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Vikas Dongre
Introduction
 Human Race is socialistic in nature
 Early Civilizations started in settlements
 Man learnt Business to make his/her life comfortable
 Need arose for a uniform code of conduct
2Class Notes - Business Law Presented by: Vikas Dongre
Meaning
Law is a rulebook, containing a list of
Code/Rules/Procedures, which tells us what should be
done and what should not be done.
Law is a system of rules, usually enforced through a set
of institutions
Law is a force. It consists of rules and regulations to
provide firmness to mutual relations.
3Class Notes - Business Law Presented by: Vikas Dongre
Definition
“Law is a body of Principles recognized and applied by
the state in the administration of justice” - Salmond
“Law is a rule of civil conduct, prescribed by the supreme
power of a state, commanding what is right and
prohibiting what is wrong” - Blackstone
4Class Notes - Business Law Presented by: Vikas Dongre
Branches
 Growth of Civilization led to development in diverse fields
 As result a Uniform Code of Conduct did not make sense
Hence,
i. Civil Law
ii. Criminal Law
iii. Constitutional Law
iv. International Law
v. Industrial Law
vi. Mercantile Law (Business law)-Part of Civil Law(India)
5Class Notes - Business Law Presented by: Vikas Dongre
Meaning of Business
All those activities which are aimed at transfer of
goods & services from the production centre to
consumption centre carried out by an entrepreneur by
optimally utilizing resources at his command i.e.
money, man, material & machine with a view to
maximize profit.
6Class Notes - Business Law Presented by: Vikas Dongre
Meaning of Business Law
Laws relating to business, commercial
activity, trade or commerce.
7Class Notes - Business Law Presented by: Vikas Dongre
Objectives of Business Law
 Complex Business environment has given rise to the need
for a code of conduct
 IGNORANTIA JURIS NON EXCUSAT
---ignorance of Law is no excuse.
 Develop an understanding of the legal framework
 Understand the purpose and logic of Law-Meaningful
when understood
 Preventive Law
 The Success of lawyer depend upon the well informed
client
 Build a better society
8Class Notes - Business Law Presented by: Vikas Dongre
Sources of Business Law (Origin
and Development)
 Customs of Trade (History)
 English Common Law
 Principles of Equity
 Law Merchant
 British Statute Law
 Precedents (Past Judicial Decisions)
 Indian Statute Law (Acts of the Indian Legislature)
9Class Notes - Business Law Presented by: Vikas Dongre
Customs of Trade (History)
 customs and traditions, laid the first foundation to the
Law
 which are reasonable in nature to the entire society
and which are time tested
Class Notes - Business Law Presented by: Vikas
Dongre 10
English Common Law
 Considering the customs and usages as the raw
material, the judges made up their judgments. These
important contributions of the judges are found in
what is known as English Common Law
 Decisions made by judges based on English customs
and traditins
Class Notes - Business Law Presented by: Vikas
Dongre 11
Principles of Equity
 law based on principles of justice and good conscience
 unwritten law
 cases where the common law courts could not give
relief to the aggrieved, the party had to petition to the
king
 courts were called courts of equity
 relief was granted to the aggrieved on the basis of
justice, good conscience and equity
Class Notes - Business Law Presented by: Vikas
Dongre 12
Law Merchant
 Law based on customs and traditions which were
practiced by the traders- not recognized initially but
later made an impact
 Initially English Law courts were not aware of the
trades and practices - many times futile in giving
judgments in case of conflicts
 As trade grew - traders set up tribunals mostly
consisting of traders to judge the cases
 This gave birth to Law Merchants (Lex Mercatoria).
Class Notes - Business Law Presented by: Vikas
Dongre 13
British Statute Law
 Law which is based upon Acts passed by the
Legislature (Parliament). It is the Written Law. This
Law is superior and can override the effect of other
laws
Class Notes - Business Law Presented by: Vikas
Dongre 14
Precedents (Past Judicial
Decisions)
 Past Decisions or judgments are called precedents
 precedents are often referred to when giving decisions
on similar cases
 India the Supreme Court is the apex court and its
decisions have a binding effect on all the lower courts
 principle is that when a decision is given on one case it
implies that it has a binding effect on cases with
similar circumstances
Class Notes - Business Law Presented by: Vikas
Dongre 15
Indian Statute Law (Acts of the
Indian Legislature)
 the Acts passed by the Indian legislature becomes the
basis for many modifications in the Indian Business
Law
 Indian Contract Act 1872
 The Negotiable Instruments Act 1881
 The Sale of Goods Act 1930
 The Indian Partnership Act 1932
 The Companies Act 1956
 Etc…
Class Notes - Business Law Presented by: Vikas
Dongre 16
End of General Introduction
 Questions…
 Clarifications…
 Suggestions…
Email: vikasdongre@gmail.com
17Class Notes - Business Law Presented by: Vikas Dongre

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1businesslawintro 120223050528-phpapp02(1)

  • 2. Introduction  Human Race is socialistic in nature  Early Civilizations started in settlements  Man learnt Business to make his/her life comfortable  Need arose for a uniform code of conduct 2Class Notes - Business Law Presented by: Vikas Dongre
  • 3. Meaning Law is a rulebook, containing a list of Code/Rules/Procedures, which tells us what should be done and what should not be done. Law is a system of rules, usually enforced through a set of institutions Law is a force. It consists of rules and regulations to provide firmness to mutual relations. 3Class Notes - Business Law Presented by: Vikas Dongre
  • 4. Definition “Law is a body of Principles recognized and applied by the state in the administration of justice” - Salmond “Law is a rule of civil conduct, prescribed by the supreme power of a state, commanding what is right and prohibiting what is wrong” - Blackstone 4Class Notes - Business Law Presented by: Vikas Dongre
  • 5. Branches  Growth of Civilization led to development in diverse fields  As result a Uniform Code of Conduct did not make sense Hence, i. Civil Law ii. Criminal Law iii. Constitutional Law iv. International Law v. Industrial Law vi. Mercantile Law (Business law)-Part of Civil Law(India) 5Class Notes - Business Law Presented by: Vikas Dongre
  • 6. Meaning of Business All those activities which are aimed at transfer of goods & services from the production centre to consumption centre carried out by an entrepreneur by optimally utilizing resources at his command i.e. money, man, material & machine with a view to maximize profit. 6Class Notes - Business Law Presented by: Vikas Dongre
  • 7. Meaning of Business Law Laws relating to business, commercial activity, trade or commerce. 7Class Notes - Business Law Presented by: Vikas Dongre
  • 8. Objectives of Business Law  Complex Business environment has given rise to the need for a code of conduct  IGNORANTIA JURIS NON EXCUSAT ---ignorance of Law is no excuse.  Develop an understanding of the legal framework  Understand the purpose and logic of Law-Meaningful when understood  Preventive Law  The Success of lawyer depend upon the well informed client  Build a better society 8Class Notes - Business Law Presented by: Vikas Dongre
  • 9. Sources of Business Law (Origin and Development)  Customs of Trade (History)  English Common Law  Principles of Equity  Law Merchant  British Statute Law  Precedents (Past Judicial Decisions)  Indian Statute Law (Acts of the Indian Legislature) 9Class Notes - Business Law Presented by: Vikas Dongre
  • 10. Customs of Trade (History)  customs and traditions, laid the first foundation to the Law  which are reasonable in nature to the entire society and which are time tested Class Notes - Business Law Presented by: Vikas Dongre 10
  • 11. English Common Law  Considering the customs and usages as the raw material, the judges made up their judgments. These important contributions of the judges are found in what is known as English Common Law  Decisions made by judges based on English customs and traditins Class Notes - Business Law Presented by: Vikas Dongre 11
  • 12. Principles of Equity  law based on principles of justice and good conscience  unwritten law  cases where the common law courts could not give relief to the aggrieved, the party had to petition to the king  courts were called courts of equity  relief was granted to the aggrieved on the basis of justice, good conscience and equity Class Notes - Business Law Presented by: Vikas Dongre 12
  • 13. Law Merchant  Law based on customs and traditions which were practiced by the traders- not recognized initially but later made an impact  Initially English Law courts were not aware of the trades and practices - many times futile in giving judgments in case of conflicts  As trade grew - traders set up tribunals mostly consisting of traders to judge the cases  This gave birth to Law Merchants (Lex Mercatoria). Class Notes - Business Law Presented by: Vikas Dongre 13
  • 14. British Statute Law  Law which is based upon Acts passed by the Legislature (Parliament). It is the Written Law. This Law is superior and can override the effect of other laws Class Notes - Business Law Presented by: Vikas Dongre 14
  • 15. Precedents (Past Judicial Decisions)  Past Decisions or judgments are called precedents  precedents are often referred to when giving decisions on similar cases  India the Supreme Court is the apex court and its decisions have a binding effect on all the lower courts  principle is that when a decision is given on one case it implies that it has a binding effect on cases with similar circumstances Class Notes - Business Law Presented by: Vikas Dongre 15
  • 16. Indian Statute Law (Acts of the Indian Legislature)  the Acts passed by the Indian legislature becomes the basis for many modifications in the Indian Business Law  Indian Contract Act 1872  The Negotiable Instruments Act 1881  The Sale of Goods Act 1930  The Indian Partnership Act 1932  The Companies Act 1956  Etc… Class Notes - Business Law Presented by: Vikas Dongre 16
  • 17. End of General Introduction  Questions…  Clarifications…  Suggestions… Email: vikasdongre@gmail.com 17Class Notes - Business Law Presented by: Vikas Dongre