Professional Documents
Culture Documents
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Paper Pattern
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Paper Pattern
4% 40 % 16 % 11 % 14 %
1% 8% 2% 2% 2%
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Challenges in
CAF-4
✓ Teaching through story telling. I have a comprehensive plan to We will use latest mind sciences
✓ Corelating with daily life. improve legal drafting through techniques for retention of
✓ Focus on concept. 25 -30 magical words. knowledge.
BC AD
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-500 -1 0 1 622 2021
Birth Of Jesus
Christ
Hijrah
حضرت عیسی Madinah
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Story of
Not Egypt X
✓ Writing
Not Greece X
✓ Astronomy Not Rome X
✓ Law
✓ Civilization
Mesopotamia
(present-day Iraq and Syria)
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Standardized
justice system.
Ch- 02
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Historical Evolution
of
Contract Law
Before British
Roman period British regime
regime
Pakistan adopted
Contract Act 1872
Contract Act 1872
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Offeree Object
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OFFER Offeree
OFFER Offeree
Ramla Loan Kamla
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Promise.
When the person to whom the proposal is made signifies his assent to
it, the proposal is said to be accepted.
A proposal, when accepted becomes a promise.
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Agreement.
Every promise and every set of promises forming the consideration for
each other is an agreement.
Contract.
An agreement enforceable by law is a “contract”.
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Tom Jerry
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Contract.
An agreement enforceable by law is a contract.
Contract
Agreement Enforceable
Offer + Acceptance by law
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Enforceable by Law?
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Enforceability.
Every contract is an agreement, but every agreement is not always a
contract. An agreement creating a legal obligation is said to be enforceable
by law. The parties to an agreement must be bound to perform their
promises and in case of default by either of them, must intend to sue. For
an agreement to be enforceable by law there should be legal obligation
instead of social, moral or religious obligation.
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Agreement
Social Commercial
Domestic
Intention to
Religious
create legal relation
Unless specifically
No intention to agreed upon
create legal relation
Unless specifically
agreed upon
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Donation NO
X M Religious Agr NO
OFFER ACCEPT
Mobile
X Y Commercial Agr YES YES
OFFER ACCEPT
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Adeel invited Babar on a dinner at his home. Babar accepted the invitation.
It is a social agreement. If Adeel fails to serve dinner to Babar then Babar
cannot go to court for enforcing the agreement and similarly if Babar did not
turn up then Adeel cannot go to court for enforcing the agreement.
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Kinds of Offer
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How made?
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Express Offer
Offeror
Offeree Object
Mr. Noman
Mr. Kamran
Spoken
Will Wordsmy houseWritten
you purchase Words
for Rs. 10,000,000
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Implied Offer
When the offer is not communicated expressly but communicated
by conduct or by the circumstances of the case, then offer is called
an implied offer.
By Action
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To whom made?
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OFFER
Essentials
Communication Communication of
special conditions
Objective of consent
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OFFER
Essentials Two persons
Conditional
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Essentials
A valid offer is one which is certain and
Two persons definite.
No contract can come into existence if
Certain and definite offer is uncertain.
Salman purchased a horse from Irfan and
Contractual intention
promised to buy another, if the first one
Communication proves lucky. Salman refused to buy the
second horse. Irfan could not enforce the
Objective of consent agreement, it being loose and vague.
Conditional
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Communication
Objective of consent
Conditional
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OFFER
Communication
Essentials
▪ The offer must be communicated to the
Two persons offeree.
Certain and definite ▪ The communication is complete when it
comes to the knowledge of the person to
Contractual intention whom it is made.
▪ In case an offer is made by post, its
Communication communication will complete when the
letter reaches the offeree.
Objective of consent
▪ An offer can be made by words spoken or
Conditional written or through conduct of the
person. 33
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OFFER Communication
Essentials
▪ Mohsin says to Noor that he is willing to
Two persons sell his motor cycle to him for Rs. 20,000.
Certain and definite This is an offer communicated expressly.
▪ A shoe shiner starts shinning one’s shoes,
Contractual intention without being asked to do so, in such
circumstances that any reasonable man
could guess that he expects to be paid for
this, this is an offer communicated
Objective of consent
impliedly.
Conditional
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Contractual intention
Communication
Objective of consent
Conditional
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OFFER Conditional
Essentials
An offer may be subject to some condition.
Two persons It is on the sole discretion of the person to
whom such offer is made to either accept or
Certain and definite
reject it. A conditional offer lapses when
condition is not accepted.
Contractual intention
Arslan offers to sell his furniture to Amjad
Communication for Rs. 250,000/- on the condition that
advance payment is made within three days
Objective of consent of the offer. If Amjad does not pay within
three days, he cannot accept the offer.
Conditional
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Invitation to
Offer
offer
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OFFER Communication of
special conditions
Essentials
When there are special terms and conditions
Negative confirmation in an offer these must be specifically
communicated to the other party.
Invitation of an offer
Communication of
special conditions
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When the person to whom the proposal is made signifies his assent to it, the proposal is
ACCEPTANCE
said to be accepted.
▪ Acceptance means assenting to an offer made.
▪ An offer when accepted becomes a promise. Mr. Kamran
Offeree Object
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Essentials of Acceptance
Communication
Reasonable time
Reasonable mode
Awareness of proposal
Negative confirmation
Once rejected can’t be
accepted
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Awareness of proposal
Negative confirmation
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Negative confirmation
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Reasonable mode
Awareness of proposal
Negative confirmation
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Reasonable time
Reasonable mode
Awareness of proposal
Negative confirmation
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Absolute and unconditional The acceptance must be given before the offer lapses
or is withdrawn.
Communication
Reasonable time
Reasonable mode
Awareness of proposal
Negative confirmation
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Awareness of proposal
Negative confirmation
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Communication Of proposal
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Acceptance
When the person to whom the proposal is made signifies his assent to it,
the proposal is said to be accepted. Therefore, the act of signifying the
assent to a proposal is “acceptance”.
The communication of acceptance of proposals is deemed to be made by
any act or omission of the party accepting by which he intends to
communicate such acceptance or which has the effect of communicating
it.
Note: A proposal is not considered accepted if the offeree remains silent.
It cannot be in the form of negative confirmation i.e. if it is not accepted
within a specific time then it will be presumed to have been accepted.
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Acceptance
Communication of acceptance when Complete.
Against the Proposer
▪ The communication of acceptance by post is complete as against the proposer
when it is put in a course of transmission.
▪ In case of acceptance made by post, the proposer becomes bound as soon as the
letter of acceptance is posted even if such letter is lost or delay.
Against the Acceptor
▪ The communication is complete as against the acceptor when it comes to the
knowledge of the proposer.
▪ In case of acceptance by post, the acceptor becomes bound when the letter of
acceptance is actually received, before that acceptor may revoke his acceptance.
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Proposal Acceptance
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Acceptance of Offer
Offeror
Offeree Object
Mr. B
Mr. A
Will you purchase my house for Rs. 10,000,000
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Acceptance of Offer
Offeror
Offeree Object
Mr. B
Mr. A
Will you purchase my house for Rs. 10,000,000
Acceptance of Offer
Offeror
Offeree Object
Mr. B
Mr. A
Will you purchase my house for Rs. 10,000,000
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Acceptance of Offer
Offeror
Offeree Object
Mr. B
Mr. A
Will you purchase my house for Rs. 10,000,000
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Communication
Telephone/telex/fax
▪ A contract by telephone / telex / fax is treated on the same principle
as an oral agreement made between two parties when they are face
to face with each other.
▪ In such cases, the contract will complete only when the acceptance is
received by the proposer and not when it is transmitted by the
acceptor.
▪ The offeree must make sure that his acceptance is received, heard
and understood by the offeror; otherwise there is no contract.
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Proposal Acceptance
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When it is put in a
course of transmission
A) As against the person to the person to whom
who make it it is made so as to be
out of the power of the
person who make it.
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Offeror
Offeree Object
Mr. B
Mr. A
Will you purchase my house for Rs. 10,000,000
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Offeror
Offeree Object
Mr Ghazi
Mr. Saleem
Will you purchase my laptop for Rs. 50,000
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01. (c) An offer is a proposal by one person to another for entering into a
legally binding agreement with him
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02. (c) An advertisement offering reward to anyone who finds the lost dog of
the advertiser is an offer.
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03. A letter of acceptance, for a lawful and legal matter, sufficiently stamped
and duly addressed is put into course of transmission. There is
(a) A valid contract as against the acceptor
(b) A contract voidable at the option of offeror
(c) No contract at all
(d) A valid contract as against the proposer
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06. (c) Intention to get assent of other party for offered act or abstinence.
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07. (d) For a valid offer there is needs to be two persons. A person cannot
make an offer to himself
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10. (b) Acceptance may be revoked at any time, before the communication of
acceptance is complete as against the acceptor
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11. (c) To himself because for a valid offer there needs to be two persons
at least.
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14. Abdullah offered by letter to sell Karim his motorbike for Rs. 5,000. Karim
wrote back saying he accepted the offer and would pay in two instalments at
the end of the two following months. Is there a contract?
a) No, because Karim is trying to amend the contractual terms. Abdullah can be
assumed to revoke the offer
b) Yes, there has been as offer and acceptance and a binding contract applies
c) No, Karim’s response constitutes a counteroffer and is effectively a rejection
of Abdullah’s offer
d) Yes, Karim’s response is merely a clarification of contractual terms.
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15. (b) The contract law deals with agreements having legal consequences.
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