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Law and Legal System of Pakistan
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Law and Legal System of Pakistan

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Questions and Answers

When can the terms of a document be incorporated by reference?

  • When they are inconsistent with the express terms of the incorporating document
  • When the document is a written agreement signed by both parties
  • When they are not inconsistent with the express terms of the incorporating document (correct)
  • When the document is an express agreement between the parties
  • What is the basis for enforcing mercantile usages?

  • They are recognized by the courts
  • Their ancient origin
  • The parties are deemed to have contracted with reference to them (correct)
  • Their universal application
  • What is necessary for a promise under the Act to exist?

  • A written agreement
  • A conditional offer
  • An expressed intention
  • An accepted proposal (correct)
  • What is the effect of reducing the terms of a contract into writing?

    <p>It constitutes the completion of the formalities</p> Signup and view all the answers

    When can an implied agreement be established?

    <p>When the parties have acted on the terms of an informal document</p> Signup and view all the answers

    What is the purpose of communication of offer?

    <p>To allow the offeree to accept or reject the offer</p> Signup and view all the answers

    What is the effect of acceptance of a conditional offer?

    <p>It leads to acceptance of the proposal</p> Signup and view all the answers

    What is required for mercantile usages to be enforced?

    <p>They must be generally observed by persons in the circumstances and condition of the parties</p> Signup and view all the answers

    What is the scope of promise under the Act?

    <p>An accepted proposal</p> Signup and view all the answers

    When can a contract exist?

    <p>By reason of mercantile usage</p> Signup and view all the answers

    Study Notes

    Overview of Course Structure

    • Course focused on practical application of laws in business and labor situations.
    • Comprises various modules addressing different legal frameworks relevant to businesses.
    • Covers key concepts: definition and significance of law, and jurisprudence.
    • Types of jurisprudence defined:
      • Analytical jurisprudence
      • Historical jurisprudence
      • Ethical jurisprudence
    • Essential elements of law include definitions by jurists and classification of law.
    • Legal sources defined: legislation, precedents, customs, and agreements.

    Module 2: Law of Contract (Contract Act, 1872)

    • Law of contracts is crucial for individuals, businesses, and government entities.
    • Contracts are inherent to daily transactions such as purchases, loans, and services.
    • Understanding contract principles is fundamental for anyone engaged in transactions.

    Module 9: Law of Insurance

    • Foundation of insurance laws established.
    • Key aspects include:
      • Concept and essentials of an insurance contract.
      • Types of insurance: life, fire, and marine insurance.

    Module 10: Labor Laws

    • Focuses on Industrial Relations Ordinance, 2002, which includes:
      • Definitions crucial for understanding labor relations.
      • Provisions on trade unions, worker participation, and dispute resolution.
      • Overview of labor courts, including procedural powers, awards, and appeals.
    • Addresses compensations and rights of workers concerning:
      • Workmen compensation laws.
      • Health and safety standards in factories.
      • Payment of wages and social security for employees.

    Concept of Law

    • Defined as rules regulating individual and organizational conduct in society.
    • Aims to maintain rights, justice, and public order, ensuring harmony within society.

    Significance of Law

    • Serves to protect rights, ensure justice, and remedy grievances.
    • Central to societal order, balance, and peace among individuals and states.

    Jurisprudence Insights

    • Jurisprudence: the study of law and principles of justice, enforceable by courts.
    • Branches of jurisprudence:
      • Analytical Jurisprudence: Focuses on existing legal principles and sources.
      • Historical Jurisprudence: Explores the historical context and evolution of laws.
      • Ethical Jurisprudence: Examines the moral implications and ethical foundations of laws.

    Analytical Jurisprudence

    • Analyzes current laws and their principles.
    • Investigates legal sources and fundamental concepts within law.

    Legislative Process

    • The President of Pakistan can issue an ordinance when Parliament is not in session, which must be presented to Parliament within 120 days to remain valid.

    Contract Act, 1872: Scope and Significance

    • Governs contracts throughout Pakistan since its enactment on September 1, 1872.
    • Contracts are vital to business transactions, creating legal rights and obligations.
    • Recognizes both formal and implied agreements based on conduct and trade usage.

    Key Aspects of Contracts

    • Definition of a promise includes acceptance of proposals.
    • Communication is crucial for contract acceptance; formal writing may not affect the validity of acceptance.
    • Contracts can arise based on mercantile usage, emphasizing general observance in similar circumstances.

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    Description

    Apply laws in real life situations and explore the scope of law, legal system, and jurisprudence in Pakistan. Learn about the significance of law and different kinds of jurisprudence.

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