Monday, July 30, 2012

UNLAWFUL ASSEMBLY RELEVANT PROVISION (SEC. 141 TO 149P.P.C


UNLAWFUL ASSEMBLY
1.RELEVANT PROVISION (SEC. 141 TO 149P.P.C)
2.UNLAWFUL ASSEMBLY U/SEC 141
3.MEMBERSHIP OF AN UNLAWFUL ASSEMBLY U/SEC 142
4.PUNISHMENT U/SEC 143
5.PUNISHMENT WHER PERSON ARMED WITH DEADLY WEAPON U/SEC.144
6.RIOTING (I) DEFINTION U/Sec.146 (II) INGREDIENTS (III) PUNISHMENT U/Sec. 147 (IV) PUNISHMENT WHER PERSON ARMED WITH DEADLY WEAPON U/SEC 148
7.CLOSING WORDS

THEORIES OF PUNISHMENT Paper 6 Of LLB Part 1


THEORIES OF PUNISHMENT 
1.MEANING OF PUNISHMENT  2.MEANING OF CRIMINAL JUSTICE (I)PURPOSE OF CRIMINAL JUSTICE 3.OBJECTIVES OF PUNISHMENT (i)SUPREMACY OF LAW(ii)MAINTENANCE OF PEACE IN SOCITY(iii)PUNISHMENT OF OFFENDER (iv)PROTECTION OF PUBLIC FROM CRIME (v)PROTECTION OFSTATE (vi)PRESERVATION OF LIFE (vii)PROTECTION OF INDIVIDUAL PROPERTY (viii)UPKEEP MORALITY AND CULTURE (ix)PREVENTION OF CRIME 4.THEORIES OF PUNISHMENT (I)DETERRENT THEORY (II)PREVENTIVE THEORY (III)PEFORMATIVE THEORY (IV)RETRIBUTIVE THEORY (V)EXPIATIVE THEORY (VI)COMPENSATORY THEORY (VII)DENUNCIATION THEORY (VIII)ULTILITARIAN THEORY
5.CLOSING WORDS

THEFT LIABLE TO HADD RELEVANT PROVISIONS (Section 4 to 9 of Enforcement of Hudud ordinance VI of 1979


THEFT LIABLE TO HADD 
1.RELEVANT PROVISIONS (Section 4 to 9 of Enforcement of Hudud ordinance VI of 1979) 2.Kind of theft (i) Theft liable to Had (ii) Theft liable to Tazir 3.Theft liable to Had (I) DEFINITION U/Sec.5 (II) INGREDIENTS (i) ADULT OFFENDER (U/SEC.2(a) (ii) SURREPTITIOUSLY COMMITS (iii)REMOVAL FROM HIRZ (a) MEANING OF HIRZ U/SEC.2(d) (iv)VALUE OF STOLEN PROPERTY (a) MEANING OF NISAB U/SEC. 2(f) AND U/SEC.6(v) NOT BEING A STOLEN PROPERTY (vi) Knowledge of Accused  4.PROOF OF THEFT LIABLE TO HADD U/SEC.7 (I) CONFESSION CASE LAW“GHULAM HABIB VS. STATE 1994”(II) BY EVIDENCE OF WITNESSES (i) REQUIREMENTS REGARDING WITNESSES (a) MALE (b) Muslim (c)ADULT (d) NOT VICTIM OF THEFT (e) COURT SATISFICATION (f)TRUTHFUL PERSON (g) ABSTAIN FROM MAJOR SINS (h)ADIL5.THEFT BY MORE THAN ONE PERSON U/SEC.8(6.)PUNISHMENT FOR THEFT LIABLE TO HADD U/SEC 9  (i) AMPUTATION OF HIS RIGHT HAND FROM THE FISTT TIME (ii) SECOND TIME AMPUTATION LEFT FOOT UP TO ANKLE (iii) THIRD TIME Imprisonment for life (iv) POSTPONEMENT OF HADD  7.CLOSING WORDS

THEFT AND CRIMINAL BREACH OF TRUST RELEVANT PROVISION (i) SEC.378 AND 379 THEFT (ii) SEC. 405 AND 406 FOR CRIMINAL BREACH OF TRUST


THEFT AND CRIMINAL BREACH OF TRUST
1. RELEVANT PROVISION (i) SEC.378 AND 379 THEFT (ii) SEC. 405 AND 406 FOR CRIMINAL BREACH OF TRUST
2. THEFT U/SEC. 378 (I) INGREDIENTS OF THEFT (i) DISHONEST INENTION (ii) MOVEABLE PROPERTY (iii) POSSESSION OF OTHER PERSON (iv) MOVING OR REMOVAL OF PROPERTY (a) MOVING AN ANIMAL U/SEC.378 (4) (v) WITHOUT CONSENT OF POSSESSOR (II) PUNISHMENT U/Sec.379
3. CRIMINAL BREACH OF TRUST U/Sec. 405 (I)INGREDIENTS OF Sec. 405  (i) ENTRUSTED TO PERSON PROPERTY  (ii) DISHONESTLY MISAPPROPRIATING CONVERTING THAT PROPERTY (iii) DISHONESTLY USE OR DISPOSAL OF PROPERTY (II) PUNISHMENT U/Sec. 406
4. DIFFERENCE BETWEEN THEFT AND CRIMINAL BREACH OF TRUST (I) AS TO PROVION (II) AS TO INTETNTION (III) MODE OF ACQUISTION (IV)NATURE OF PROPERTY (V)AS TO RELION (VI)PUNISHMENT
5. CONCLUSION

Strict Liability Unde PPC And Tort The Paper no 5 and 6 of LLB Part 1


Strict Liability
1.Opening Words (2) Definition of Liability (i) Salmond (ii) Mark by  (3)Kinds of Liability (i)Civil Liability (ii) Criminal Liability (iii) Remedial Liability (iv) Vicarious Liability (v) Strict Liability (4) Meaning of Strict Liability  (5) Strict Liability (a)Reasons for Strict Liability (b) Strict Liability in Civil Cases (i)Exceptions (c) strict Liability in Criminal Cases (i) Exceptions (d) Public Nuisance (ii) Criminal Liable (e) Categories of Wrongs Strict Liability (i) Mistake of Law (ii) Mistake of fact (iii) Inevitable Accident (6) Application of Strict Liability
7.First case Law on strict Liability (i) Case of Woodrow 1846
8.Case Law ( Rylands vs. Fletcher 1886 LR 3HL 330 (a) Facts (b) Held (i) Essential Conditions for the Application of Rule (ii) Exception to the Rule in Rylands Vs. Fletcher   (9) Closing Words 

SELF-DEFENCE RELEVANT PROVIONS Under SECtion of PPC.96,97,99 TO 102


SELF-DEFENCE
1.RELEVANT PROVIONS (SEC.96,97,99 TO 102
2.MEANING OF SELF DEFENCE
3.DEFINITION OF SELF-DEFENCE
4.KINDS OF SELEF DEFENCE (i) RIGHT OF SELF DEFENCE OF BODY (ii) RIGHT OF SELF DEFENCE OF PROPERTY
5.RIGHT OF PRIVATE DEFENCE AGAINST THE PERSON OF UNSOUND MIND, ETC.
6.ACTS AGAINST WHICH THERE IS NO RIGHT OF PRIVATE DEFENCE U/SEC-99
7.WHEN THE RIGHT OF PRIVATE DEFNCE OF THE BODY EXTENDS TO CAUSING DEATH U/SEC.100 (CASE LAW 2004 YLR LAH 2320(b)
8.COMMENCEMENT AND CONTIUANCE OF THE RIGHT OF PRIVATE DEFENCE OF BODY SEC.102
9.CONDITIONS FOR EXERCISING RIGHT OF SELF DEFENCE
10. BUDEN OF PROOF (CASE LAW 2002 SCMR 1425)
11. CLOSING WORDS

ROBBERY AND DACOITY RELEVANT PROVSIONS (i) SEC.390AND 392 (ii) SEC.391 AND 395 under PPC


ROBBERY AND DACOITY
1.RELEVANT PROVSIONS (i) SEC.390AND 392 (ii) SEC.391AND 395 (2.) ROBBERY U/SEC.390 (I) WHEN THEFT AMOUNTS TO ROBBERY (i) THEFT (A) MEANING OF THEFT U/SEC.378 (B) INGREDIENTS OF THEFT (ii) FEAR OF DEATH,HURT OR WRONGFUL RESTRAINT (iii) FOR THE END SPECIFIED IN SEC.390 (iv)WHEN EXTORTION AMOUNTS TO ROBBERY (i) EXTORTION (A) MEANING OF EXTORTION U/SEC.383 (i) PRESENCE OF PERSON PUT IN FEAR (EXEMPLE) (III) PUNISHMENT U/SEC. 392 (CASE LAW 2005 TLR 128)  (3.)DECOITY (I) INGREDIENTS (i) FIVE OR MORE PERSONS (ii) COMMITTING OR ATTEMTING TO COMMIT ROBBERY (iii) COJOINTLY COMMITTING (II) PROOF OF DECOITY (III) PUNISHMENT U/SEC 395 (i) JURISDICTION OF COURT (4.) DIFFERENCE BETWEEN ROBBERY AND DACOITY(i) AS TO PROVISION (ii) JURISDECTION OF COURT (iii)  SERIOUSNESS (iv) POSITION OF ABETTORS (v)Punishment (vi) POSITION IN HIGHWAY
5. CLOSING WORDS 

QAZF Relevant provisions sec.3 to 8 of hadood ORDINCE


QAZF  
1.Relevant provisions (sec.3 to 8 of hadood ORDINCE) 2.DEFINITION OF QAZF U/SEC.3   (I)INGREDIENTS OF SEC 3(i)MAKING OR PUBLISHING OF IMPUTATION OF ZINA (ii)CONCERNING ANY PERSON (iii)INTENTION OR KNOWLEDGE TO HARM OR HURT THE REPUTATION OR FEELINGS(iv)Modes of imputation(a)BY WORDS(b)BY SIGNS (II)EXCEPTIONS (i)IMPUTATION OF TRUTH WICH PUBLIC GOOD REQUIRES TO BE MADE (ii)ACCUSATION PREFERRED IN GOOD FAITH TO AUTHORIZED PERSON (iii)EXCEPTIONS (a) COMPLAINANT FAIL TO PRODUCE FOUR WITNESSES “(CASE LAW NAHEED AHMAD VS MAHMOOD KHAN (1991)” 3.KINDS OF KAZF U/SEC. 4 (i) QAZF LIABLE TO HADD (ii)QAZF LIABLE TO TAZIR 4. QAZF LIABLE TO HADD U/SEC 5. (i)ESSENSTIALS (ii)IMPUTATION MADE BY (iii)AGAINST A MUHSAN 5.PROOF OF QAZF LIABLE TO HADD U/SEC 6.(I)CONFESSION (II)QAZF IN PRESENCE OF COURT(III)BY EVIDENCE OF WITNESSES (i)REQUIREMENTS REGARDING WITNESSES6.PUNISHMENT OF QAZAF LIABLE TO HADD U/SEC 17(i)WHIPPING EIGHT STRIPES(ii)HIS EVIDENCE SHALL NOT BE ADMISSIBLE IN ANY COURT OF LAW. CLOSING WORDS

QATL RELEVANT PROVISIONS SEC. 302 TO 322 P.P.C KINDS OF QATL (I) QATL-I-AMD (DEFINATION U/SEC 300)(PUNISHMENT U/SEC 302) (PROOF OF QATL-I-AMD LIABLE TO QISAS U/SEC. 304)(II) QATAL SHIBH-I-AMD (DEFINITION U/SEC.315 AND PUNISHMENT U/SEC.316 MEANING OF DIYAT U/SEC. 299


QATL
1.RELEVANT PROVISIONS (SEC. 302 TO 322 P.P.C)
2.DEFINITION OF QATL U/Sec.299 ‘J’)(QATL MEANS CAUSING DEATH OF PERSON)
3.KINDS OF QATL (I) QATL-I-AMD (DEFINATION U/SEC 300)(PUNISHMENT U/SEC 302) (PROOF OF QATL-I-AMD LIABLE TO QISAS U/SEC. 304)(II) QATAL SHIBH-I-AMD (DEFINITION U/SEC.315 AND PUNISHMENT U/SEC.316 MEANING OF DIYAT U/SEC. 299 ‘E’)(III) QATAL-I KHATA (DEF U/SEC. 318(IV) QATAL-BIS SABAB (DEFI U/SEC. 321)
 4.DIFFERENCE BETWEEN QATAL-I-KHATA AND QATAL-BIS-SABAB (I) AS TO PROVISION (AS TO MISTAKE (III) CAUSE OF DEATH (IV) AGGRAVATING PUNISHEMENT (IV) EFFECT OF RASH OR NEGLIGENT
5.CLOSING WORDS

KINDS OF PUNISHMENT Defination of PUNISHMENT RELEVANT PROVISIONS (RELEVANT PROVISION OF PPC SEC 53


KINDS OF PUNISHMENT
1.Defination of PUNISHMENT
2.RELEVANT PROVISIONS (RELEVANT PROVISION OF PPC SEC 53
3.PURPOSE OF PUNISHMENT
4.KINDS OF PUNISHMENT  (1) QISAS (SEC.299 ‘K’)  ( (2) DIYAT (SEC 299 ‘E’) (3) ARSH (SEC.299 ‘B’OF D’VALUE OF ARSH 323ppc, failure to pay arsh 334,337 PPC)(4) DAMAN (SEC.299 ‘ (5) TAZIR (SEC.299 ‘L’)  (6) DEATH CAPITAL PUNISHMENT 121,302,403-b) (7) IMPRISONMENT FOR LIFE PUNISHMENT 124-A,232,302(8) IMPRISONMENT WHICH NAMELY (i) RIGOROUS-I-E WITH HARD LABOUR (ii) SIMPLE PUNISHMENT 55,PPC(9) FOREITURE OF PROPERTY PUNISH 126,127,169PPC(10) FINE PUNISH 137 154 TO156,171-G
CLOSING WORDS                                                                                                                                                                              

Friday, July 27, 2012

PAPER 4. LAW OF CONTRACT Of LLB Part 1


PAPER 4. LAW OF CONTRACT
                                                  A) CONTRACT ACT
1. PROPOSAL
Q. Define Proposal. How is it revoked? (2007-S)
Q. Define proposal. How does it become a promise enforceable as a contract? (2002-S
Q. Define Proposal and Acceptance. What are the rules relating to their communication? (2009-A)
Q. Define proposal, discuss its essential elements? (2008-A)
Q. When the communication of a proposal, acceptance & revocation does become complete? (2002-A 2001-S)
Q. What is offer? When it is valid? Discuss the rules relating with communication of an offer. (2005-A)
Q. What do you mean by revocation of proposal & acceptance? How revocation is made & what is its effect on validity of contract. (2006-A)
2. AGREEMENT
Q. What is the difference between voidable and void agreements? Give your answer stating examples. (2007-A)
Q. Define the term ‘Agreement’ & distinguish between Agreement & Contract.
Q. What are the essentials of a valid contract? Discuss them briefly. (2007-A 2003-A)
Q. What are the agreements which have been expressly been declared void? (2007-S)
Q. An agreement enforceable by law is called contract. Discuss it with reference to the rules relating to validity of a contract. (2008-S)
Q. Define term void & voidable agreement; explain the circumstances under which a contract becomes void & voidable? (2008-A)

3. FREE CONSENT
Q. Define and distinguish between coercion and undue influence. (2008-S)
Q. Explain mistake of fact and mistake of law. Do they have the same legal effect on a Contract? (2007-S)
Q. What is the difference between fraud and misrepresentation? Explain giving examples. (2007-A)
Q. Discuss ‘Free Consent’ & discuss the legal effects flowing from agreements made without free consent. (2005-A 2004-A)
Q. What do u understand by free consent Discuss the effect of mistake on contract? (2008-A)
Q. Define Fraud. When is the suggestion of a fact not fraud but misrepresentation? Give examples. (2002-S)
Q. Define & explain briefly Coercion, Undue Influence, and Fraud & Misrepresentation. (2002-A)
4. CONSIDERATION
Q. Define the term consideration and discuss its essential elements? (2008-S)
Q. What is consideration? When is consideration or object of an agreement unlawful? (2003-A) State the exception to the rule that an agreement made without consideration is void. (2008-A 2007-S 2005-S 2002-S, A 2001-S)
5. CLASSES OF CONTRACT
Q. Define & give examples of the following classes of contract. a) Void b) Void able c) Unenforceable. (2002-A)
6. INDEMNITY & GUARANTEE
Q. What is a contract of guarantee? Distinguish it from contract of indemnity. (2007-A)

Q. Define the Contract of Indemnity & what are the rights of an indemnity holder? Distinguish between a contract of indemnity & a contract of guarantee. (2004-A 2002-S, A)
Q. Define the term contract of Guarantee and discuss the circumstances under which a contract of guarantee is said to be discharged? (2008-S)
Q. What is continuing guarantee? When and how may a continuing guarantee be revoked? How surety can be discharged from his liabilities in a contract of guarantee? (2008-A 2005-S 2003-A)
Q. Enumerate the rights of a surety as against Principal, debtor, creditor & against co-sureties. (2005-S)
7. CONTINGENT CONTRACT
Q. Explain the difference between a wagering agreement and a contingent contract. (2007-S)
Q. Define contingent contracts. Explain the rules which govern the enforcement of these contracts. (2007-A 2006-A)
8. DISCHARGE OF CONTRACT
Q. What do you mean by discharge of a contract? Discuss the circumstances under which a contract is said to be discharged. (2008-S)
Q. Describe the various modes in which a contract may be discharged? (2004-A 2002-S)
9. QUASI CONTRACT
Q. What are the situations where the law, requires a person to perform an obligation similar to contracted obligation although he has not entered into any contractual relationship. (2007-S 2006-A 2005-A 2004-A 2002-S)
Q. Define term quasi contract discuss circumstances under which such contract comes into existence? (2008-A)
10. BREACH OF CONTRACT

Q. State the rules governing determination of damages for breach of contract. (2007-A)
Q. What are the remedies for breach of contract? (2009-A 2008-A 2007-S 2003-A)
11. BAILMENT
Q. What are the essential features of bailment? State the duties of the bailee. (2007-S)
Q. What is bailment? What are the duties & liabilities of a bailor towards the bailee? (2002-A)
Q. Discuss the duties & rights of ‘Bailee’ in the contract of bailment? (2009-A 2008-A 2006-A 2005-S)
12. AGENCY
Q. How agency is constituted & terminated? (2009-A 2007-S A 2005-S 2002-S)
Q. What is agency & what are the duties of an agent to his principal & vice versa? (2002-A)
Q. What do you understand by an act of ratification? What conditions have to be fulfilled for a valid ratification? (2007-S 2004-A)
Q. Explain what is agency. When an agent is responsible for the act done on behalf of his principal? (2005-S 2003-A)
13. PERFORMANCE OF CONTRACT
Q. What is performance of contract? Discuss rules regarding time & place of performance. (2008-S 2006-A 2005-S, A)
Q. Discuss the law governing the performance of a contract where there are joint promisors. (2007-S)
14. COMPETENCY TO CONTRACT
Q. What is the legal status of a contract entered into by a minor? Is it enforceable by law? If so under what circumstances? (2008-S 2007-S 2003-A 2001-S)

Q. Who are competent to contract? (2006-A)
15. OBJECT OF CONTRACT
Q. When the object of a contract is unlawful? (2005-S 2003-A 2002-A)
16. CONTRACT OF PLEDGE
Q. Discuss the circumstances under which a pledge made by non-owner becomes valid. (2008-S)
Q. Can a valid pledge be made by mercantile agent? If so, explain fully. (2007-A)
B) SALE OF GOODS ACT
1. FIXATION OF PRICE
Q. What is sale? Discuss its essentials & explain the different modes of fixation of price in a contract of sale. (2005-S)
2. SALE & AGREEMENT TO SALE
Q. What is the difference between an agreement to sell and a contract of sale? State the necessary ingredients for the formation of a contract of sale. (2008-S 2007-A)
Q. What is sale & what is an agreement to sale. Explain the difference between these. (2009-A 2005-A)
3. CONDITION & WARRANTY
Q. What do you mean by condition and warranty in a contract of sale? Explain different conditions and warranties applicable in a contract of sale. (2005-A 2003-A)
Q. Define and state the difference between a condition and a warranty of a contract. When a condition may be treated as a warranty? (2007-S)
Q. Define & distinguish between condition & warranty. Explain Implied & express warranties in contract of sale? (2008-S, A)
4. UNPAID SELLER

Q. Define unpaid seller. What are his rights against goods under the Sale of Goods Act? (2009-A 2008-A 2004-A 2002-S)
5. CAVEAT EMPTOR
Q. What do you understand by the rule ‘caveat emptor’? Are there any exceptions to this rule? (2002-A)
6. BREACH OF CONTRACT
Q. State briefly the remedies open to a seller and the buyer of goods for breach of contract by the buyer. (2007-A 2002-A)
7. TRANSFER OF TITLE
Q. How title is transferred in a contract of sale? (2006-A)
Q. “A seller can’t convey a better title than he himself has”. Are there any exceptions to this rule? (2005-S)
8. DELIVERY
Q. With reference to performance of contract of sale discuss rule regarding as to delivery. (2007-S 2006-A 2004-A 2003-A)
9. DUTIES & BUYER OF BUYER & SELLER
Q. What are the duties of a buyer & a seller of goods under the sale of Goods Act?
C) PARTNERSHIP ACT
1. MINOR AS PARTNER
Q. Can a minor become a partner in a firm? Discuss the rights & liabilities of a minor admitted to the benefit of a partnership. (2007-A)
2. RIGHTS & DUTIES OF PARTNERS
Q. What are the rights and duties of the partners to one another in their mutual relationship as partners of a firm? (2007-A)

3. ESSENTIALS OF PARTNERSHIP
Q. What is partnership? Discuss its essential elements? Discuss in detail. (2009-A 2008-S )
Q. What is partnership? Discuss its essentials & how it differs from a company. (2005-S, A)
4. MODES OF DISSOLUTION OF PARTNERSHIP
Q. Explain the different modes of dissolution of partnership. (2009-A 2007-S 2005-S)
Q. Discuss fully the grounds on which the court may dissolve partnership firm at the suit of a partner.
5. IMPLIED AUTHORITY OF PARTNER
Q. What do you mean by implied authority of partner? Discuss liability of firm for partner’s act. Explain and state limitations on the exercise of his authority, if any. (2008-S 2007-S 2006-A)
6. RIGHTS & OBLIGATION AFTER DISSOLUTION
Q. Explain rights & obligations of partners after dissolution. (2008-A 2006-A)
7. REGISTRATION OF FIRM
Q. What is registration of firm? Discuss its advantages. Is there any effect of non-registration of firm? If so explain? What are the contents of the application for registration of a firm? (2008-A 2005-A)
8. HOLDING OUT
Q. Explain the doctrine of “Holding Out’. Is the estate of a deceased partner liable for the acts of firm done after the death?
Q. Can an outgoing partner carry on business competing with that of the firm? What restrictions are placed on him by the Partnership Act?



9. GOOD WILL
Q. Explain what is meant by good will? Discuss the provisions under Partnership Act regarding the sale of Good will on the dissolution of the firm & its effect on the rights of the parties.


Thursday, July 26, 2012

KIDNAPPING AND ABDUCTION under Sec.360 to 363 kidnapping, 362 for abduction Of PPC for LLB Part1


KIDNAPPING AND ABDUCTION
1.RELEVANT PROVISIONS  (Sec.360to 363 kidnapping, 362 for abduction
2.Kidnaping  3.kinds of kidnapping u/Sec.359 (I) KIDNAPING FROM PAKISTAN U/Sec.360 (A) SCOPE (B) INGREDIENTS (i) CONVEYING OF PERSON (ii) WITHOUT CONSENT  a. MEANING OF CONSENT  (II)KIDNAPING FROM LAWFUL GUARDIANSHIP U/SEC. 361 (A) INGREDIENTS (i) TAKING OF ENTICING (ii) MINOR OR PERSON OF UNSOUND MIND (a) AGE OF MINOR  (iii) KEEPING OUT OF LAWFUL GURDIANSHIP (a) LAWFUL GUARDIAN (CASE LAW 2001 P.C.R.L.J 31) (iv) Without Consent of Guardian  (OBJECT OF Sec.361) 4.PUNISHMENT U/Sec.363    (5.)ABDUCTION (I) DEFINATION U/SEC.362 (II)INGREDIENTS (i) FORCEFUL COMPULSION OR INDUCEMENT (ii) TO GO FROM ONE PLACE TO ANOTHER (III) SCOPE   6.DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION (I) MEANS USED (II) SCOPE (III) KINDS (IV) EFFECT OF CONSENT (V) PLACE (VI) AS TO GUARDIAN (VII) INTENT (VIII)NATURE
7.CLOSING WORDS

HURT KINDS OF HURT U/SEC 332 ITLAF-Udw meaning u/sec. 333 and punishment 334 ITLAF-I-SALAHIYAT-I-UDW meaning u/Aec.335 Punishment U/Sec. 336 of PPC for LLB Part 1


HURT
1.G.MEANIG
2.RELEVANT PRO VISION (SEC. 332 TO 337)
3.DEFINATIONOF HURT U/SEC.332 ‘I’
4.KINDS OF HURT U/SEC 332 (2) (i) ITLAF-Udw (meaning u/sec. 333 and punishment 334)(ii) ITLAF-I-SALAHIYAT-I-UDW (meaning u/Aec.335 Punishment U/Sec. 336)(iii) SHAJJAH ( Meaning u/Sec. 337(1) Kinds of shjjah U/Sec. 337(2) a. Shajj-i-Khafifah Punishment U/Sec. 337-a(i)b. Shajj-i- Mudihah Punishment U/Sec. 337-a (ii) c. Shajj-i- Hashimah Punishment U/Sec. 337-a (iii) d. Shajj-i- Munaqqilah Punishment U/Sec. 337-a (iv) e. Shajj-i- Ammah Punishment U/Sec. 337-a (v) f. Shajj-i- Damighah Punishment U/Sec. 337-a (vi)(iv) JURA MEANING U/Sec.337-B(1) KIDS OF JURH U/Sec.337-B(2) (I)JAIFAH u/Sec.337-C PUNISHMENT U/SEC.337-D (II)GHYR-JAIFAH U/Sec.337-E KINDS OF GHYRRA JAIFAH 1.DAMIYAH 2.BADIYAH 3.MUTALAHIMA MUANAQQILAH (V) All kinds of other hurt
CLOSING WORDS

Trots Paper 5 LLB Part one Reasonable fortitude


Reasonable fortitude
  1. What is the legally relevant distinction between a primary and a secondary victim? A primary victim is one who apprehends immediate harm to himself as a direct result of the event caused by the negligence.
  2. What technical term is used to describe the period of time after an incident, during which a secondary victim must be exposed to the effects in order to claim? Immediate aftermath
  3. In which case did Lord Wilberforce apply his two stage test of liability for psychiatric injury? McLoughlin v O'Brian
  4. Which case signalled the start of the contraction of liability for psychiatric injury?                                                                                                   5. Duty of Care: Economic Loss
  1. What are the three main elements necessary for a situation to be covered by Hedley Byrne-type liability in tort? A special relationship, reliance and that reliance being reasonable.
  2. Which case outlines an exception to the rule that, generally, social situations do not give rise to a special relationship? Chaudhry v Prabhaker
  3. What was the nature of the claimant's actionable damage in McFarlane v Tayside Health BoardWrongful birth
  4. Which case is generally regarded as the ‘high-water’ mark of liability for economic loss in negligence? Junior Books v Veitchi Co Ltd
  5. Which of their Lordships in Caparo outlined the five particular circumstances in which liability for economic loss can lie? Lord Oliver
  6. The courts are reluctant to allow claims for economic loss in tort generally because they say that claimants will often have a more appropriate form of redress; what is this? A claim in contract
  7. Which activity was involved in the facts of Spring v Guardian AssuranceThe writing of an employment reference.
6. Miscellaneous Situations
  1. What is the legally significant difference between a large group of persons and an indeterminate group of persons? An indeterminate group is one whose membership cannot be foreseen.
  2. Which case formed the principle that the police owe no duty of care to      individual members of the public?
  3. What alternative means of recovery is open to victims of torts which are also crimes? Compensation from the Criminal Injuries Compensation Board
  4. What was the public policy decision made in McKay v Essex AHAThat someone cannot claim in tort for having been born (a wrongful life claim).
  5. Is there ever a duty to rescue in the tort of negligence? Only where party has made some undertaking to another, or where the law imposes such a duty (such as parents to their children).
7. Breach of Duty: The Standard of Care
  1. What is the name of the objective test applied by the courts to establish whether or not a defendant has breached his duty of care? The “reasonable man” test
  2. What is important about the fact that this test is objective rather than      subjective? An objective test does not take the characteristics of the particular defendant into account; he is held to an externally defined standard.
  3. What is the concept, used to describe a defendant's conduct, which is often considered by the courts to balance out the taking of risks by that defendant? Utility
  4. Which partial defence to a negligence action is governed by statute enacted by Parliament in 1945? Contributory Negligence — Law Reform (Contributory Negligence) Act
  5. Which test says that “A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”? The Bolam test, from Bolam v Friern HMC
  6. Is it true that the Bolam test applies only to professional doctors? No, it is a test for professional individuals in general.
  7. Which case restricted the effects of the Bolam test? Bolitho v City & Hackney HA
  8. Which technical term means “the facts speak for themselves”? res ipsa loquitur
  9. What was the ratio of Nettleship v WestonThat trainees and learners are subject to the same standards of care as those experienced in the activity; the objective test.

Trots Paper 5 LLB Part one


Reasonable fortitude
  1. What is the legally relevant distinction between a primary and a secondary victim? A primary victim is one who apprehends immediate harm to himself as a direct result of the event caused by the negligence.
  2. What technical term is used to describe the period of time after an incident, during which a secondary victim must be exposed to the effects in order to claim? Immediate aftermath
  3. In which case did Lord Wilberforce apply his two stage test of liability for psychiatric injury? McLoughlin v O'Brian
  4. Which case signaled the start of the contraction of liability for psychiatric injury?                                                                                                   5. Duty of Care: Economic Loss
  1. What are the three main elements necessary for a situation to be covered by Hedley Byrne-type liability in tort? A special relationship, reliance and that reliance being reasonable.
  2. Which case outlines an exception to the rule that, generally, social situations do not give rise to a special relationship? Chaudhry v Prabhaker
  3. What was the nature of the claimant's actionable damage in McFarlane v Tayside Health BoardWrongful birth
  4. Which case is generally regarded as the ‘high-water’ mark of liability for economic loss in negligence? Junior Books v Veitchi Co Ltd
  5. Which of their Lordships in Caparo outlined the five particular circumstances in which liability for economic loss can lie? Lord Oliver
  6. The courts are reluctant to allow claims for economic loss in tort generally because they say that claimants will often have a more appropriate form of redress; what is this? A claim in contract
  7. Which activity was involved in the facts of Spring v Guardian AssuranceThe writing of an employment reference.
6. Miscellaneous Situations
  1. What is the legally significant difference between a large group of persons and an indeterminate group of persons? An indeterminate group is one whose membership cannot be foreseen.
  2. Which case formed the principle that the police owe no duty of care to      individual members of the public?
  3. What alternative means of recovery is open to victims of torts which are also crimes? Compensation from the Criminal Injuries Compensation Board
  4. What was the public policy decision made in McKay v Essex AHAThat someone cannot claim in tort for having been born (a wrongful life claim).
  5. Is there ever a duty to rescue in the tort of negligence? Only where party has made some undertaking to another, or where the law imposes such a duty (such as parents to their children).
7. Breach of Duty: The Standard of Care
  1. What is the name of the objective test applied by the courts to establish whether or not a defendant has breached his duty of care? The “reasonable man” test
  2. What is important about the fact that this test is objective rather than      subjective? An objective test does not take the characteristics of the particular defendant into account; he is held to an externally defined standard.
  3. What is the concept, used to describe a defendant's conduct, which is often considered by the courts to balance out the taking of risks by that defendant? Utility
  4. Which partial defence to a negligence action is governed by statute enacted by Parliament in 1945? Contributory Negligence — Law Reform (Contributory Negligence) Act
  5. Which test says that “A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”? The Bolam test, from Bolam v Friern HMC
  6. Is it true that the Bolam test applies only to professional doctors? No, it is a test for professional individuals in general.
  7. Which case restricted the effects of the Bolam test? Bolitho v City & Hackney HA
  8. Which technical term means “the facts speak for themselves”? res ipsa loquitur
  9. What was the ratio of Nettleship v WestonThat trainees and learners are subject to the same standards of care as those experienced in the activity; the objective test.

Trots Paper 5 LLB Part one


Reasonable fortitude
  1. What is the legally relevant distinction between a primary and a secondary victim? A primary victim is one who apprehends immediate harm to himself as a direct result of the event caused by the negligence.
  2. What technical term is used to describe the period of time after an incident, during which a secondary victim must be exposed to the effects in order to claim? Immediate aftermath
  3. In which case did Lord Wilberforce apply his two stage test of liability for psychiatric injury? McLoughlin v O'Brian
  4. Which case signaled the start of the contraction of liability for psychiatric injury?                                                                                                   5. Duty of Care: Economic Loss
  1. What are the three main elements necessary for a situation to be covered by Hedley Byrne-type liability in tort? A special relationship, reliance and that reliance being reasonable.
  2. Which case outlines an exception to the rule that, generally, social situations do not give rise to a special relationship? Chaudhry v Prabhaker
  3. What was the nature of the claimant's actionable damage in McFarlane v Tayside Health BoardWrongful birth
  4. Which case is generally regarded as the ‘high-water’ mark of liability for economic loss in negligence? Junior Books v Veitchi Co Ltd
  5. Which of their Lordships in Caparo outlined the five particular circumstances in which liability for economic loss can lie? Lord Oliver
  6. The courts are reluctant to allow claims for economic loss in tort generally because they say that claimants will often have a more appropriate form of redress; what is this? A claim in contract
  7. Which activity was involved in the facts of Spring v Guardian AssuranceThe writing of an employment reference.
6. Miscellaneous Situations
  1. What is the legally significant difference between a large group of persons and an indeterminate group of persons? An indeterminate group is one whose membership cannot be foreseen.
  2. Which case formed the principle that the police owe no duty of care to      individual members of the public?
  3. What alternative means of recovery is open to victims of torts which are also crimes? Compensation from the Criminal Injuries Compensation Board
  4. What was the public policy decision made in McKay v Essex AHAThat someone cannot claim in tort for having been born (a wrongful life claim).
  5. Is there ever a duty to rescue in the tort of negligence? Only where party has made some undertaking to another, or where the law imposes such a duty (such as parents to their children).
7. Breach of Duty: The Standard of Care
  1. What is the name of the objective test applied by the courts to establish whether or not a defendant has breached his duty of care? The “reasonable man” test
  2. What is important about the fact that this test is objective rather than      subjective? An objective test does not take the characteristics of the particular defendant into account; he is held to an externally defined standard.
  3. What is the concept, used to describe a defendant's conduct, which is often considered by the courts to balance out the taking of risks by that defendant? Utility
  4. Which partial defence to a negligence action is governed by statute enacted by Parliament in 1945? Contributory Negligence — Law Reform (Contributory Negligence) Act
  5. Which test says that “A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”? The Bolam test, from Bolam v Friern HMC
  6. Is it true that the Bolam test applies only to professional doctors? No, it is a test for professional individuals in general.
  7. Which case restricted the effects of the Bolam test? Bolitho v City & Hackney HA
  8. Which technical term means “the facts speak for themselves”? res ipsa loquitur
  9. What was the ratio of Nettleship v WestonThat trainees and learners are subject to the same standards of care as those experienced in the activity; the objective test.

Trots Paper 5 LLB Part one Reasonable fortitude


Reasonable fortitude
  1. What is the legally relevant distinction between a primary and a secondary victim? A primary victim is one who apprehends immediate harm to himself as a direct result of the event caused by the negligence.
  2. What technical term is used to describe the period of time after an incident, during which a secondary victim must be exposed to the effects in order to claim? Immediate aftermath
  3. In which case did Lord Wilberforce apply his two stage test of liability for psychiatric injury? McLoughlin v O'Brian
  4. Which case signaled the start of the contraction of liability for psychiatric injury?                                                                                                   5. Duty of Care: Economic Loss
  1. What are the three main elements necessary for a situation to be covered by Hedley Byrne-type liability in tort? A special relationship, reliance and that reliance being reasonable.
  2. Which case outlines an exception to the rule that, generally, social situations do not give rise to a special relationship? Chaudhry v Prabhaker
  3. What was the nature of the claimant's actionable damage in McFarlane v Tayside Health BoardWrongful birth
  4. Which case is generally regarded as the ‘high-water’ mark of liability for economic loss in negligence? Junior Books v Veitchi Co Ltd
  5. Which of their Lordships in Caparo outlined the five particular circumstances in which liability for economic loss can lie? Lord Oliver
  6. The courts are reluctant to allow claims for economic loss in tort generally because they say that claimants will often have a more appropriate form of redress; what is this? A claim in contract
  7. Which activity was involved in the facts of Spring v Guardian AssuranceThe writing of an employment reference.
6. Miscellaneous Situations
  1. What is the legally significant difference between a large group of persons and an indeterminate group of persons? An indeterminate group is one whose membership cannot be foreseen.
  2. Which case formed the principle that the police owe no duty of care to      individual members of the public?
  3. What alternative means of recovery is open to victims of torts which are also crimes? Compensation from the Criminal Injuries Compensation Board
  4. What was the public policy decision made in McKay v Essex AHAThat someone cannot claim in tort for having been born (a wrongful life claim).
  5. Is there ever a duty to rescue in the tort of negligence? Only where party has made some undertaking to another, or where the law imposes such a duty (such as parents to their children).
7. Breach of Duty: The Standard of Care
  1. What is the name of the objective test applied by the courts to establish whether or not a defendant has breached his duty of care? The “reasonable man” test
  2. What is important about the fact that this test is objective rather than      subjective? An objective test does not take the characteristics of the particular defendant into account; he is held to an externally defined standard.
  3. What is the concept, used to describe a defendant's conduct, which is often considered by the courts to balance out the taking of risks by that defendant? Utility
  4. Which partial defence to a negligence action is governed by statute enacted by Parliament in 1945? Contributory Negligence — Law Reform (Contributory Negligence) Act
  5. Which test says that “A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”? The Bolam test, from Bolam v Friern HMC
  6. Is it true that the Bolam test applies only to professional doctors? No, it is a test for professional individuals in general.
  7. Which case restricted the effects of the Bolam test? Bolitho v City & Hackney HA
  8. Which technical term means “the facts speak for themselves”? res ipsa loquitur
  9. What was the ratio of Nettleship v WestonThat trainees and learners are subject to the same standards of care as those experienced in the activity; the objective test.