of 16 year. On attaining the

age of majority i.e. 18 years, he declines to be part of the firm. Thus the
agreement which was valid at the time of his entry is rendered void with
declination/rejection of the offer to be part of the firm anymore.

In other example if a son threatens their parents to transfer property in his name
or he will commit suicide and the parents agree to yield. Later on the parents
may take a plea that the threat of suicide was tantamount to coercion and the
agreement that erstwhile seemed valid will be turned void.

Q NO 2
OWNERSHIP
According to the jurisprudence, ownership is the relation between a person and
an object or the thing that he owns or has absolute right over it and this right is
in rem and it can be enforced against the whole world. Ownership is the right
which is enjoyed by the owner himself and he can transfer and alienate that
right towards another person in his life time. According to many people
possession and ownership are same but in law the concept of both terms is
different from each other like, in possession person has physical control over
thing for any particular time period but in ownership a person has absolute right
and as well as has possession of that particular thing.

Austin defines ownership as, a right indefinite in point of a user; there are no
restrictions in disposition of that right and unlimited in point of the time and
duration. Holland also agreed with the definition of the Austin and defined
ownership as absolute right over anything.

But according to Salmond, ownership show the relation between a person and
the right vested in him.

ESSENTIAL INGRIEDIENTS OF OWNERSHIP

  The owner has liberty and right to use the thing that he owns and prevent
others from interfering in it.
 The owner can dispose or transfer his right to another at his will.
 He has right of possession over the thing or object he owns.
 He can alienate the object he owns.

Types of ownership

 Corporeal and incorporeal

 Sole and co-ownership
 Trust and beneficial ownership
 Vested and contingent
 Legal and equitable

POSSESSION

According to jurisprudence, Possession means physical control over anything or

an object legally and also a person shows intention to enjoy or exercise that
right. For example; A has paper in his hand we can say A possesses that paper.
A person who possesses anything is called as possessor.

According to salmond, possession means continuous exercise of the claim to

exclusive use of any object. It is said that ownership is only the legal concept
but possession is legal and as well as the factual concept.

Essential ingredients of possession

 Actual power over the possessed object

 Possessor must have intention to enjoy that right and prevent other
people from interference in it.

TYPES

 Corporeal and incorporeal possession

 Constructive possession
 Mediate and immediate possession
 Adverse possession
Q NO 3
JURISPRUDENCE
The word jurisprudence is came or derived from Latin word ‘jurisprudentia’
that means knowledge of law or skill of law that’s why it is said that
jurisprudence is an instrument or method to enact laws or do legislation or to
make laws. It was evolved from the Roman era and changed according to the
needs of the society and the world. The masters of jurisprudence are called
jurists.

It is very difficult to define the jurisprudence, some people think that

jurisprudence is the law but jurists declined those statements and told that
jurisprudence is a method to make laws. Bentham is called as the father of
jurisprudence. Jurisprudence is also called as the eye of law and helps the legal
authorities to interpret the laws.

AUSTIN

According to Austin, he termed jurisprudence as science and was the first jurist
to term jurisprudence as science. He said that ‘jurisprudence is the philosophy
of positive law’. In other words we can say that it is not moral philosophy but is
the scientific study of positive law. Austin divided jurisprudence into two
branches particular and general jurisprudence which was criticized by other
jurists like salmond and Holland.

HOLLAND

Holland defined jurisprudence as the formal science of positive law. It was also
criticized by other jurists.

SALMOND

According to salmond, jurisprudence is the science of the principles of the civil

law.

TYPES OF JURISPRUDENCE

 ANALYTICAL JURISPRUDENCE, it analysis the basic principles of

law.
 HISTORICAL JURISPRUDENCE, it provides the history of legal
principles and concepts of legal system.
 ETHICAL JURISPREDENCE, It provides the ethical significance and
adequacy of the law.
 PHILOSOPHICAL JURISPRUDENCE, it deals with the philosophy
of law.