K cannot recover the money lent to Y. The document discusses different sources of law, including common law from England, equity, law merchant, statute law, Indian statute law, and judicial precedents. Common law developed from customs and usages in England. Equity applied principles of natural justice. Law merchant was based on merchant customs. Statute law is passed by Parliament and is superior. Indian statute law codified commercial law. Precedents make earlier judicial decisions applicable to similar future cases.
K cannot recover the money lent to Y. The document discusses different sources of law, including common law from England, equity, law merchant, statute law, Indian statute law, and judicial precedents. Common law developed from customs and usages in England. Equity applied principles of natural justice. Law merchant was based on merchant customs. Statute law is passed by Parliament and is superior. Indian statute law codified commercial law. Precedents make earlier judicial decisions applicable to similar future cases.
K cannot recover the money lent to Y. The document discusses different sources of law, including common law from England, equity, law merchant, statute law, Indian statute law, and judicial precedents. Common law developed from customs and usages in England. Equity applied principles of natural justice. Law merchant was based on merchant customs. Statute law is passed by Parliament and is superior. Indian statute law codified commercial law. Precedents make earlier judicial decisions applicable to similar future cases.
X in consideration of Rs. 5,00,000 from Y agree to
murder Z while borrows the money from K, who knowingly lends money to Y.
Can K recover this money???
Business law and commercial law are the two laws that deal with the business and commercial transactions. It encompasses the formation of business management, commerce and consumer transaction. The commercial law consists of debtor Law, creditor law, sales and secured transaction. It also has the regulations and rules for the land cargo, sea cargo, merchant shipping, marine and accident insurance. Sources of Law
a) Common Law of England:
It is unmodified law consisting of customs,
usages and traditions developed over a long period of time by the English Courts. The Common Law used to be applied to disputes of a similar nature. (b) Equity:
It is nothing but the application of principles of
natural justice and good conscience. In the beginning, Equity used to be administered by the Court of Chancery, while the King's Court administered the Common Law (c) Law Merchant: It will be no exaggeration to say that English Commercial Law is nothing but Law Merchant itself. The law Merchant was based on customs and usages prevalent among merchants and traders. In the beginning, Law Merchant was administered by tribunals consisting, mainly, of the merchants. Gradually, it came to be recognised by the Common Law Courts also. (d) Statute Law:
It is the law passed by the Parliament. These laws are
superior to Common Law and Equity as Parliament is supreme. It is remarked about British Parliament that it is all powerful in as much as it can do everything except making a man a woman or a woman a man. (e)Indian Statute Law:
Unlike English Commercial Law, most of our Commercial Law
is codified in the form of Acts passed by the Parliament and State Legislatures. The Indian Contract Act. 1872, the Sale of Goods Act, 1930, and the Partnership Act, 1932 are examples of the Statute Laws passed by our Parliament. These laws have brought about uniformity all over the country. (e)Precedents or Judicial Decisions:
This is based on the doctrine of equity that decision in
an earlier case should be equally applicable to a similar case in future unless, of course, the circumstances have changed.