1.

Legislation:

- Legislation refers to laws enacted by a legislative body, such as a parliament or congress. It is a primary source of
law and can take the form of statutes, acts, or codes. Legislators create laws to regulate various aspects of society, and
these laws are binding on individuals within the jurisdiction.

2. The Courts:

- The judiciary, or the courts, is another source of law. Courts interpret and apply laws, making decisions on specific
cases. Through the legal principle of precedent (common law systems), court decisions can become a source of law
themselves. The judiciary plays a crucial role in the development and clarification of legal principles.

3. Customs:

- Customary law is derived from the practices and traditions of a community. It is a source of law that evolves over
time based on the customs and behaviors of a particular society. In some legal systems, especially those influenced by
common law, customs may be recognized and enforced by the courts.

4. Writings of Jurists:

- Legal scholars and jurists contribute to the development of legal thought and principles through their writings.
While not a primary source of law, legal writings can influence the interpretation and understanding of legal concepts.
These writings may include legal commentaries, academic articles, and treatises.

5. Equity:

- Equity refers to the body of principles that supplement and, in some cases, override strict legal rules. In many legal
systems, equity developed as a response to perceived shortcomings in common law. It allows courts to provide
remedies based on fairness and justice, even if the strict application of the law would lead to unjust results.

3)

advice following parties regarding the court of law, they should refer their cases. You should explain the reasons for
your advice.

Kamal and Amal are friends for ten years. there was a strong disappointment regarding their political views among
themselves. as a results, Kamal and Amal fought, and Amal was injured very badly. consequently, Amal lost his tooth
advice Amal

If Kamal and Amal find themselves in a situation where legal action is being considered due to the injury sustained
during their fight, the following advice can be provided:

1. Seek Medical Attention:

- Before considering legal action, Amal should prioritize seeking immediate medical attention for the injuries
sustained during the fight. This is crucial for his well-being and will also provide documented evidence of the extent
of his injuries.

2. Document the Incident:

- Amal should document the details of the incident, including the sequence of events leading up to the fight. This
may include any verbal exchanges, attempts to resolve the conflict, and the circumstances surrounding the physical
altercation.

3. Gather Evidence:

- Collect any available evidence, such as photographs of injuries, witness statements, or any other relevant
documentation that can support Amal's account of the incident.
4. Preserve Medical Records: - Keep detailed records of all medical treatments received, including bills and reports.
These records can be important in assessing damages and establishing a connection between the injuries and the
incident.

5. Consider Alternative Dispute Resolution (ADR): - Before pursuing litigation, Amal may want to explore
alternative dispute resolution methods, such as mediation. A mediated settlement can provide a more amicable
resolution without the adversarial nature of a court proceeding.

6. Consult with an Attorney: - If Amal decides to pursue legal action, he should consult with a personal injury attorney.
An attorney can provide legal advice based on the specific circumstances of the case and guide Amal through the legal
process.

7. Understand Legal Options: Amal should be informed about the legal options available to him, including potential
claims for medical expenses, pain and suffering, and other damages. A legal professional can help him understand the
strengths and weaknesses of his case.

8. Consider Long-Term Implications: - Amal should carefully consider the long-term implications of pursuing legal
action, including potential strain on his relationship with Kamal. It's important to weigh the benefits and drawbacks
of pursuing a legal remedy

Namali leased her land to Kamal for a term of three years. However, Kamal forcefully occupied that land after the
completion of three years. Now, Namali wants to file a case against Kamal for the unlawful occupation of land after
the completion of three years lease agreement. Advise Namali.

Namali, facing Kamal's forceful occupation after the lease term, should:

1. Gather Lease Documents: Collect the lease agreement and related paperwork.

2. Document Forceful Occupation: Record evidence of Kamal's unauthorized stay, such as witness statements.

3. Serve a Notice to Quit: Formally instruct Kamal to vacate the land, referencing the lease completion.

4. Consult with an Attorney: Seek legal advice from a property attorney to understand options.

5. Consider Filing Lawsuit: If necessary, file a lawsuit for unlawful occupation, seeking eviction.

6. Present Evidence in Court: Attend court proceedings with legal representation, presenting evidence.

7. Seek Eviction Order: Obtain a court order for eviction, if successful in the legal proceedings.

8. Explore Damages: Assess if damages are applicable and seek compensation in the lawsuit.

9. Follow Legal Procedures: Adhere to proper legal procedures throughout the process.

10. Enforce Court Decision: Ensure law enforcement authorities enforce the court's eviction order.

(c) Sarani and Sandun got married on 25th May 2017 and gave birth to a child named Sadunika. Now she issixyears
old. Since the parents are divorced, the child is with the maternal grandmother. Hence there is no security and welfare
for the child in that place. Therefore, Sarani wants to get custody of her child. Advise Sarani.

(c) Advice for Sarani seeking custody of her child:

1. Consult with an Attorney: Sarani should seek legal advice from a family law attorney who specializes in child
custody matters.

2. Understand Custody Laws: Gain a clear understanding of child custody laws in the relevant jurisdiction,
considering factors such as the best interests of the child.
3. Document Concerns:- Document specific concerns about the child's security and welfare in the current living
arrangement. Include any evidence that supports Sarani's claim.

4. Explore Mediation: - Consider mediation as an initial step, attempting to reach an agreement with the child's
maternal grandmother. Mediation can be a less adversarial way to resolve custody disputes.

5. File for Custody: - If mediation is unsuccessful, Sarani may need to file for custody in family court. The court will
consider various factors, including the child's well-being and parental capabilities.

6. Demonstrate Parental Fitness: - Prepare to demonstrate Sarani's fitness as a parent, providing evidence of a stable
and nurturing environment for the child

7. Consider Joint Custody: - Evaluate the possibility of joint custody arrangements that ensure the child maintains a
relationship with both parents, if feasible.

8. Court Evaluation: - Be prepared for a court evaluation process where professionals assess the child's living
conditions and interview involved parties.

9. Attend Court Hearings: - Attend all court hearings and cooperate with legal proceedings to present the case
effectively.

10. Follow Legal Advice: - Adhere to legal advice and court orders throughout the process, ensuring compliance with
custody arrangements determined by the court.

(d) Rajeshwaram was one of 40 officers who applied for the position of Assistant Director of a Government
Organization. However, a circular was issued to conduct that recruitment using an ethnic quota system. As a result,
Rajeshwaram was not promoted since he was a Tamil candidate. On the other hand, the other 30 Sinhala candidates
were chosen as Assistant Directors of that government Organization. Advise Rajeshwaram.

(d) Advice for Rajeshwaram facing ethnic quota discrimination:

1. Consult with an Employment Attorney: - Seek legal advice from an employment attorney who specializes in
discrimination cases.

2. Document the Discrimination: - Collect evidence of the discriminatory practices, including the circular and any
correspondence related to the promotion process.

3. Understand Anti-Discrimination Laws: - Familiarize yourself with anti-discrimination laws and regulations
applicable in the jurisdiction. Identify any legal provisions that address ethnic quotas and promotions.

4. File a Complaint: - File a formal complaint with the relevant government or labor department, outlining the
discriminatory actions and providing supporting evidence.

5. Explore Remedies: - Explore legal remedies available, which may include filing a complaint with the Human
Rights Commission or other relevant authorities.

6. Consider Legal Action: - If the initial complaint does not result in a satisfactory resolution, consult with your
attorney about the possibility of taking legal action against the organization for discrimination.

7. Join Forces: - Explore the possibility of joining forces with other affected candidates to strengthen the case against
the discriminatory practices

8. Review Employment Contract: - Review the terms of your employment contract to understand if there are any
clauses or provisions related to promotions and discrimination.
9. Keep Records: - Maintain detailed records of all interactions, communications, and events related to the
discrimination, as these may be crucial in legal proceedings.

10. Be Prepared for Legal Proceedings: - Be prepared for potential legal proceedings, and work closely with your
attorney to build a strong case and seek justice.

(e) The Government decided to construct a building near the Sinharaja forest area, and it requires an Environment
Impact Assessment to be approved. However, Government authority is going to commence the project without
obtaining that Environmental Impact Assessment. As an Environmental activist, from which court that you can halt/ .
stop that project?

(e) Advice for the Environmental Activist wanting to halt the construction project:

1. Identify Relevant Court: - Determine the court with jurisdiction over environmental matters, which may be an
environmental court or the appropriate civil court.

2. Review Environmental Laws: - Familiarize yourself with environmental laws and regulations that govern
construction projects and require an Environmental Impact Assessment (EIA).

3. Document Violations: - Document evidence that the government is proceeding without obtaining the required
EIA, showcasing the potential environmental impact.

4. Consult with Environmental Lawyers: - Seek advice from lawyers specializing in environmental law to understand
legal options and strategies.

5. File an Injunction: - If there is clear evidence of legal violations, file for an injunction in court to temporarily halt
the construction project until the necessary environmental assessments are completed.

6. Notify Authorities: - Report the situation to relevant environmental protection agencies and authorities, urging
them to intervene and enforce compliance with environmental laws.

7. Engage the Public: - Mobilize public support by raising awareness about the environmental impact of the project
and garnering community involvement.

8. Petition the Court: - Consider filing a formal petition with the court, outlining the violations and requesting judicial
intervention to halt the project until proper assessments are conducted

9. Seek Expert Opinions: - Include expert opinions and studies in your case, demonstrating the potential harm to the
environment if the construction proceeds without the required assessments.

10. Attend Court Hearings: - Actively participate in court hearings, presenting your case, and collaborating with legal
representatives to advocate for the enforcement of environmental laws.

2020 /01/31

1. (a) ‘’.. Sri Lanka is a country having multiple legal systems. While some laws are introduced by
colonial powers others have indigenous roots’’
Discuss the composition of the Sri Lankan legal regime in the light of the above statement.
Sri Lanka's legal regime is characterized by a diverse composition that reflects its historical, colonial, and indigenous
roots. The legal system in Sri Lanka is a blend of laws introduced during colonial periods and those with indigenous
origins. Here's an overview of the composition of the Sri Lankan legal regime:

1. Colonial Influence:

- Roman-Dutch Law: Introduced during the colonial era by the Dutch and later modified by the British, Roman-
Dutch Law significantly influenced the legal system. It is particularly relevant in matters related to contracts, property,
and civil liability.
 - English Common Law: The British colonial period left a lasting impact on Sri Lanka's legal system. English
Common Law forms a crucial component, especially in areas such as criminal law, administrative law, and
constitutional law.

2. Indigenous Roots:

- Kandyan Law: In regions like Kandy, traditional Kandyan Law has persisted. It governs matters related to
marriage, property, and inheritance. Even though it has been influenced by Hindu customary law, it maintains a distinct
identity.

- Thesavalamai Law: Applicable to Tamils in the Northern and Eastern provinces, Thesavalamai Law governs
personal and family matters. It is rooted in customary laws and has specific provisions related to marriage, inheritance,
and property rights.

- Muslim Law: Sri Lanka's Muslim community follows Islamic law (Sharia) in personal matters such as marriage,
divorce, and inheritance. This legal system operates alongside the general legal framework, recognizing the cultural
and religious diversity of the country.

3. Constitutional Framework:

- The legal regime is shaped by the Constitution of Sri Lanka. The constitution, especially after post-independence
amendments, establishes the structure of the government, fundamental rights, and the judiciary. The constitution
reflects a mix of British constitutional principles and indigenous governance concepts.

In conclusion, the legal regime in Sri Lanka is indeed a complex amalgamation of laws introduced during colonial
rule and those with indigenous roots. This composition reflects the country's rich historical and cultural diversity, with
different legal systems coexisting to address the needs and concerns of various communities within Sri Lanka. The
challenge lies in maintaining a harmonious balance between the diverse legal traditions while ensuring justice,
equality, and protection of individual rights.

(a) Vicarious Liability:

Vicarious liability refers to a legal doctrine where one party is held responsible for the actions of another. In an
employment context, an employer can be held vicariously liable for the wrongful acts or negligence of their employees
committed in the course of employment. This principle holds that the employer is responsible for the actions of
employees while carrying out their duties, even if the employer did not directly contribute to the wrongdoing.

(b) Consideration and Asia Causa:

Consideration is a fundamental element in the formation of a valid contract. It involves something of value exchanged
between parties to a contract. Asia Causa, a Latin term, means "for some reason." The doctrine of Asia Causa holds
that as long as there is a reason for making a promise, it can be considered valid consideration, even if it is not adequate.
This principle widens the scope of what can be considered valid consideration in contract law.

(c) Restrictions on Fundamental Rights:

While fundamental rights provide individuals with certain liberties and protections, they are not absolute.
Governments may impose reasonable restrictions on these rights in the interest of public order, morality, health, and
the general welfare. The restrictions must meet constitutional standards, and the principle of proportionality is often
applied to ensure that limitations are reasonable and do not unduly infringe upon fundamental rights.

(d) Incapacitated Parties to a Contract:

Certain individuals may lack the legal capacity to enter into a contract. This includes minors, persons of unsound
mind, and those under the influence of intoxicants. Contracts entered into by incapacitated parties may be voidable.
However, contracts with certain incapacitated individuals, like minors, may be binding depending on jurisdiction and
the nature of the contract.
(e) Invitation to Treat:

An invitation to treat is a preliminary communication that invites others to make an offer. It is not a binding offer but
an expression of willingness to negotiate or receive offers. Common examples include advertisements, price lists, and
displays of goods. The key distinction is that it does not express a clear intention to be legally bound, and the party
making the invitation is free to accept or reject any subsequent offers received.

2022/01/31
(a) Labour Tribunals:

Labor tribunals are specialized legal bodies established to resolve disputes and issues related to labor and employment.
These tribunals typically handle matters such as wrongful dismissals, employment contract disputes, and violations of
labor laws. The objective is to provide a fair and efficient forum for resolving employment-related conflicts outside
of regular court proceedings. Labor tribunals play a crucial role in upholding workers' rights and maintaining a
balanced employer-employee relationship.

(b) Right to Environment as a Human Right:

The right to a healthy environment is increasingly recognized as a fundamental human right. It encompasses the right
to live in a clean, safe, and sustainable environment. Individuals have the right to access information, participate in
environmental decision-making processes, and seek legal remedies in case of environmental harm. This right
acknowledges the interdependence between human well-being and a healthy environment, emphasizing the
importance of environmental protection for the present and future generations.

(c) Fundamental Rights under the 1978 Constitution:

The 1978 Constitution of Sri Lanka outlines fundamental rights and freedoms guaranteed to its citizens. These rights
include, among others, the right to equality, freedom of speech and expression, freedom from torture, and the right to
property. The Constitution serves as a safeguard against arbitrary state actions and protects the dignity and
fundamental freedoms of individuals. The judicial review mechanism enables citizens to seek remedies if their
fundamental rights are violated.

(d) Right to Information Commission:

The Right to Information Commission is an independent body established to promote transparency and accountability
within government institutions. It facilitates citizens' access to information held by public authorities, empowering
them to make informed decisions and participate in democratic processes. The commission ensures that the right to
information is upheld, investigates complaints, and adjudicates disputes related to information disclosure.

(e) Constituent Elements of a Crime:

The constituent elements of a crime, often referred to as the "actus reus" and "mens rea," represent the essential
components that must be present for an act to be considered a criminal offense.

- Actus Reus: This refers to the physical act or conduct that constitutes the criminal offense. It includes voluntary
actions, omissions, or a state of affairs that the law deems criminal.

- Mens Rea: This refers to the mental state or intent behind the criminal act. It involves the defendant's awareness of
committing an unlawful act or the reckless disregard for the consequences of their actions.

Understanding both actus reus and mens rea is crucial in criminal law, as the prosecution must prove that both elements
are present beyond a reasonable doubt for a conviction to occur.
2019/01/31

5. (i) Legal Systems in Sri Lanka:

1. Roman-Dutch Law:

- Application: Roman-Dutch Law has significantly influenced the legal system in Sri Lanka, especially in matters
related to contracts, property, and civil liability. It is applicable in the areas of private law and is often used in the
resolution of civil disputes.

2. English Common Law:

- Application: English Common Law is another major legal system in Sri Lanka, inherited during the colonial
period. It is applicable in various areas, including criminal law, administrative law, and constitutional law. The
principles of stare decisis (precedent) are often applied in common law cases.

3. Customary Law:

- Application: Customary law plays a role in resolving issues related to personal matters, family law, and
inheritance. Different communities, such as the Kandyan community, follow their own customary laws alongside
general legal principles.

5. (ii) Supremacy of Parliament:

The "Supremacy of Parliament" refers to the constitutional principle where the legislative body (parliament) holds the
highest authority in the legal and political system. It means that the laws enacted by the parliament take precedence
over other laws and institutions. In a parliamentary system, the parliament has the power to make, amend, or repeal
laws without being overridden by other branches of government.

5. (iii) Importance of Supremacy of Parliament in a Democratic State:

Yes, the supremacy of parliament is important in a democratic state for several reasons:

- Representative Democracy: Parliament, as the elected representative body, reflects the will of the people. Granting
it supremacy ensures that legislative decisions align with the democratic mandate received from voters.

- Effective Legislation: A supreme parliament can pass laws efficiently, responding to societal needs and changes.
This agility is crucial for addressing emerging issues and enacting reforms.

- Political Accountability: The supremacy of parliament reinforces political accountability. Elected representatives
can be held responsible for their legislative decisions, promoting transparency and responsiveness to public concerns.

- Separation of Powers: While parliamentary supremacy is vital, it should coexist with checks and balances,
ensuring a fair distribution of power among different branches of government. This prevents abuses and ensures a
balanced democratic system.

6. Write Notes:

i. Termination of Employment:

- Termination of employment refers to the end of the employer-employee relationship. It can occur for various
reasons, including resignation, retirement, mutual agreement, or termination for cause. Employment laws often
regulate the termination process, ensuring fairness and protecting employees' rights.
ii. Termination of Contract:

- Termination of a contract involves ending the contractual relationship between parties. It can occur through mutual
agreement, performance, breach of contract, or specific termination clauses. Legal consequences and obligations after
termination are typically outlined in the contract.

iii. Classification of Constitution:

- Constitutions can be classified into written and unwritten or codified and uncodified. A written constitution is
explicitly documented, while an unwritten constitution relies on statutes, conventions, and common law. Codified
constitutions are contained in a single document, while uncodified constitutions are a collection of statutes and
traditions. Sri Lanka has a written constitution.

2018/01/31

i. Separation of Power:

- Definition: Separation of powers is a constitutional principle that divides the functions of government into distinct
branches—usually the legislative, executive, and judicial branches—to prevent the abuse of power.

- Purpose: It aims to ensure a system of checks and balances, preventing the concentration of power in one branch.
Each branch has its own responsibilities, and no branch should exercise the powers of the other branches.

- Application: The separation of powers is a foundational concept in many democratic systems, including Sri Lanka,
to safeguard against tyranny and promote effective governance.

ii. Sources of Law:

- Legislation (Statutory Law): Laws passed by legislative bodies, such as parliament, are a primary source of law.

- Common Law: Legal principles developed through judicial decisions in previous cases.

- Constitutional Law: The fundamental law of a country, outlining the structure of government and individuals'
rights.

- Customary Law: Practices and customs recognized as legal in specific communities.

- International Law: Treaties, conventions, and customary practices between nations.

iii. Court of Appeal:

- Role: The Court of Appeal is an intermediate appellate court that hears appeals from lower courts and tribunals.
It reviews decisions to ensure they were made correctly and fairly.

- Jurisdiction: It has jurisdiction over both civil and criminal matters, serving as a crucial part of the judicial system's
hierarchy.

- Composition: The Court of Appeal is typically composed of multiple judges, and its decisions contribute to the
development of legal precedent.

iv. Requirements for the Formation of a Valid Contract:

- Offer and Acceptance: There must be a clear offer made by one party and an unqualified acceptance by the other.

- Intention to Create Legal Relations: Both parties must intend for the agreement to be legally binding.

- Consideration: Something of value exchanged between the parties.

- Legal Capacity: Parties must have the legal capacity to enter into a contract.

- Legal Purpose: The purpose of the contract must be legal and not against public policy.

- Certainty and Possibility of Performance: Terms of the contract should be clear, and performance must be possible.

v. Termination of Employment:

- Resignation: Voluntary termination by the employee.

- Retirement: Ending employment due to reaching a certain age.

- Dismissal (Termination for Cause): Employer terminates the employment contract due to employee misconduct
or poor performance.

- Redundancy: Termination due to the employer's business needs, not the employee's performance.

- Constructive Dismissal: Employee resigns due to a fundamental breach of contract by the employer.

- Mutual Agreement: Both parties agree to terminate the employment relationship.

2016/01/31

i. Contract of Employment:

A contract of employment is a foundational legal agreement between an employer and an employee. It encompasses
essential elements like offer and acceptance, specifying terms such as job duties, working hours, and compensation.
This agreement creates a mutual understanding, outlining the rights and obligations of both parties. Whether
permanent, temporary, or fixed-term, a well-defined contract of employment contributes to a stable and lawful
employer-employee relationship.

ii. Labour Tribunals:

Labour tribunals play a pivotal role in resolving disputes within the realm of labor and employment. These specialized
legal bodies address issues such as wrongful dismissals and violations of labor laws, ensuring fair resolutions. With
jurisdiction over labor-related matters, their decisions significantly impact the working relationship between
employers and employees. Labour tribunals serve as accessible forums for seeking justice and upholding workers'
rights in the realm of employment law.

iii. Illegal Contracts:

Illegal contracts are agreements tainted by unlawful activities, rendering them void and unenforceable. Examples
include contracts involving illegal substances or criminal activities. The legal system does not recognize or provide
remedies for such contracts due to their inherently illicit nature. Understanding and avoiding illegal contracts are
crucial for maintaining legal integrity and ensuring the enforceability of agreements in various legal jurisdictions.

iv. Types of Employment:

The diversity of employment types reflects the evolving nature of work arrangements. Permanent employment offers
stability, while temporary and casual employment cater to short-term needs. Part-time roles provide flexibility, and
contractual employment aligns with project-based commitments. Freelance or self-employed arrangements represent
independence. Recognizing these types helps individuals and employers navigate the complexities of the modern
workforce, promoting fair and suitable employment relationships.

Yet, the Roman Dutch Law remains the residuary or the common law of Sri Lanka. Needless to say
the Common Law has been modified in many directions, both expressly and by necessary
implication by our statute law and also by judicial decisions.

Facts
The defendant, the Carbolic Smoke Ball Company, placed an advertisement in a
newspaper for their products, stating that any person who purchased and used their
product but still contracted influenza despite properly following the instructions would
be entitled to a £100 reward. The advert further stated that the company had
demonstrated its sincerity by placing £1000 in a bank account to act as the reward. The
claimant, Mrs Carlill, thus purchased some smoke balls and, despite proper use,
contracted influenza and attempted to claim the £100 reward from the defendants. The
defendants contended that they could not be bound by the advert as it was an
invitation to treat rather than an offer on the grounds that the advert was: mere ‘puff’
and lacking true intent; that an offer could not be made ‘to the world’; the claimant had
not technically provided acceptance; the wording of the advert was insufficiently precise;
and, that there was no consideration, as necessary for the creation of a binding contract
in law.

Issue
Whether the advert in question constituted an offer or an invitation to treat.

Held
The Court of Appeal found for the claimant, determining that the advert amounted to
the offer for a unilateral contract by the defendants. In completing the conditions
stipulated by the advert, Mrs Carlill provided acceptance. The Court further found that:
the advert’s own claim to sincerity negated the company’s assertion of lacking intent; an
offer could indeed be made to the world; wording need only be reasonably clear to
imply terms rather than entirely clear; and consideration was identifiable in the use of
the balls.