Jurisprudence II.

Titles, Vestitive facts, Classes and Types of agreements

Presentation By:
Barrister Abdul Khalique Shaikh
Titles, Vestitive facts, Classes
and
Types of agreements
Title in Jurisprudence
Title is a link between a person and an object to establish
ownership of property.

A title is the de facto antecedent of which the right is the

de jure consequent. Right of possession on ownership
comes in term of de facto first and later de jure.

For example, I have a watch on my hand. How it can be

said that it is my, or I have title over it. I have either
purchased it, or someone has gifted me, or I have
inherited it from elsewhere

It is right of ownership in fact and in law over property.

Kinds of Title

There are two kinds of title

• Investitive facts.

• Divestitive facts
Investitive facts
Investitive facts create rights. This right is created first
time on the objects, which are ownerless.

When I catch fish it is my original title and if I purchase

it from elsewhere then it is called derivative title.

Derivative right is second right, which is created after

gone away of original right.

Example: “A” buys a bike from “B”, here A is acquiring

a title from B hence such a fact is investitive with
respect to A and B is transferring to A, therefore, this
fact is divestitive for B.
Divestitive facts
If a right is transferred or extinguished then it is known
as Divestitive facts.

Kinds of Divestitive Facts:

Alienative right
Alienative right is right which is separated or transferable.
Example: Lessee transfers lease to in favour of a new lessee

Extinctive right
Extinctive right is right which is kept away or destroyed.
Example: A lessee surrenders lease over a property
 Bentham's Expression of Facts in
Tabular Form

Dispositive Facts

Investitive Facts Divestitive Facts Translative Facts

Collative Facts Impositive Facts

Destructive Exonerative
AGREEMENTS: CLASSES AND
TYPES
AGREEMENTS: CLASSES AND TYPES
If a right is transferred or extinguished then it is known
as Divestitive facts.

Kinds of Divestitive Facts:

Alienative right
Alienative right is right which is separated or transferable.
Example: Lessee transfers lease to in favour of a new lessee

Extinctive right
Extinctive right is right which is kept away or destroyed.
Example: A lessee surrenders lease over a property
Kinds of Agreements
Agreements may be classified into three broad groups
with respect to the creation, transfer and destruction
of rights.

Right Creating Agreements:

"those agreements that create a personal right are

known as CONTRACTS. Contracts create a personal
obligation between the consenting parties to do or
not to do certain thing in certs in manner in certain
time and through certain consideration.
Example: “C” contracts “D” to receive 300 Piano
ballpoints in 15 days for a consideration of $5 per
pen. Here exists a personal obligation between the
parties.
While those agreements that create a right other
than a personal right are known as GENTS.

Example: Agreement Of Lease, Mortgage, License.

Here only one party gives certain rights to the other
party while the other party accepts those rights for a
certain period on certain conditions. Important
difference between contracts and grants is that
Grants do not create personal obligations between
the parties as in case of Contracts.
Right Transferring Agreements
Those agreements that tend to transfer rights from
one person to another are known as ASSIGNMENTS.
Example: All contracts of sale and Gifts are examples
of Assignment as a right in a property is transferred
from one to another.
Right Destroying Agreements
Those Agreements that destroy right of one party are
known as RELEASE OR SURRENDER OR DISCHARGE.

Example: When a Lessee surrenders his lease to the

lessor, the lessee destroys his rights.
Kinds of Agreements (VALIDITY)
Agreements are classified into following classes with
respect to their validity
Valid Agreements: Those agreements that are
recognized by law.
Void Agreements: Those agreements that are not
recognized by law due to any defect and thus are
rendered null and void.
Voidable Agreements: Those agreements that are
conditional and are dependant upon the will of one
or the other party to become functional or
operational. If the party whose option is needed
decides to reject it than these agreements become
Void till than they are void able.
Unenforceable Agreements: Those agreements that
are not void or voidable but are not enforceable such
as the date has passed or the event has already gone
or purpose has become redundant.
Illegal Agreements: Those agreements that defeat the
purpose of law and are considered an offence such as
agreement to steal or commit robbery..

Rescindable Agreements. Those agreements in

which though a party has performed part of the
promise but still the court considers the other half
not performed and hence restore the parties to
their originaI position.
Agreements Dependant Upon Condition Subsequent:
Those agreements that are conditional upon a fixture
event become void when such event becomes
impossible.

Mistake Agreements: Those agreements where

parties or one of the parties was at a mistake of fact
with respect to the facts in the agreement.
Causes/ Events That Make an Agreement Invalid
This topic is discussed at length in second chapter of
the Contract Act 1972.
Incapacity: If parties to an agreement are incapable as
per law of entering into the agreement. Incapacity can
result due to Lunacy, Infancy or legal necessity.
Informality: When there exists a material
inconforinity in the agreements which are against
the mandatory requirement of the Law such as
missing of signatures of the parties, written form or
insufficient government stamps.
Illegality: If the agreement is for the performance of
an illegal thing such as Wagering.
Coercion: If a party has been coerced and pressured
into entering an agreement i.e. without their free will.
Fraud: When a party has been deceived by another to
enter into the agreement.
Misrepresentation: When a party has been misled on
a fact to enter into an agreement.
Want of Consideration: When no consideration is
available for an agreement.

Error / Mistake: When the parties erred as to the

facts of the agreement.