2. Aims
Introduction to Legal System & Contract Act
– Introduction
– Sources of Law
– Court/Judiciary
– Process of Legislation by Parliament
– Law Making Body
– Contract Act 1872
Definitions
Essentials of Valid Contract
Classification of Contract
3. Introduction
What is LAW:
Law in its legal sense is distinguished from other uses of the term, means
those rules and principles that govern and regulate social conduct and the
observance of which can be enforced in courts.
In simplest Way:
“Rules or regulation which control the Society”
“Rules of conduct which recognized & Enforced by the state, to maintain
Peace & Order in the society”
“It is the System of Rights & Obligation which are enforced in courts”
4. Introduction
Kinds of Law: Law is either public law or private law.
These sources may be:
1. Public Law :
Concerns the public as a whole and is divided into three classes:
1.Constitutional Law
2.Administrative Law
3.Criminal Law
2. Private Law
It pertains to individuals. It is separated into such special fields as contracts,
agencies, negotiable instruments etc. These areas generally pertain to
business and termed as Business Law or Commercial Law and Mercantile
Law.
5. Sources of Law
There is a large number of sources of law.
Formal sources:
They are the laws of states manifested by statues or decision of the courts.
Material Sources: They are such sources from which the law derives its matter.
These sources may be
1. Historical sources
2. Legal sources
Historical sources:
• They consist of such sets of rules framed traditionally in an authorized way but
later they have been adopted and accepted as a legal rules or principles by
usage. Such sources have framed COMMON LAW & EQUITY.
6. Legal Sources
Legal Sources are
1. Legislature
2. Precedents
3. Customary Conduct
4. Agreement
1. Legislature:
It is a part of a state formed by the parliament of Pakistan
(National Assembly, and other bodies to whom working of framing laws
have been delegated. The MNAs present the bills which are discussed in
parliament and when after voting they are passed in consultation of Senate
they become ‘Laws’ (Acts).
7. Legal Sources
2. Precedent:
It is a judgment of the court in court decision which is cited
and referred to as an authority for deciding identical cases, the precedents
serve as authority for legal principles embodied in its decision.
3. Customary Conducts:
It so happens that the initial source of law is based on the
customary conduct of community life.
4. Agreements:
In all sorts of contracts the parties incorporate a number of
requirements. Voluntarily which become binding on the contracting parties
in the duration of performances of contracts.
8. COURT/ JUDICIARY
Complete
Judiciary
Half (Quasi) Judiciary
Powers of Lower Court
Supreme Court
(1956)
Lower Court
High Court
Special Court/
Tribunals
Labor
Courts
Banking
Tribunals
Insurance
Tribunals
Income
Tax
Appellate
Tribunals
Federal Shariat
Court (1980)
9. High Court
SUPREME COURT
Lower Court is Comprising of Below
Criminal Civil
Judicial Magistrate
District Judge/Additional
District Magistrate
Senior Civil
Judge
Civil Judge
13. Four Chief Justice- High Court
In Every Province
Punjab KPK
Islamabad
Capital
Sindh
Chief Justice - Supreme Court
Balouchistan
14. Chief Justice + 16 Other Judges
Branch Registries
Islamabad KPK Lahore
Sindh
(KHI)
Chief Justice - Supreme Court
Quetta
Supreme Court judges are supervised by Supreme Judicial Council (SJC).
15. HIGH COURT
In Every Province
Punjab KPK
Islamabad
Capital
Sindh Balouchistan
16. TWO IMPORTANT BODIES
Law Making (Legislating) Law Implementing (Judiciary)
President
Parliament
Governor
Provincial Assembly
Supreme Court
Lower Courts
High Court
19. PROCESS OF LEGISLATION
BY PARLIAMENT
The act begins as a bill after passing through the National
Assembly and Senate becomes law on the granting of acceptance of the
President Act is binding on every one of country. The purpose of Act of
parliament to:
• Create new law when none exist before.
• Consolidate existing law
• Amend existing law
• Cancel existing law
• Authorize taxation
• Codify and clarify existing law.