Business Law and Sri Lankan Legal System
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Questions and Answers

What legal tradition was applied in Sri Lanka during gaps in existing laws?

  • English law (correct)
  • Italian law
  • Roman Dutch law
  • French law

    • Which system of law was introduced in Sri Lanka after the Dutch took over?

  • Roman Dutch law (correct)
  • Common law
  • Civil law
  • German law

    • What is one of the primary areas where Roman Dutch law is applicable in Sri Lanka?

  • Immovable property (correct)
  • Intellectual property
  • Criminal offenses
  • Trademarks

    • Which era saw the application of Roman Dutch law as the common law throughout Sri Lanka?

    <p>British Era</p> Signup and view all the answers

    What legal system does Sri Lanka's courts primarily model their structure on?

    <p>English legal system</p> Signup and view all the answers

    What type of legal separation does Roman Dutch law in Sri Lanka not recognize as a divorce?

    <p>Legal separation</p> Signup and view all the answers

    During which years did the transition of law from Roman Dutch law to influence by English law occur?

    <p>1796 to 1948</p> Signup and view all the answers

    In what circumstance does Roman Dutch law apply regarding custody of a child?

    <p>Custody disputes between parties</p> Signup and view all the answers

    What is the primary function of law in society?

    <p>To govern human action and establish consequences</p> Signup and view all the answers

    Which era is associated with the introduction of laws in Sri Lanka?

    <p>Dutch Era</p> Signup and view all the answers

    What is the consequence of breaking a law in a society?

    <p>Facing legal responsibility</p> Signup and view all the answers

    What is suggested as the foundation of law?

    <p>Custom and tradition</p> Signup and view all the answers

    According to the content, what dictates how people should behave?

    <p>Law</p> Signup and view all the answers

    Which of the following is a characteristic of law?

    <p>Mandatory and enforceable</p> Signup and view all the answers

    During which period were ancient legal systems recognized in Sri Lanka?

    <p>Portuguese Era</p> Signup and view all the answers

    Which statement about laws is NOT true?

    <p>Laws are only for governing behavior</p> Signup and view all the answers

    Which of the following does the Companies Act No. 07 of 2007 primarily address?

    <p>Business entity regulation</p> Signup and view all the answers

    What is the primary focus of Thesawalamai Law?

    <p>Personal law of Tamil inhabitants</p> Signup and view all the answers

    In Thesawalamai Law, which of the following is not an area it governs?

    <p>Criminal offenses</p> Signup and view all the answers

    Which of the following areas is governed by Muslim law?

    <p>Marriage</p> Signup and view all the answers

    How does the Code of Civil Procedure relate to legal proceedings?

    <p>It outlines the procedures for civil lawsuits.</p> Signup and view all the answers

    Which statement best describes the application of Muslim law?

    <p>It is applicable to all Muslims as a personal law.</p> Signup and view all the answers

    What aspect of property does the Thesawalamai Law specifically cover?

    <p>Inheritance of movable and immovable property</p> Signup and view all the answers

    What does the Sale of Goods Ordinance regulate?

    <p>Sales and purchases of goods</p> Signup and view all the answers

    What is the primary source of law in the context of Kandyan Law?

    <p>Legislation enacted by Parliament</p> Signup and view all the answers

    Which of the following is NOT a requirement for a valid custom?

    <p>Approval from a legislative body</p> Signup and view all the answers

    What characterizes judicial precedent as a source of law?

    <p>It relies on past decisions for future case guidance.</p> Signup and view all the answers

    Which statement best describes the relationship between customs and legality?

    <p>Valid customs must adhere to community morals.</p> Signup and view all the answers

    In the context of Kandyan law, which group is primarily subject to its regulations?

    <p>Sinhalese individuals from the former Kandyan provinces</p> Signup and view all the answers

    What contributes to the validity of a custom?

    <p>Community awareness and acceptance</p> Signup and view all the answers

    What is a characteristic of legislation as a source of law?

    <p>It consists of legal rules declared by authorities.</p> Signup and view all the answers

    Which of the following best explains a custom’s requirement for rationality?

    <p>It should be based on logical reasoning.</p> Signup and view all the answers

    Study Notes

    Business Law

    • Business Law governs human action.
    • Law establishes rules that individuals must follow within a society.
    • When someone breaks the law, they are held accountable.
    • Law dictates acceptable behaviour
    • Customs form the foundation of legal systems.
    • Sri Lankan law is a combination of various legal systems.

    Development of Sri Lankan Law

    • Sri Lanka’s legal system is influenced by historical periods, including:
      • Portuguese Era
      • Dutch Era
      • British Era

    Portuguese Era

    • Accepted ancient legal systems

    Dutch Era

    • Introduced laws

    British Era

    • Existing laws continued to be applied
    • English law was used when gaps in the law existed.
    • Sri Lanka’s legal system is a fusion of different laws.
    • Sri Lanka’s legal system incorporates a blend of Roman Dutch law and English law.

    Roman Dutch Law

    • Roman Dutch law was introduced after the Dutch took control of Sri Lanka.
    • During the British Era, Roman Dutch law became the common law used in Sri Lanka.
    • Roman Dutch law governs various aspects of legal matters in Sri Lanka, including:
      • Immovable property
      • Agreements between parties
      • Child custody
      • Negligence
      • Legal separation
      • Maintenance of elderly parents

    English Law

    • Roman Dutch law is considered the general law of Sri Lanka.
    • English law has significantly influenced Sri Lankan legal systems.
    • The courts in Sri Lanka follow the English court system model.
    • Key English law enactments include:
      • Penal Code
      • Code of Criminal Procedure
      • Code of Civil Procedure

    Applying English Law

    • English law is applied in various areas, including:
      • Companies Act No. 07 of 2007
      • Sale of Goods Ordinance
      • Partnership Ordinance
      • Tender notes and bills of exchange
      • Insurance
      • Banking
      • International trade and transport

    Muslim Law

    • Muslim law operates as personal law for Muslims in Sri Lanka.
      • Marriage
      • Divorce
      • Death
      • Custody
      • Infants

    Thesawalamai Law

    • The Thesawalamai Law is the personal law of the Tamil population in the Northern Province.
    • It applies to Tamils regardless of their location and to their moveable and immovable property within Sri Lanka.
    • The Thesawalamai Law is based on the customs of the Malabar inhabitants of the Jaffna Province.

    Applying Thesavalamai Law

    • The Thesavalamai Law covers a wide range of legal matters, including:
      • Adoption
      • Inheritance
      • Plantation land costs
      • Gifts
      • Mortgages
      • Lending money
      • Marriage

    Kandyan Law

    • Kandyan law is customary law stemming from the Kingdom of Kandy, which applies to Sinhalese people originating from the former Kandyan Kingdom provinces.
    • This law is based on:
      • Legal status
      • Legislations
      • Case law
      • Opinions of legal experts.

    Sources of Law

    • Sources of Sri Lankan law include:
      • Customs
      • Legislation
      • Case law

    Legislation

    • Legislation is the primary source of law.
    • Laws are created by competent authorities.
    • Parliament’s enactments form the primary source of law.

    Case Law / Judicial Precedent

    • Judicial precedent is a source of law that uses past decisions to guide judges in future cases.

    Customs

    • A valid custom must be observed continuously for a long period of time without interruption.

    Essential Requirements of a Valid Custom

    • A custom must be:
      • Long-standing
      • Continuously practiced
      • Openly practiced
      • Accepted by the community
      • Reasonable and rational
      • Not immoral or against public policy

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    Business Law Tute 1 PDF

    Description

    This quiz explores the fundamentals of Business Law and its application within the Sri Lankan legal framework. It covers the historical influences on Sri Lankan law, including the Portuguese, Dutch, and British eras, as well as the blending of Roman Dutch and English law. Test your knowledge on how these elements shape the legal landscape of Sri Lanka.

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