VOID AND VOIDABLE CONTRACTS

VOID AND VOIDABLE CONTRACTS

Distinction Between Void and Voidable Contracts

Certain defenses – generally those that affect assent – can render a contract voidable by the aggrieved party. Other defenses – typically those that pertain to law and public policy – may render a contract void. The distinction is not clear-cut; for example, while defenses such as incapacity, duress or mistake generally render a contract merely voidable, if the circumstances prevented a meeting of the minds, the contract will be deemed void. Likewise, contracts with an illegal purpose will generally be deemed void unless the parties are not in pari delicto .

The legal effects of a contract being deemed voidable as opposed to void are:

1)  Where a contract is merely voidable, the innocent party may enforce the contract, but the contract cannot be enforced against him. If a contract is void, neither party can enforce the contract.
2)  Rights in a voidable contract are transferable; rights cannot be transferred in a void contract.
3)  If a party improperly transfers property to a bona fide purchaser for value, the injured party may recover the property if the contract governing the transaction is void but not if it was voidable.
4)  Voidable contracts may be ratified by the party with the power to avoid the contract once the reason for such avoidance – such as minor age, mental impairment, duress, undue influence or mistake – no longer exists. Void contracts cannot be ratified.

 Defenses Affecting Assent

[1] Incapacity to contract

[a] Minors

Contracts entered into by a minor (an "infant") – one below the age at which state law deems persons to possess capacity to contract, currently 18 years old in most states – are generally voidable by the minor-party, even if he misrepresented his age. A minor can furthermore avoid contractual obligations for a reasonable time after attaining the age of majority. However, if he fails to disaffirm within a reasonable time, the contract will become binding against him.

[b] Mental Impairment

Mental incapacity can result from mental illness or defect – e.g., senility, insanity, retardation – or drug or alcohol intoxication.

A party that suffers a mental illness or defect at the time the contract is made may avoid the contract where the mental impairment prevented him from:

• understanding the nature and consequences of the transaction; or
• acting in a reasonable manner in relation to the transaction, and the other party had reason to know of his condition.

However, if the contract is made on fair terms and the other party was without knowledge of the mental illness or defect, the incapacitated party may be precluded from avoiding the contract where:

• the contract has been fully or partially performed; or
• the circumstances have changed such that avoidance would be unjust. [Restatement § 15]

A party that was intoxicated when the contract was made may avoid the contract only if the other party had reason to know that, by reason of intoxication, the party was unable to understand the nature and consequences of the transaction or was unable to act in a reasonable manner in relation to the transaction. [Restatement § 16]

[2] Duress

If assent to a contract was obtained by coercion constituting duress, the contract may be avoided by the person subjected to the duress. An improper threat of harm that induces the other party to assent to contract terms constitutes duress. "Improper threat" is established where:

• the threatened act would harm the recipient and would not significantly benefit the party making the threat;
• the effectiveness of the threat in inducing the manifestation of assent is significantly increased by prior unfair dealing by the party making the threat; or
• what is threatened is otherwise a use of power for illegitimate ends. [Restatement § 176(2)]

Examples of duress include threats to:

• commit a criminal or tortuous act against the party, his family or his property
• extort money
• commence a civil action under circumstances which could be deemed abuse of process
• refuse to do business with the party
• blackmail the party
• refuse to perform a contract in order to extract an economically unjustified modification
• terminate an employment contract unless the party or someone close to him consents to an agreement not connected with the employment contract.

The threat must be of sufficient gravity to make the contract voidable, determined based on an examination of the victim's experience, sophistication, age, and other relevant personal characteristics. The highest standard is applied in cases constituting "economic duress", such as refusals to do business with the victim.

[3] Undue influence

A defense based on undue influence may arise where:

• one party takes advantage of the other party's position of weakness, e.g., based on age, illness, mental state, intoxication, etc., thus preventing the latter from exercising free will in the transaction; or
• one party breaches a fiduciary relationship with the other party.

Business contracts between an attorney and his client are presumptively invalid but can be overcome if the attorney demonstrates that:

1)  the transaction was fair and equitable;
2)  the attorney informed the client of the nature and consequences of the transaction;
3)  the attorney fully disclosed his own interest in the matter; and
4)  the attorney encouraged the client to obtain independent advice or rendered the client the type of advice that a disinterested attorney would have given a client.
[4] Mistake

A mistake is an erroneous belief related to the facts as they exist at the time the contract is made.

[a] Mutual mistake

The adversely affected party may void a contract based on mutual mistake made at the time of the contract formation where:

1)  the mistake concerned a basic assumption on which the contract made;
2)  the mistake materially affects the agreement; and
3)  the adversely affected party does not bear the risk of the mistake. [Restatement § 152]

The Restatement's requirement that the mistake concern a basic assumption deviates from early case law that required the mistake to concern the subject matter of the contract. E.g., Sherwood v. Walker, 66 Mich. 568 (1887).

[b] Unilateral mistake

Common law provides that a party may avoid a contract based on a unilateral mistake where the mistake was palpable, i.e., the other party knew or had reason to know of the mistake, such as where the contract contains an egregiously erroneous recording of a price. If the unilateral mistake is not palpable, the aggrieved party may avoid the contract where:

1)  enforcement of the contract against the mistaken party would be unconscionable; and
2)  avoidance would not result in substantial hardship to the non-mistaken party.

Additionally, the following circumstances must exist in order to avoid a unilateral impalpable mistake:

1)  the agreement is entirely executory or the other party can be placed in the status quo ante;
2)  the mistake is substantial (but not astronomical as that would likely make the mistake palpable); and
3)  mistake is of a clerical or computational error or other such misconstruction of the terms.
[c] Mistakes that do not give rise to a defense

A party seeking to avoid the contract may not rely on mistake as a defense where the party:

• assumed the risk of mistake with respect to the accuracy of facts existing at the time the contract was made
• is at fault for the mistake, e.g., erroneous calculation of costs or prices, but generally only where the fault amounts to gross negligence, violation of a legal duty or failure to act in good faith and in accordance with standards of fair dealing
• failed to read the contract (with some exceptions for adhesion contracts or where a writing does not accurately reflect an existing agreement between the parties).

[d] Void Contracts based on Mistake

Mistakes that prevent a meeting of the minds render a contract void, such as where:

• the offeree knows that the offer is the product of a mistake
• the offeror makes the offer to a party intending it for another who is aware of the mistake
• the parties attach a materially different meaning to the communications and neither party is aware or has reason to be aware of the meaning attached by the other.

[5] Misrepresentation

[a] Generally

An aggrieved party may avoid a contract based on misrepresentation where:

•  the assertion was either material or fraudulent; and

•  the person seeking to avoid the contract reasonably relied to his detriment on such assertion. [Restatement § 162]

A misrepresentation is material if:

• it would be likely to induce a reasonable person to agree to the bargain, or
• the party who made the misrepresentation knew or should have known that it was likely to induce the other party to manifest assent to the bargain, whether or not a reasonable person would have been induced.

A misrepresentation is fraudulent if it was made with:

1)  the intention of inducing the other party to rely on it, and
2)  knowledge of its falsity or lack of adequate foundation for the representation. (scienter)

Reasonableness of the reliance is assessed based on the totality of the facts, including the party's age, education, and experience, and the transaction's subject matter, nature, and circumstances under which it was made. Reliance on opinion may be reasonable in some cases where the opinion is expressed by one who possesses or appears to possess superior knowledge on such matter, such as when there exists a special relationship of trust between the parties (e.g., attorney-client).

[b] Misrepresentations of Law and Opinion

Misrepresentations of fact may render a contract voidable. Misrepresentations regarding the law or that constitute an opinion do not render the contract voidable, except where:

• there is a relationship of trust and confident between the parties (particularly important in cases regarding a misrepresentation of the law where the maker of the statement is a lawyer)
• the maker of the statement is in fact or claims to be an expert on such matter
• the maker of the statement has superior access to facts underlying the false opinion
• the statement is made by a third person posing as a disinterested person
• the statement is such that no reasonable person in the position of the maker of the statement could legitimately hold such opinion.

Duress, Undue Influence, or Misrepresentation by a Third Party

The defenses of duress, undue influence and misrepresentation may be available to an aggrieved party even if committed by a third party, if the other party to the contract knew or had reason to know that the victim was improperly induced to enter the contract. Some cases have even allowed such defenses in the absence of the other party's knowledge, unless such other party materially relied on the agreement.

Remedies in Avoidable Contracts

[1] Reformation

When a record does not reflect the parties' agreement due to duress, mistake or misunderstanding, the remedy of reformation may be available, except where the rights of third parties, such as good faith purchasers for value, will be unfairly affected. Reformation addresses nonconformities – typically typographical and other inadvertent errors – in the record that evidences or embodies the agreement, not the contract itself. Reformation does not seek to remake the bargain.

[2] Restitution

Where enforcement of a contract is avoided, a party that has rendered full or partial performance under a contract may be entitled to restitution.
Special rules apply where a contract is avoided based on incapacity. Most states hold that a minor who is a plaintiff in an action to avoid a contract must make full restitution but a minor-defendant need only be liable for the value of tangible consideration still retained. A minority of states (lead by New Hampshire ) takes a different approach and holds a minor liable for the entire value of any benefits received, regardless of whether he is the plaintiff or the defendant.
A mentally incapacitated party who seeks avoidance may be liable for restitution if the other party had no reason to know of the incapacity. If the incapacity should have been obvious to a reasonable person, the incapacitated party will generally be liable only for the consideration received that he still has in his possession. A minority position holds that the mentally incapacitated party need only return consideration still retained, regardless of whether his incapacity was apparent to the other party.
In addition to restitution for consideration (in whole or in part), an incapacitated party will generally be held liable for the full value of any necessities furnished to him or his dependents, such as food and medical care.

Defenses Based on Unconscionability, Law and Public Policy
A contract, in whole or in part, may be void or voidable based on unconscionability, illegality, or violation of public policy. If the contract performances are severable, the court may refuse to enforce the terms that offend law or public policy and enforce the remainder of the contract.

[1] Unconscionability

Generally, a defense based on unconscionability must present both procedural and substantive unconscionability.
Procedural unconscionability, which is manifested by unfair surprise, relates to the aggrieved party's understanding of the contract terms due to factors such as:

• inconspicuous print in the writing
• unintelligible legal language
• lack of opportunity to read the contract or seek clarification of terms
• illiteracy
• imbalanced bargaining positions (such as in adhesion contracts)

Substantive unconscionability relates to contracts that are, in whole or in part, deemed to be oppressive, such as:

• provisions that deprive one party of the benefit of the agreement or an adequate remedy for the other party's breach
• provisions that bear no reasonable relation to the risk involved
• provisions that are substantially disadvantageous to one party without producing a commensurate benefit to the other party
• a great disparity between the cost and the selling price of the item that is the subject of the contract in absence of objective justification for such disparity

[2] Illegality and Violation of Public Policy

Contracts that violate law or public policy may be denied enforcement, such as contracts that involve:

• a crime
• a tort
• a violation of a licensing requirement
• a restraint of trade or interference with contractual relationships of others
• impairment of family relationships
• an interference with the administration of justice
• an agreement not to be bound by usury, limitations or consumer protection statutes
• an exculpatory clause that would absolve a party for liability for harm caused by intentional or reckless conduct
• an exculpatory clause that would absolve an employer for harm caused to an employee by simple negligence
• an exculpatory clause that would absolve a public utility or other public service for harm caused in the course of fulfilling the public service function
• a situation in which the parties are not in pari delicto (not equally at fault)

If a contract violates a law intended to protect a given class of persons, under the principle of in pari delicto, the contract may not be enforced against a party who is a member of such protected class but such member may nevertheless enforce the contract against the other party, e.g., an employment contract that violates the wage-hour law may be enforced against the employer despite the fact that the employer may not enforce the illegal wage-hour provision against the employee.

what are the essential of a valid contract. Discuss them briefly.

Essentials of a valid contract.

What is a contract? 

A contract is an agreement that can be enforceable by law.   An agreement is  an offer and its acceptance.  An agreement which can be enforceable by law must have some essential elements. According to Section 10 "All agreements are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void" As per the above section, a contract must have the following elements.

1.  Intention to create legal relationship.

2.  Lawful object

3.  Agreement not expressly declared void

4.  Proper offer and it s acceptance

5.  Free Consent

6.  Capacity of parties to contract

7.  Certainty of meaning.

8.  Possibility of performance.

9.  Lawful consideration

10.  Legal formalities

Intention to create legal relationship: The parties entering into a contract must have an intention to create a legal relationship. If  there is no intention to create a legal relationship, that agreement cannot be treated as a valid contract. Generally there is no intention to create a legal relationship in social and domestic agreements. Invitation for lunch does not create a legal relationship. Certain agreements and obligation between father and daughter, mother and son and husband and wife does not create a legal relationship. An agreement wherein it is clearly mentioned that "This agreement is not intended to create formal or legal agreement and shall not be subject to legal jurisdiction in the law of courts." cannot be treated as a contract and not valid. 

Lawful Object: The objective of the agreement must be lawful. Any act prohibited by law will not be valid and such agreements cannot be treated as a valid contract. A rents out his house for the business of prostitution or for making bomb, the acts performing there are unlawful. Hence such agreement cannot be treated as a valid contract. Therefore the consideration as well as the object of the agreement should be lawful.

Agreement not expressly declared void: Section 24 to 30 specify certain types of agreement which have been expressly declared void. For example Restraint of marriage which has been expressly declared void under Section 26. If John promises to pay $50 to Mary if she does not marry throughout her life and Mary promise not to marry at all. But this agreement cannot be treated as a valid contract owing to the fact that, under section 26 restraint of marriage expressly declared void. Some of the agreement which have been expressly declared void are agreement in restraint of legal proceedings, agreement in restraint of trade, agreement in restraint of marriage and agreement by way of wager.
Proper offer and it s acceptance: To create a valid contract, there must be two or more parties. One who makes the offer and the other who accepts the offer. One person cannot make an offer and accept it. There must be at least two persons. Also the offer must be clear and properly communicated to the other party. Similarly acceptance must be communicated to the other party and the proper and unconditional acceptance must be communicated to the offerer. Proper offer and proper acceptance should be there to treat the agreement as a contract which is enforceable by law.

Free Consent: According to section 14, consent is said to be free when it is not caused by (i) coercion, (ii) undue influence (iii) fraud, (iv) misrepresentation, or (v) mistake. If the contract made by any of the above four reason, at the option of the aggrieved party it could be treated as a void contract. If the agreement induced by mutual mistake the agreement would stand void or canceled. An agreement can be treated as a valid contract when the consent of the parties are free and not under any undue influence, fear or pressure etc. The consent of the parties must be genuine and free consent.

Capacity of parties to contract: Parties entering into an agreement must be competent and capable of entering into a contract. If "A" agrees to sell a Government property to B and B agrees to buy that property, it could not treated as a valid agreement as A is not authorized or owner of the property. If any of the party is not competent or capable of entering into the agreement, that agreement cannot be treated as a valid contract. According to Section 11 of the Act which says that every person is competent to contract who is of the age of majority according to the law to which he is subject and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. So it is clear that the party must be of sound mind and of age to enter into a valid agreement which can be treated as a valid contract.

Certainty of meaning: Wording of the agreement must be clear and not uncertain or vague. Suppose John agrees to sell 500 tones of oil to Mathew. But, what kind of oil is not mentioned clearly. So on the ground of uncertainty, this agreement stands void. If the meaning of the agreement can be made certain by the circumstances, it could be treated as a valid contract. For example, if John and Mathew are sole trader of coconut oil, the meaning of the agreement can be made certain by the circumstance and in that case, the agreement can be treated as a valid contract. According to Section 29 of the Contract Act says that Agreements, the meaning of which is not certain or capable of being made certain, are void.

Possibility of performance: As per section 56, if the act is impossible of performance, physically or legally, the agreement cannot be enforced by law. There must be possibility of performance of the agreement. Impossible agreements like one claims to run at a speed of 1000km/hour or Jump to a height of 100feet etc. would not create a valid agreement. All such acts which are impossible of performance would not create a valid contract and cannot treated as a valid contract. In essence, there must be possibility of performance must be there to create a valid contract.

Lawful consideration: An agreement must be supported by a consideration of something in return. That is, the agreement must be supported by some type of service or goods in return of money or goods. However, it is not necessary the price should be always in terms of money. It could be a service or another goods. Suppose X agrees to buy books from Y for $50. Here the consideration of X is books and the consideration of Y is $50. It can be a promise to act (doing something) or forbearance (not doing something). The consideration may be present, future or can be past. But the consideration must be real. For example If John agrees to sell his car of $ 50000 to Peter for $20000. This is a valid contract if John agrees to sell his car not under any influence or force. It can be valid only if the consideration of John is free. An agreement is valid only when the acts are legal. Illegal works like killing another for money, or immoral works or illegal acts are cannot be treated as a valid agreement. So, illegal works will not come under the contract act.

Legal formalities: The contract act does not insist that the agreement must be in writing, it could be oral. But, in some cases the law strictly insist that the agreement must be in writing like agreement to sell immovable property must be in writing and should be registered under the Transfer of Property Act, 1882. These agreement are valid only when they fulfill the formalities like writing, registration, signing by the both the parties are completed. If these legal formalities are not completed, it cannot be treated as a valid contract.

Most important essentials of a valid contract are mentioned above. These elements should be present in a contract to make it a valid contract. If any one of them is missing we cannot treat that agreement as a valid contract.

The Law of Contract.

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Q. what do you understand by subordinate legislation. Discuss its chief forms

1. Introduction:- The term legislation is derived from Latin words “legis” meaning law and “latum” meaning “to make”. Legislation means the making or setting of law. In wider sense, the term legislation is used to include all methods of law-making but in a restricted sense, it includes every expression of the legislation.

2. Definition of Legislation:

I. According To Salmond:- “Legislation is that source of law which consists in the declaration of legal rules by the competent authority.”

II. According To Holland:- “The making of general orders by our judges is as true legislation as is carried on by the crown.”

3. Legislation As Source Of Law:- Legislation as a source of law many be discussed by analyzing the following approach.

i.Analytical Approach:-The view of the analytical school is that typical law is a statute and  Legislation is the normal process of law making. They neither approve of the usurpation of the legislative functions by the judiciary, nor considered custom as a source of law.

II. Historical Approach:- The view of the Historical school is that legislation is the least creative of the sources of law. It has no independent creative role at all. Its only legitimate purpose is to give better from and made more effective the custom.

4. Kinds Of Legislation:- According to Prof. Salmond, Legislation is of two kinds:

I. Supreme legislation

II. Subordinate Legislation

I. Supreme Legislation:- Supreme legislation is that which proceed from sovereign power in the state. It cannot be repealed, annulled or controlled by any other legislative authority.

II. Subordinate Legislation:- Subordinate legislation is that which proceed from any authority other than the sovereign power and is Therefore dependant for its continued existence and validity on some superior authority.

Example:
Legislation made by the Municipal corporation is the subordinate legislation.

A. Kinds Of Subordinate Legislation:- Salmond mentions five chief forms of subordinate legislation.

 (a) Parliamentary control which can modify, amend or refuse altogether the powers.

(b) Parliamentary supervision (c) Judicial control

(d) Power must be handed over to trustworthy persons.

(e) Public opinion (f) Experts opinion

(iii) Judicial legislation:- The superior Court are given limited powers to make general rules for the regulation of their own procedure. It is true legislation in the true sense to the term e. g., High Court rules and regulations.

(iv) Municipal legislation:- Municipal authorities are also allowed to make bye-laws for limited purpose within their areas. These are binding upon the people generally and offences against these by-laws are punishable.

(v) Autonomous Legislation:- These are the formal utterances of private persons or groups of them who are given a Limited legislation authority to make laws.

 Both salmond and Gary have held that autonomous legislation it not properly speaking statutory law of the state at all, although it is law within the community which has imposed it.

5. Conclusion:- To conclude, I can say, that legislation consist in the declaration of legal rules by a Competent authority conferring upon such rules, the force of law. It is either supreme or subordinate and difference between these two lies in a fact that the supreme legislation precedes from the sovereign in the state while the subordinate legislation is dependent for its existence and validity on such sovereign authority.

Definition and Scope [of Usul al-Fiqh]

Courts won't enforce 90-day detention rule

http://au.news.yahoo.com/a/-/latest/13307450/courts-wont-enforce-90-day-detention-rule/

What is “Taqleed”? How it is distinguished from “Ijtihad”? DiscussTaqleed and Ijtihad

Taqleed and Ijtihad 1. In the religion of Allah there are orders and prohibitions. He holds His creation accountable for them. There is no way the mukallaf would know that he carried out a devotion prescribed by Allah, and refrained from what He has decreed unlawful, only if he is, in all what he upholds or forsakes, a mujtahid in the rules of shari’a law, or a follower of a competent authority, or one who practices ihtiyat (prudence, or precaution,: level of legal opinion, or ’muhtat’ - a person who is neither a mujtahid nor a follower, but bases his religious practice on either his own knowledge and ijtihad in the precepts of religion or follow a mujtahid).  This is true of matters that are not commonplace, such as the obligations of fasting, prayer, the prohibition of adultery and usury. The same is also right of matters that are clear-cut, i.e. they do not require a lot of effort or study, like some obligations, and the majority of the mustahab (voluntary and meritorious act of worship, and most of the mubah (permissible act)؛ such is known by people with a religious upbringing; and example of this is the obligation on a wife of observing a waiting period after the death of her husband; the same goes for a young wife who is divorced after the marriage has been consummated; taking to remembrance and dua’ (supplication) and the permissibility of consuming fruits. These rules require none of these: ijtihad, taqleed, and ihtiyat. Taqleed is not called for in reaching personal satisfaction through applying one’s own acquired knowledge in accepting what is true or distinguishing between the nature of things. To give an example, you may be able to differentiate between, wine, and vinegar when they are presented to you; the marji’ may not, since he is absent. Therefore, you must exercise your discretion according to your knowledge. 2. Ijtihad is the scientific capability of the person to deduce a legal opinion from the whole body of principles of the faith. Ihtiyat is the execution, by the mukallaf, of any act which may involve an order or an obligation where prohibition is not possible. It is also refraining from doing that which may prove prohibitive or haraam where it is not possible that it is an obligatory one. 3. Taqleed is emulating a jurist as a paradigm. It is realized by acting, or intending to act, as may the circumstances dictate, upon the fatwa of a given mujtahid. This is sufficient for taqleed to be considered sound; this also opens the way for the follower to stick by the fatwa, even after the death of the mujtahid he was following, as will be discussed later. Taqleed                                                4. Taqleed is the most practical way for people to resort to. It is quite natural to seek the guidance and help of those specialized in the different disciplines. Taqleed is therefore an obligatory duty on everybody who has not attained the level of ijtihad. The person who should be followed must be adult, sane, of a legitimate birth, believer, mujtahid - practicing ijtihad is a prerequisite - and just. As for the condition that the mujtahid be male, it is a matter for contemplation. As a matter of ihtiyat, it is also conditional that the mujtahid be among the living, if he was to be followed for the first time. This should not the case, if the follower were to adhere to the fatwa of the mujtahid, he followed during his life time, even after his death; this is also true, if the follower has sought the approval of a fully-fledged living mujtahid for remaining on his following of the dead mujtahid. 5. Suppose there were many jurists around. Is it permissible to emulate any of them, or does it have to be the most learned among them? A. It is not obligatory to emulate the most knowledgeable. It suffices to follow any one of them, provided that he is a practicing mujtahid as has been discussed. 6. How can a person know the mujtahid so described? A. He can be recognized by a number of ways, among which are: a. The testimony of two just witnesses among the competent mujtahids, or luminaries, who are capable of academic appraisal. The meaning of ’just’ will be discussed under paragraph (27) of this chapter. b. The follower’s own experience and first hand knowledge, i.e. if he had the knowledge that allows him to express an opinion, even though he is not a mujtahid himself. Finally, any other means that may lead the follower to reach certitude that particular alim he has followed is a jurist. Thus, he can be justified in following the jurist in matters of religious practice. An example of this method is the jurist’s popularity, in that it could be widely believed within the circles of Ulama and dignitaries, or within the Islamic nation (Ummah) that he is capable of deducing legal opinion. This may lead to personal satisfaction that the alim you have entrusted your religious affairs to is really mujtahid. 7. Is it permissible to switch one’s following from one jurist another? Yes, it is. 8. In taqleed, is it good enough to follow a particular jurist in certain matters and another in other matters? A. Yes, it is permissible, provided that when you switch to another jurist in a particular matter, you should abide by his fatwa, especially when you know that changing your mind again would certainly entail committing a wrongdoing (mukhalafah). For example, if you have shifted to a jurist who is of the opinion that a given act is haraam, then changed course again to another jurist who sees it is wajib (an obligatory act of worship), you are not allowed to change again. 9. The follower can know the fatwa of his jurist by one of these ways: a. Face to face contact. b. The fatwa can be communicated to him through two witnesses of impeccable character. Their testimony should serve as evidence. c. The follower can be notified by a person of unblemished character, or another whom he knows to be truthful, and reluctant to tell lies, even though he may not be just or devout in all his conduct; we describe this type of person as ’trusted’, and wherever we mention such an adjective, it also covers that of the "just". d. The follower may find the fatwa in a book written, or endorsed, by the marji’, such as the dispensation on matters of religious practice (ar- risalal amaliyah). 10. Suppose that the follower came to know, from two different people - both are of impeccable character, of two conflicting fatawas. What should he do? A. If the two sources were quoting two different dates for their knowledge of the fatwa, the follower has to act on the fatwa with the more recent date. For example, the first person may be talking of a fatwa he knew of a year ago, whereas the second may be talking of a fatwa he knew of a month ago; the fatwa which should be acted upon should be the one related by the second person. If both of them were talking of the particular fatwa, quoting the same date, the follower should not rely on any one of them. Instead, he should resort to ihtiyat until the matter is clarified. 11. The follower may doubt that the fatwa of the marji’ has changed, and that it is possible that he has already changed to a new one. In this case, he must stick by the previous fatwa on the basis that it is still valid, unless there is a legal proof to the contrary. The follower may doubt that the marji’ has failed in meeting all the conditions necessary to be marji’. In this case, he must take the initiative to investigate the matter. During the investigation period, he must adhere to the fatwa of his existing marji’. If he finds out that the marji’ is still fulfilling all the conditions, he should stay loyal to him. He may find out that the marji’ has fallen short of satisfying all the conditions. Or he may not find anything, yet the doubts have dented his confidence. In such a case, he should change to the marji’ who fulfils all the conditions. As for legitimizing his past acts, he should resort to the new marji’, if he knows how to go about it. Otherwise, he should consider them correctly executed. 12. While offering prayer, the follower may experience a situation where he thinks it could have detracted from the validity of his prayer. He may not be that conversant with the guidelines of rectifying the situation. What should he do, especially when it is known that he cannot ask about the remedial action while praying? A. It suffices that he does what he believes to be right under the spur of the moment. However, he should consult his marji’ for the right directive and act upon it. He cannot forsake such a consultation and rely solely on the action he took there and then. 13. If the marji’ dies, what should the follower do? A. He has the choice of sticking by the marji’ or changing to another one. 14. If the follower chose to change to another marji’, how should he go about the acts of worship he had performed, such as prayer and fasting? A. He is not required to repeat any of the previous acts of worship, where the opinion of the newly adopted marji’ differs from the previous one in such matters where the person who is not conversant with the rules cannot be held responsible. For example, under the previous marji’, the follower was required to say once, the tasbih (utterance of subhanal lahi wal hamdu lillahi, wala illaha illal lahu wallahu akbar) in the third and fourth ruku’ (the bowing position) of prayer. However, under the new marji’, he must repeat it three times. Differences of this kind do not warrant repeating previous prayers. However, the differences between the two marji’s may be in the rules governing wudhu (ablution required before the performance of certain acts of worship), tayamum (lit. intending or proposing to do a thing - dry ablution, i.e. using dust instead of water, as in the cases of wudhu and ghusl when, for specific reason, these acts are not possible), ghusl (obligatory bathing which is required after certain acts or occurrences), or the fundamental parts of prayer. In such a case, the person who is not aware of the rules would be held accountable, when contravening them. In ghusl, for example, the previous marji’ may not call for the sequential washing of both the sides of body, whereas the new believes that the order of washing must be observed. Here, the follower should regard all his bygone acts of worship [of this nature] as null and void. Thus, he should hasten to repeat the same, time permitting. If not, he should perform them qadha(in lieu - when any act of worship is performed at a later time, see ada’). 15. The agent or the guardian of any person should act according to the taqleed of that particular person, for the simple reason that if he were to resume his affairs in person, he would certainly abide by the fatwa of his own marji’.  However, if a certain action runs contrary to the agent’s own taqleed, he should resort to ihtiyat. This is the case in ibadaat (acts of worship). Insofar as mu’amalaat (transactions) are concerned, the agent should act according to the remit of the power of attorney without exception. As for the actual person, he should be acting pursuant to his own taqleed, in that he has to consider the opinion of his marji’ as the final authority; this should be the case not only when conducting his own affairs, but rather in all matters relating to him. For example, a particular person embarks on a given transaction, by selling one Pound sterling in cash to be repaid in a Pound sterling and a half at a later date; his arbiter in so doing is the fatwa of his own marji’. That said, the other party to the deal happened to be following a marji’ who sees otherwise. In such a case, the second party should abide by the fatwa of his marji’, thus ruling the deal to be null and void, and the money received by the first party illicit. He should therefore not allow himself to be party to such a transaction.  Any two parties may enter into a sale contract which involves offer by the seller and acceptance by the buyer. In this case, it is not permissible to either party to rule the deal valid, unless it concurs with the opinion of their respective marji’. The party who concludes that it does can go ahead, should the other party be intent on agreeing on the text of the contract. The only exception here is when a person commits a wrongdoing through ignorance, i.e. not knowing the rules. In such a case, his action is deemed correct. Ijtihad                                                 16. Ijtihad is a collective type of obligation )wajibun kifa’ie(, i.e. it is imposed on the Muslim community at large, in that if some members take it upon themselves to discharge it, the rest are absolved of the responsibility. Conversely, if all Muslims neglect the obligation of ijtihad, all will be deemed sinful. The shari’a has not prescribed a ceiling for the number of mujtahids. It is determined by the need that may arise from time to time. 17. Ijtihad is of two types: One is complete; the jurist who attains this level of ijtihad is called "an absolute mujtahid" - mujtahid mutlaq. Such a mujtahid is capable of deducing legal opinion from its respective source in the different fields of fiqh (jurisprudence).The other is incomplete; the jurist who manages thus far is partially equipped, i.e. having attained ijtihad only in some branches of the shari’a. Thus, he is capable of deducing a limited legal opinion. Both the mujtahids can practice ijtihad, within the bounds of their own capability of arriving at legal judgments from their respective sources. Each one of them can express his views and fatwa.  However, they are dissimilar in some other aspects as will be discussed in the following paragraph. 18. If the fully-fledged, or absolute, mujtahid meets all the conditions laid down by the shari’a for the marji’, discussed under para(4), the mukallaf can follow him. The mujtahid can also exercise general guardianship (wilayah aammah) over the affairs of Muslims, provided that he is competent all round. The absolute mujtahid qualifies to head the judiciary; by virtue of this he is called judge, or religious authority, (al-hakimush shari’i). The fledgling mujtahid cannot exercise general guardianship over the affairs of Muslims, but his legal judgment, [i.e. in a judiciary setting], has a legal force, even in cases where he might not be more knowledgeable than some other mujtahids. It is permissible for the common man to follow his legal opinion, although his knowledge could be inferior to that of some other mujtahids. There falls under the definition of guardianship of the mujtahid such things as safeguarding the affairs of minors, such as the orphan and the mentally handicapped, public endowments, should they have no guardians of their own. The guardianship of the mujtahid over such affairs could be direct or through intermediaries. If the mujtahid appointed someone for this purpose, then , he passed away, is the appointee justified in continuing to exercise his attorney? A. If the dead mujtahid had appointed the agent (wakeel) to run the affairs of a particular party on his behalf, the attorney is no longer operative after the death of the mujtahid. The agent should therefore turn to a living mujtahid. However, if the deceased had granted the person guardianship, by such wording as, "I make you the guardian over the possessions of this orphan", it remains enforceable, even after his death. If the religious authority (al-hakimush shari’i) rules in a case based on the public interest, all Muslims should uphold the ruling. There should be no excuse for anyone who may think that such public interest is not important. To give an example, the shari’a has prohibited the monopoly of certain essential merchandise, leaving it to the religious authority to use his discretion to ban free trading in other types of goods by fixing such prices to serve the public interest. If he exercised such mandate, he must be obeyed. 19. It is forbidden for someone who is not mujtahid to issue a fatwa. However, it is not forbidden for someone who is a Mujtahid, but not wholly qualified to be marji’, to issue a fatwa by way of making his opinion known; it is forbidden for him, though, to declare himself an authority for the others to follow. 20. It is forbidden for someone to be judge, if he is not trained and consequently qualified in the discipline. By the same token, it is forbidden for defendants to be tried by him; the same goes for those who are called to give evidence before him. Any judgment of compensation, for instance, passed in favor of any party of a lawsuit is unlawful to be had. However, it is permissible for the side to have redress before such a judge. Should his judgment on the matter be sound, and the disputed claim relates to something tangible he should receive back the same; if it were debt, he should obtain the permission of the religious authority to restore it. 21. The fully-fledged mujtahid may pass judgment in a dispute between two persons. Provided that he spares no effort in applying justice, no other mujtahid shall have the right to overturn the decision, even if the latter is absolutely sure that the party in whose favor the judgment was passed is not in the right. 22. Suppose the mujtahid passed judgment in a disputed ownership of a house in favor the plaintiff. There might be someone who knows that the house belongs to the defendant. Should this person conduct himself in terms of the truth he knows, or according to the judgment of the mujtahid. For instance, if he were to rent the house, whom should he approach, the first party or the second? A. He should act according to his own knowledge. As for those who are not in a position to know for sure that the house does not belong to the plaintiff, they should abide by the judgment of the mujtahid; it is not permissible for them to disobey it. Ihtiyat                                                  23. Ihtiyat is the third way to pious deeds. It is of two kinds. The first requires repetitive action; the second does not require it. Here is an example taken from the duty of prayer. In the repetitive action, the mukallaf may not be aware that, in certain circumstances, it is obligatory on him to perform Dhuhr prayer by way of quasar (a shortened form of prayer - a concession for a musafir ’traveller’ to perform a two-raka’a prayer instead of the full four-raka’a one; see tamam), i.e. two raka’a instead of four; it could also be the case that what is required of him is that he must say it tamam (a full four-raka’a prayer; see qasr). Yet he is at loss as to the right course of action. If he resorts to ihtiyat, he must offer that particular prayer in both modes, that is to say, once qasr and the other tamam. In the second, which does not require repetitive action, the mukallaf may not be aware of the rule governing iqamah (a shortened form of adhan, heralding the inauguration of prayer), in that he does not know whether it is wajib or mustahab (a voluntary, and meritorious, act of worship; see wajib - obligatory). Should he choose to apply ihtiyat, he could utter iqamah and offer prayer. This does not entail repetition.  Both the types of ihtiyat are permissible, regardless of whether or not the mukallaf was capable of arriving at the legal requirement with utmost precision, by way of taqleed, or indeed was not in a position to do so. 24. However, this does not mean that the layman can do away with taqleed by taking to ihtiyat. This is because acquiring knowledge, of the manner through which ihtiyat is achieved, requires wide expertise in the field of jurisprudence. It is therefore necessary that the person who applies ihtiyat be conversant with all the situations that may entail obligatory action to be taken, on the one hand. On the other hand, he should also be acquainted with all the things that may require him to steer clear from committing what could be haraam.  25. In addition to that, applying ihtiyat may not be feasible at all, in that the devotee may be apprehensive that his action may put him at loggerheads with the dictates of Allah, the Exalted, in any case. Thus, he will not be in a position to ascertain that he complied with what Allah has decreed lawful or otherwise, unless he has full and specific knowledge of the rules. 26. There is many a situation where the worshipper is not quite sure that he has conducted himself in the most acceptable manner insofar as the legal requirements are concerned, hence the need for prior knowledge of the rules governing his conduct. This is because falling back on ihtiyat at a given situation may not be feasible without that knowledge. For example, the doubt in the number of raka’a in prayer requires the worshipper to be aware of the rules, so that he could take remedial action. The worshipper must also acquire knowledge of the means of addressing any inadvertent additions or omissions in a given act of worship. In general, it is incumbent on every mukallaf, man and woman, to be knowledgeable in matters of religion and the laws governing them. Equipped with such acquired knowledge, the mukallaf will be capable of dealing with any eventuality. Neglect of duty under the pretext of ignorance, as to whether or not they are obligatory, is not excusable; so is improperly discharging them due to lack of detailed knowledge. To absolve oneself of the responsibility before Allah, the Most High, one should be sensitive to what is required of him in discharging his obligations, such as prayer and fasting, in the most acceptable manner.  Probity                                                                               27. As we have already concluded, probity is one of the conditions the marji’ should fulfill. It is also a legal requirement in numerous other situations, such as: Probity could be defined as strict adherence to the Islamic shari’a law. Allah The Almighty, has declared in His Holy Book, "Continue then in the right way as you are commanded, as also he who has turned (to Allah) with you, and be not inordinate (O men!), surely He sees what you do". (11/112). He also said, "And that if they should keep to the (right0 way, We would certainly give them to drink of abundant water,.." (16/72).  That said, probity should come naturally and be constant, as though it is part and parcel of the character of the person thus described. There is no difference here between refraining from commissioning a serious sin or a petty one, nor between embarking on a tiring obligatory act of worship or any other act, so long as submission of the devotee is an integral part of obeying what Allah has ordained halal, and shunning what He has decreed haraam. As for him who is lethargic vis-à-vis Allah’s laws, he is among those referred to in the ayah (lit. a sign - a unit, or verse, of the Holy Qur’an), "And seek assistance through patience and prayer, and most surely it is a hard thing except for the humble ones". (2/45). Among other instances where probity should be manifest are public guardianship of Muslim affairs, the judiciary, leading congregational prayer, giving evidence in court, and witnessing a divorce procedure. All these responsibilities call for anyone involved in them to be of an impeccable character and unwavering faith in the dictates of the shari’a. The heavier the responsibility, the more deep-rooted rectitude is required, for it is the safety net against lapses. This is true of the high standard of morality and integrity required of those who take it upon themselves to be marji’.  28. Probity can be proven by any of the following: a. First hand information and personal experience. b. Testimony of two witnesses of unblemished character. c.. Testimony of a trusted person (thiqah). d. The person in question can readily be identified, through the way they conduct themselves, to be righteous, pious, and God-fearing; this is sufficient to call them thus, without the need to reach certainty. 29. If the just person succumbs to his frailties and, in a moment of indiscretion, commits a sin, they can no longer be described as being upright. If they repent, they may be recognized thus afresh, so long as obedience of Allah is the overriding characteristic of their psyche.

IMPORTANT QUESTIONS LLb PART I

PAPER 1 ISLAMIC JURISPRUDENCE

0. SOURCES OF LAW

Q. What are sources of Islamic law discuss in detail? (2008-A)

1. QURAN

Q. Discuss Quran as a source of law. Also explain the theory of abrogation. (2007-S)

Q. Describe the importance of Quran as primary source of Islamic Law in the Islamic legislation. (2006-A 2002-A)

Q. Discuss the theory of abrogation in Quran in detail. (2006-A 2003-A 2002-S)

2. SUNNAH

Q. Describe various kinds of Sunnah mentioning their role in Islamic legislation. (2009-A 2007-A 2005-S 2004-A 2003-A) Narrate difference between Sunnah and Hadith.

Q. Discuss Sunnah as a source of Law. (2008-S)

Q. Quran and Sunnah can’t be detached from each other. Support your answer with reason. (2009-S 2002-S)

3. IJMA & QIYAS

Q. Define and discuss Ijma as source of Islamic Law. (2009-A)

Q. Define Ijma. What are its kinds & how conducted? (2005-A 2002-A)

Q. Define & distinguish between Ijma & Qiyas as a source of Islamic law. (2002-S)

4. IJTEHAD & TAQLEED

Q. Define Taqleed & Ijtehad. How they both can be distinguished? (2008-S 2005-A 2004-S)

Q. Narrate the qualifications of Mujtahid in Islamic Law.

Q. What is ijtihad ,how it is cinducted and Narrate the qualifications of Mujtahid in Islamic Law.? (2008-A)

5. OWNERSHIP

Q. What are the modes of acquiring ownership & losing it in Islam? (2009-A 2008-A 2007-S 2006-A 2005-A 2004-A 2003-A)

6. CONTRACT

Q. What are the ingredients of a valid contract under Islamic law? (2008-S 2007-A 2006-A 2005-A 2004-A 2003-S 2002-S 2002-A)

7. CUSTOM

Q. Define custom. What are the essential ingredients of a valid custom under Islamic Law? (2005-S 2002-S)

Q. Define custom as a source of law in Islam. What is the status of pre-Islamic customs? (2004-S)

8. JEHAD

Q. Define and discuss the scope of Jehad in Islam under International Law? (2009-A)

Q. Jehad why it’s waged and what acts are permissible and prohibited during Jehad? (2007-A 2005-S 2004-A, S 2003-S 2002-S)

9. SOVEREIGNTY

Q. Explain the concept of sovereignty in Islam. To what extent it is different from the concept of modern democracy? (2008-A 2006-A)

Q. What are the qualifications for head of an Islamic State? (2004-S)

Q. Explain the concept of sovereignty in Islam. What are the qualifications for the head of an Islamic State? (2007-S 2004-S)

10. STATE

Q. Discuss the concept of state in Islam. (2008-S 2007-S 2005-S)

Q. Some jurists divide the world into two arts. Dar-ul-Islam & Dar-ul-Harb. What are the consequences of such division? (2004-S)

11. SOURCES OF REVENUE

Q. What are the traditional sources of revenue of an Islamic State? (2007-A 2006-A 2005-A 2004-S, A 2003-S 2002-A) Can some other sources of revenue be levied? (2002-S)

Q. What are different sources of revenue of Islamic state (2007-S) discuss the present tax system in light of Islamic injunctions? (2008-A)

12. PUNISHMENT IN ISLAMIC LAW

Q. Define Hadd & Tazir. What is the distinction between these two? (2009-A 2008-S A 2006-A 2005-A 2004-A 2003-S)

Q. Discuss Qisas & Diyat. What is the distinction between two? (2007-A 2006-A) Do u agree to proposal of conversion of death penalty into life imprisonment in murder case? (2008-A)

Q. Define Hadd and Tazeer. What are the offences termed as Hadood cases in Islam? (2008-S)

Q. What is the object of punishment in Islam? Conversion of death sentence into life imprisonment may serve the purpose. Do you agree? (2008-S)

Q. What is the object of punishment in Islam? What are the different kinds of punishment in Islamic Law? (2007-A 2006-A 2005-S)

Q. Describe briefly the salient features of Islamic Criminal law. (2003-S 2002-A)

Q. Define & discuss all the seven crimes of Hadood in detail. (2002-S)

13. JUDICIAL SYSTEM

Q. What is the judicial system of an Islamic state? (2005-S) Discuss the qualifications for a Qazi in Islamic law. (2008- S, A 2006-A 2004-S 2003-S)

14. LAW OF EVIDENCE

Q. What are the qualifications of a competent witness for testifying? Discuss the status of woman as a witness. (2007-S A)

Q. What are the qualifications of a competent witness for testifying? (2009-A 2008-A 2004-A)

Q. Discuss the status of woman as a witness in Islamic law. (2005-S 2004-S 2003-A 2002-S, A)

15. SHURAA

Q. Islam propounds the doctrine of ‘Shura’ which differs from prevalent Democracy, do you agree? (2009-A)

Q. “The legislature in the present system plays the role of Shura as provided in Islam”. Comment (2008-S)

Q. Discuss the characteristics, importance & role of Shuraa in an Islamic State in the light of Quranic verse. (2007-S 2005-S, A 2003-S, A)

Q. Discuss the constitutional structure of an Islamic Law. (2004-A)

Q. Discuss role of Shura in Islamic state can present legislation be termed as Shura? (2008-A)

16. RIGHTS

Q. What is meant by public & private rights? Which one is more important & why? (2009-A 2008-S 2007-A 2006-A 2003-S)

17. LEGAL DISABILITY

Q. What is legal disability? How it becomes defective and what are the consequences of its defect? (2007-A)

17. NOTES

i) Imam Shafi Theory of Abrogation Daman (2007-A)

ii) Istidlal Arsh Istehsan (2007-S)

iii) Istehsan Arsh (2008-S)

iv) Qiyas Zakat (2009-A)

18. IMAMS

Q. Discuss the role of Imam Abu Hanifa (RA) towards the compilation of Fiqh. (2008-S)

19. SCHOOL OF THOUGHTS

Q. Discuss the role of different Muslim School of thought in codification and compilation of Islamic Law. (2009-A)

PAPER 2. ENGLISH JURISPRUDENCE

1. NATURE & SCOPE OF JURISPRUDENCE

17. Define Jurisprudence. Explain the various kinds of Jurisprudence. (2009-A 2007-S 2005-S 2004-A,S 2003-A 2002-S 2001-S) Discuss scope of analytical jurisprudence? (2008-A)

17. Define Jurisprudence. Discuss the scope of analytical, historical & ethical jurisprudence? (2002-A 2001-S 2000-S)

2. LAW OF PROCEDURE

17. Discuss various rules of production and valuation of evidence. (2008-S)

Q. Define Evidence. What are the various kinds of evidence? (2007-S 2006-A 2005-S 2005-A 2004-S 2000-S)

17. Explain the difference between substantive and procedural law? (2006-A 2004-A 2002-A 2001-S)

3. ADMINISTRATION OF JUSTICE

17. What is the administration of Justice? Briefly trace its origin. (2009-A 2007-S A 2005-A 2004-S 2002 S)

17. Explain the secondary functions of the law court. (2008-S 2007-S)

Q. Discuss the primary and secondary functions of the Courts of law. (2007-A 2006-A 2005-A 2004-A 2002-A 2001-S 2000-S)

17. Discuss the various theories of punishment. (2007-A 2006-A 2005-S 2004-S 2003-A)

4. NATURE OF LAW

17. Define Law. Explain the classification of Civil Law. (2007-A)

17. Is law territorial in nature? Discuss through examples. (2009-A 2008-S 2007-S 2006-A 2005-S 2005-A 2003-A 2002-A)

17. Define law. What are the advantages & disadvantages of fixed rules of law? (2005-A 2004-S 2001-S 2000-S) (2008-A)

Q. Discuss imperative theory of law, also discuss criticism against it? (2008-A)

17. Imperative theory of law by Austin “Law is the command of sovereign”. Discuss (2007-S 2005-A 2004-S 2002-S 2002-A 2001-S)

Q. Explain the imperative theory of law; also discuss the objections raised against Austinian Theory. (2009-A)

17. Explain the terms Q of law, Q of fact and mixed Q of law & fact. (2007-A 2004-S 2003-A 2002-S)

5. LEGAL RIGHT

Q. Explain with examples the following types of legal rights:

a) Rights in re-propria/rights in re-aliena

b) Principal and accessory rights

c) Vested and Contingent Rights (2009-A)

17. Define legal right. Narrate the essentials of a legal right. (2008-A 2005-S 2005-A 2004-A 2003-A)

17. What are the various kinds of legal Rights? (2007-S 2002-S)

17. Define legal right, explain the following: (2006-A 2004-S 2002-A 2001-A)

i)      PosItive & Negative Rights

ii)     Vested & Contingent Rights 2008-S

iii)    Real & Personal Rights

iv)    Right in Rem & Right in Personam

v)     Principal & Accessory Rights 2008-S

vi) Rights in re-propria/rights in re-aliena 2008-S

6. CUSTOM

Q. Define Custom. What are the various kinds of Custom? (2007-A 2005-S 2003-A 2002-S)

Q. What are the pre-requisites of a valid custom? (2007-S 2004-S 2001-A 2000-S)

7. LEGISLATION

Q. Discuss various principles of interpretation of enacted law. (2009-A 2008-A 2007-A)

Q. Define Legislation. Explain various kinds of legislation. (2005-S)

Q. Compare legislation with Precedent. Explain which one, as a source of law, is superior to other. (2008-S)

Q. Discuss how legislation is superior to precedent? (2005-A 2002-S)

Q. Enumerate briefly advantages & disadvantages of legislation as law. (2000-A)

8. PRECEDNET

Q. Define Precedent. Explain the classification of precedent. (2004-A)

Q. Notes: a) Ratio Decidendi b) Stare Decisis c) Obiter Dicta (2009-A 2007-S 2005-A 2003-A)

Q. Discuss those circumstances which increase the authority of a precedent and those that decrease the weight of precedent. (2008-S)

Q. What are the circumstances, which destroy or weaken the binding force of precedent?

9. AGREEMENT

Q. Explain the kinds of agreement. What are the causes of invalidity of agreement? (2007-A)

Q. What are the various kinds of agreements? (2003-A) What are the essentials of a valid legal agreement? (2000-S)

Q. Define Agreement. Discuss the causes of invalidity of agreements. (2004-A)

10. PROPERTY

Q. Define property. What are various kinds of property? (2003-A 2002-A 2000-A)

Q. What are the various modes of acquisition of property? 2007-A 2006-A 2005-A 2004-A 2002-S) (2008-A)

11. PERSON

Q. Define person. Describe various types of legal person. (2008-A 2006-A)

Q. Define Person. Distinguish between corporation & firm. (2009-A 2005-A 2004-A 2002-A 2001-S) What are the objects & uses of incorporation? (2003-A) Discuss the liabilities of a corporation. (2008-S)

12. POSSESSION

Q. Define Possession. Discuss various modes of acquisition of possession. (2009-A 2007-S 2008-S 2005-S 2004-S)

Q. Possession is the 9/10^th of ownership. (2004-A 2002-S 2001-A)

Q. Define Possession. What are various kinds of possession? (2002-A)

13. OWNERSHIP

Q. Define Ownership. What are the kinds of ownership? (2006-A 2004-S 2002-S 2001-S)(2008-A)

i)      Vested & Contingent Ownership

ii)     Sole & Co-ownership (2007-A)

iii)   Trust & Beneficial Ownership 

14. LIABILITY

Q. In light of the relevant case law explain the law of Negligence. (2007-S A 2006-A 2005-S 2005-A)

Q. Define & explain the doctrines of strict & absolute liability. (2008-S 2005-S)

Q. Explain the doctrine of vicarious liability. Give illustrations to support your answer. (2009A 2004-A)

15. NOTES

i) Stare Decisis Obiter Dicta (2007-A)

ii) Rights in rem and personam Principal and Accessory Rights (2007-S)

iii) Obiter dicta Ratio Decidendi Fiction (2008-A)

iv) Vicarious Liability Res Nullius (2008-S)

LLB PART I

PAPER 3. CONSTITUTIONAL LAW I

A) BRITISH CONSTITUTION

1. SALIENT FEATURES

Q. Critically analyze the salient features of British Constitution. (2009-A 2007-A 2005-S 2004-S 2003-A 2002-S 2001-A)

2. SOURCES

Q. Describe the sources of British Constitution and highlight the legal sources. (2005-A 2003-A 2002-S, A 2001-S 2000-A)

3. CONVENTIONS

Q. Explain the conventions of British Constitution by giving examples of important conventions. (2007-A 2005-A 2004-A 2002-S, A 2001-S, A 2000-S)

Q. Explain the sanction behind convention’s which enforced them? (2009-A 2008-A)

4. SUPREMACY OF PARLIAMENT

Q. What are limitations on parliamentary sovereignty? Discuss (2008-S)

Q. Discuss the Supremacy of Parliament & explain the factors responsible for it by giving examples. (2007-S 2005-S, A 2004-S 2001-A 2000-S)

5. FUNCTIONS OF PARLIAMENT

Q. Explain in detail the functions of Parliament. (2005-A) What are the judicial functions of Parliament? (2006-A 2004-A 2003-S) Discuss the parliamentary procedure for law making under the British Constitution. (2001-S 2000-A)

6. COMPOSITION OF PARLIAMENT

Q. Explain the Composition of British Parliament. (2005-S)

Q. What is meant by Responsible Government? (2005-S 2001-S)

Q. Discuss the nature composition & functions of the House of Lords. (2006-A 2000-A)

Q. Discuss the functions of the two houses of Parliament and their relationship with each other. (2002-S)

Q. “House of Commons is more powerful than House of Lords”. Explain (2007-A 2003-S 2002-A)

Q. Discuss judicial functions of House of Lords. (2008-S)

Q. Explain powers & functions of house of common? (2009-A 2008-A)

7. CABINET

Q. State the nature, composition & functions of the Cabinet in England. (2007-S 2005-A 2003-S 2002-A 2001-A)

8. RULE OF LAW

Q. What is ‘rule of Law’? Discuss its significance, whether there are some exceptions to it under British Constitution. (2007-S 2007-A)

Q. Whether the parliamentary sovereignty & rule of law oppose to each other Discuss? (2009-A 2008-A)

Q. Write an essay on ‘The Rule of Law’ as it prevails in England. (2005-S, A 2004-A 2001-A)

9. SEPARATION OF POWERS

Q. What is the theory of “Separation of Power” and to what extent it is embodied in the British Constitution? (2006-A)

10. COURTS

Q. What are different kinds of Courts in England and what type of different laws are followed by the Courts in England? Discuss (2009-A 2007-A)

Q. Discuss ‘Independence of Judiciary’ in England. (2007-S 2003-A 2000-S)

11. MINISTERIAL RESPONSIBILITY

Q. Explain the doctrine of ministerial responsibility under the British Constitution. (2009-A 2006-A 2003-A)

12. ROYAL PREROGATIVES

Q. Up to what extent the phrase, “the King can do no wrong” holds good today? Explain. (2004-A)

Q. ‘The King can do no wrong’ is taken differently now than in the past. Explain. (2003-A 2002-S 2000-A)

Q. ‘The Crown is an institution which never dies”. Discuss the maxim & enumerate the powers, duties & position of the Crown. (2006-A 2001-A 2000-S)

Q. What do you understand by the Royal Prerogatives? How the prerogatives are exercised? (2005-S 2004-S 2003-S 2001-S)

Q. What are different privileges available to Crown? Explain. (2007-S)

Q. What do you mean by Crown’s Prerogatives? Discuss its different classifications. (2008-S)

Q. What are political prerogatives of crown under British constitution? (2008-A)

13. FLEXIBLE

Q. Highlight the salient features of a flexible Constitution comparing it with the rigid one. (2003-S 2000-A)

Q. The British Constitution is flexible & terribly adaptable. Explain.

14. WRITTEN & UNWRITTEN

Q. What is the difference between written & unwritten Constitution. Explain with examples. (2000-S)

15. MISCELLANEOUS

Q. Explain in detail the legal concepts of Constitution & Constitutional Law. (2004-S)

Q. Write an essay on “The British Constitution is the mother of all English Speaking Constitution.” (2004-S)

Q. The English Constitution is the part of common law discuss. (2000-A)

16. NOTES

i) Bill of Rights (2007-S 2003-S,A 2002-S)

ii) Magna Carta (2007-S 2006-A 2003-S)

iii) Lord Chancellor (2007-S 2004-A 2003-A 2002-A 2001-S)

iv) Privy Coucil (2006-A 2004-A)

v) Conventions of the Constitution (2004-S)

vi) Cabinet System (2004-S 2002-A)

vii) Petition of Rights (2003-S, A)

viii) Act of Settlement (2002-S)

ix) Habeas Corpus (2001-S)

17. COMMITTEE SYSTEM

Q. Discuss different kinds of Committees in the House of Common. (2008-S)

18. NATURE OF GOVT. SYSTEM

Q. Distinguish between federal & unitary system? (2008-A)

19. PRIME MINISTER

Q. Discuss the position of prime minister under British System. (2008-S)

20. FUNDAMENTAL RIGHTS

Q. “The Constitution of England is unwritten and hence there are no fundamental right in the sense that we have in some of written constitution.” Comment on this statement with reference to fundamental rights in England. (2008-S)

B) AMERICAN CONSTITUTION

1. SALIENT FEATURES

Q. Explain the salient features of US constitution. (2009-A 2007-S 2005-S 2004-A 2002-A 2001-S 200-S 2000-A)

Q. Discuss in detail the characteristics of the US Constitution. (2003-S)

2. RIGIDITY

Q. US Constitution is Rigid. Explain (2005-S 2003-A 2000-A) (2008-A)

3. CONSTITUTIONAL HISTORY

Q. How the American Constitution has been developed during the last two centuries? (2007-A, S)

Q. Give a brief account of the constitutional history of USA. (2008-S 2006-S 2005-A 2001-A)

4. BILL OF RIGHTS

Q. Fundamental Rights are guaranteed under US Constitution. Discuss. (2007-A)

Q. Explain the Bill of Rights in the constitution of USA. (2006-A 2004-A 2003-S 2001-A 2000-S) What four freedoms are the most crucial in the US Constitution? (2009-A 2004-S 2002-A)

5. DUE PROCESS OF LAW

Q. What do you mean by “due process of law”? How this principle plays an effective role in the enforcement of rights guaranteed by US constitution. (2006-A 2001-S 2000-A) “…. No state shall make or enforce any law what shall abridge on privileges or immunities of citizens of the US: nor shall any state deprive any person of life, liberty or property without due process of law: nor any person within its jurisdiction the equal protection of the laws”. Elaborate. (2004-A)

6. SEPARATION OF POWER

Q. Explain the doctrine of Separation of Power under US constitution. (2008-S 2005-A 2004-S 2003-A 2002-A 2001-S) Is there separation of power between the states & the Federal Government in the USA? (2000-S)

7. CHECKS & BALANCES

Q. Discuss the system of Checks & Balances provided in the US constitution. (2007-A 2004-A 2003-S 2002-S 2001-A)

8. CONGRESS

Q. Discuss the corporation and functions of American Congress. (2007-A)

Q. What are the Powers & Role of the Congress? Explain. (2008-A 2005-S, A 2001-A)

Q. US senate is unique in many resects. It is the most powerful chamber on earth. Explain.( 2007-S) Discuss its composition, powers and role. (2006-A 2004-S 2002-S, A 2001-S 2000-S)

Q. What is the composition and functions of the House of Representative under the US Constitution? (2009-A 2006-A)

Q. Explain function & formation of senate in America? (2008-A)

9. PRESIDENT

Q. Explain the role of president in US Constitution. (2009-A)

Q. How American President is elected? Discuss his powers. (2007-A)

Q. How the President & vice President of USA is elected. (2007-S 2004-S 2002-S 2001-S) Explain the role of President under US constitution. (2005-S, A 2001-A 2000-S) What are the legislative powers of US President? (2000-A)

Q. Discuss in detail the Emergency powers of the US President. (2008-S 2006-A 2004-A 2003-A 2002-S)

Q. Explain the procedure of election of Vice President of USA and discuss his features. (2007-S)

10. PROCEDURE OF LAW MAING

Q. Discuss the procedure of legislation under the US constitution. (2007-S 2006-S 2002-A)

11. PRESIDENTIAL FORM OF GOVERNMENT

Q. Discuss the presidential system of government in the US. (2003-A)

12. SUPREME COURT

Q. The US Supreme Court has been instrumental in keeping the constitution up to date. (2008-S 2001-S) Explain the role of US Supreme Court in protecting civil liberties in the US. (2006-S 2004-S 2003-S, A 2002-S)

13. JUDICIAL REVIEW

Q. Explain the doctrine of Judicial Review with reference to Mar bury vs. Madison in detail. (2007-S 2005-S, A 2004-A 2003-A,S 2001-A)

Q. Explain doctrine judicial review in U.S.A? (2009-A 2008-A)

Q. Discuss effects if the case Mar bury vs. Madison in American Constitution? (2009-A 2008-A)

14. FEDERALISM

Q. What is concept of federation under US Constitution? Discuss (2008-S)

Q. US constitution provides for Federal System. (2005-A 2002-S)

15. IMPEACHEMNENT

Q. Discuss the procedure of impeachment under the US Constitution. (2003-S 2000-A)

16. AMENDMENT PROCEDURE

Q. Discuss the procedure of amendment in the US Constitution. (2004-S)

8. NOTES

i) Bill of Rights ii) Powers & Functions of US Senate (2007-A)

iii) Political Parties in USA iv) Judicial Review (2008-S) 

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.

PAPER 5. LAW OF TORTS

A) TORTS

1. ESSENTIALS OF TORT

Q. Define torts & explain its essentials. (2007-S s2005-S)

2. DIF. FROM CRIME & CONTRACT

Q. Define & discuss the term torts in detail. How does it differ from crime & contract? (2008-A 2005-A 2003-A 2002-S, A 2001-S)

3. TRESPASS TO PERSON

Q. What do you understand by Trespass to person? (2007-S 2006-A 2005-A)

Q. Discuss assault & battery. How are they different from each other & how similar? (2007-S 2002-S 2002-A 2001-A)

3. A FALSE IMPRISONMENT

Q. Define & discuss trespass to person with special reference to false imprisonment. (2008-S 2003-A 2002-A 2001-A)

4. TRESPASS TO LAND

Q. What is Trespass to land? What remedies are available against it? (2007-A 2006-A 2005-S 2001-S)

5. DISCHARGE OF TORTS

Q. Write a note on discharge of torts. (2009-A 2007- A 2006-A 2001-A)

Q. What is difference between the concepts of justification of torts & discharge of torts? (2008-S)

6. DEFAMATION

Q. Define defamation. What defenses are available to the defendant? (2009-A 2008-S 2006-A 2005-A 2002-A 2001-S, A)

6. LIBEL & SLANDER

Q. The general rule is ‘Slander is actionable on proof of special damages’ what are the exceptions to this general rule? (2008-S 2007-A 2003-A 2001-A)

Q. Define slander & libel, also distinguish between them? (2008-A)

7. DEFENCES

Q. Give the general defenses which are available in an action for torts. (2006-A 2005-A 2004-A 2003-A 2002-S 2001-S) (2008-A) What do you understand by “Volenti non fit injuria” & give exceptions to this rule. (2005-A 2004-A 2002-S)

8. MALICIOUS PROSECUTION

Q. Explain torts of Malicious Prosecution. (2006-A 2005-S 2004-A 2003-A 2002-A 2001-S)

9. REMEDIES IN TORTS

Q. Write an essay on Judicial Remedies in Tort. (2008-S)

Q. Write an essay on Extra-Judicial remedies in tort. (2007-A)

Q. Write a detailed note on remedies in torts. (2008-A 2007-S) Write an essay on Extra-Judicial remedies in tort. (2007-S 2004-A 2003-A 2002-A 2001-S, A)

10. DISABILITY TO SUE

Q. Who can’t sue & who can’t be sued & why? (2004-A)(2008-A)

11. LEGAL DAMAGE

Q. Define legal damage & these maxims. i) Ubi jus ibi remedium (2005-S) ii) Injuria sine damnum (2002-S) iii) Damnum sine injuria (2004-A)

12. DAMAGES

Q. What do you understand by damages? What are different kinds of damages? (2008-A 2007-S 2005-S 2004-A)

13. NUISANCE

Q. Write a comprehensive note on Public & Private Nuisance. (2007-A 2005-S 2002-S 2001-S)

Q. Discuss the tort of Private Nuisance along with remedies available to the aggrieved party? (2008-S 2003-A 2002-S 2002-A) How Public nuisance is different from private nuisance? (2002-A)

14. VICARIOUS LIABILITY

Q. Write a comprehensive note on Vicarious Liability. Under what circumstances a master is held liable for the torts of his servants? (2009-A 2005-A 2003-A 2002-S 2001-S, A)

15. ABSOLUTE LIABILITY

Q. What is Absolute Liability? Explain with examples. (2008-A 2007- S A 2005-S)

Q. Define & discuss tort of strict liability, explain its rationale. (2002-A)

16. NEGLIGENCE

Q. Define Negligence? Explain its essentials. (2009-A 2007-S 2006-A 2005-S 2003-A 2002-A 2001-A)

Q. Under what circumstances ‘Contributory Negligence’ is a good defense? (2008-S 2007-S 2005-A 2004-A 2002-S 2001-S)

Q. Is tort of negligence different from contributory negligence? (2002-S)

17. DEATH OF PLAINTIFF & DEFENDANT

Q. How death of plaintiff or defendant affects the tort action can or cannot the case proceed in such situation answer with illustration? (2008-A)

18. LEADING CASES

Q. State the principle as laid down in the followings cases:

i) Ashby vs. White (2007-A 2004-A)

ii) Donoguhue vs. Stevenson (2002-S)

iii) Gloucester Grammar School case

iv) Rylands vs. Fletcher (2007-S 2006-A 2005-A 2002-A)

19. NOTES

i) Res ipsa Loquitor ii) Trespass ab initio (2009-A)

i) Ubi jus ibi remedium ii) Injuria sine Damnum iii) Damnum sine injuria (2008-S)

i) U bi jus ibi remedium ii) Injuria sine Damnum (2007-S)

i) Damnum Sine Injuria ii) Volunti Non fit Injuria (2007-A)

B) EASEMENT ACT

1. KINDS OF EASEMENT

Q. Define Easement & various kinds of Easement. (2008-A 2007-S 2005-A 2002-A)

2. ACQUISITION OF EASEMENT

Q. Define Easement. How it can be acquired discuss fully? (2005-S 2002-A)

3. EASEMENT BY GRANT

Q. Discuss the detail acquisition of Easement through Grant. (2008-S 2007-S 2002-S 2001-S, A)

4. EASEMENT BY CUSTOM

Q. Define & discuss in detail Easement by Custom. (2008-A 2003-A 2001-S)

5. EASEMENT BY PRESCRIPTION

Q. Define & discuss Easement by Prescription. (2009-A 2007-A 2006-A 2005-A 2004-A 2003-A 2002-S 2001-A)

6. EXTINCTION OF EASEMENT

Q. What is an easement? How can it be acquired and how extinguished? (2008-S)

Q. What is meant by easement? Easements can be extinguished how? (2009-A 2007-A 2006-A 2005-S 2004-A)

PAPER 6. CRIMINAL LAW

A) PRINCIPLES OF CRIMINOLOGY

1. ESSENTIALS OF CRIME

Q. Define Crime and discuss in detail ‘Mens Rea and Actus Reus” as elements of crime. (2008-S 2007-A)

Q. What is crime? What are its essential elements? (2006-A 2004-S 2003-S, A 2002-S, A 2001-A)

2. THEORIES OF PUNISHMENT

Q. Define criminal justice. What are different theories of punishment? (2007-S A 2006-A 2005-A 2004-S 2003-A 2002-S 20021-S) (2008-A)

3. THEORIES OF NEGLIGENCE

Q. What is Negligence? What are its different theories? Discuss (2009-A 2008-S 2004-A 2003-S 2002-A 2001-A)

4. STRICT LIABILITY

Q. What is importance of “Mens Rea’ in constituting the crime? Also explain strict liability offence. (2007-S)

Q. Discuss the law relating to ‘Strict Liability’ which excludes “Mens Rea” in criminal cases. (2005-A 2004-A)

5. CRIME & TORT

Q. What is crime? How it may be distinguished from tort. (2001-S)

6. STAGES TO COMMIT CRIME

Q. Discuss various approaches towards the commission of crime. (2009-A)

Q. Define crime & explain different stages in commission of crime? (2008-A)

B) PPC

Q. Definitions:

1. Insanity (2004-A 2002-A)

2. Wrongful Gain (2006-A 2002-S 2001-A)

3. Wrongful Loss (2003-A 2002-A 2001-S)

4. Public servant (2002-A 2001-S)

5. Injury (2006-A 2003-A 2002-S)

6. Fraudulently (2003-A)

7. Dishonestly (2001-A)

8. Good Faith (2006-A 2004-A 2001-S)

9. Reason to Believe (2004-A 2002-S 2001-A)

10. Fraud

11. Offence

12. Court of Justice Fraudulent Injury (2008-S)

1. COMMON INTENTION & OBJECT

Q. Define & explain common intention & common object. Is there any difference between the two? Explain fully. (2008-S 2006-A 2005-A 2004-A 2003-S, A 2001-S)

2. SELF DEFENSE

Q. Explain private defense of property and when does it extend to causing death of assailant? (2008-S, A 2007-A)

Q. Explain private defense of person and when does it extend to causing death of assailant? (2007-S)

Q. What are the restrictions imposed upon the force in self defense under PPC. (2006-A 2005-A 2002-S, A)

Q. What is a right of private defense? When it extends to causing death of another? (2008-A 2004-S 2001-S, A)

Q. In what cases Consent, Compulsion or Necessity may be a sufficient defense against a charge of crime? (2008-S 2007-S 2006-A 2004-A 2003-S, A 2002-S)

3. UNLAWFUL ASSEMBLY

Q. When a member of an Unlawful Assembly commits an offence in prosecution of the common object of the assembly & how does it affect members of the assembly? (2005-A 2004-S)

Q. What is Unlawful Assembly? When it becomes Roit? Discuss. (2008-A 2007-S 2002-S 2001-A)

4. ABETMENT

Q. Define abetment and discuss the liability of abettor in different circumstances. (2008-S 2007-A)

Q. Define Abetment. What are its different kinds & punishment provided under PPC? (2004-S 2003-S, A 2002-A)

5. KINDS OF PUNISHMENT

Q. What are different kinds of punishment under PPC? (2008-S 2007-A 2004-A 2003-S 2002-A)

6. HURT

Q. Define the term Jurh and discuss its various kinds. Also state the kinds of Ghair Jaifah alongwith Punishment. (2009-A)

Q. What are different kinds of hurt provided under PPC? (2008-A 2007-S 2003-A 2002-A 2001-A)

Q. Define & distinguish among assault, hurt & grievous hurt. (2003-S 2001-A)

7. QATL

Q. What are the different kinds of Qatl & their punishments? When is it liable to Qisas? (2005-A 2004-A 2003-S 2002-S) Define & distinguish between Qatl-i-khata & Qatl-i-sabab. (2009-A 2008-S 2007-S 2006-A 2002-A 2001-S)

8. THEFT

Q. Define and distinguish between theft and extortion. (2007-S)

Q. Define & distinguish between Theft & Criminal Breach of Trust. (2006-A 2003-S 2001-A)

Q. Define Criminal Breach of Trust & distinguish it from Criminal Misappropriation of property. (2004-A 2003-A 2001-S)

9. TRESPASS

Q. Define & discuss ‘house breaking’, ‘house trespass’ & ‘criminal trespass’. (2005-A 2004-A)

Q. Define & differentiate between ‘house breaking’, ‘house trespass’ & ‘criminal trespass’? (208-A)

10. CRIMINAL CONSPIRACY

Q. Define Criminal Conspiracy. What are its different kinds? (2005-A 2004-S 2002-S, A) Distinguish it from Abetment. (2001-S)

11. DEFAMATION

Q. What is defamation? Explain fully the various exceptions to the charge of defamation. (2008-A 2007-S 2005-A 2003-A 2002-A 2001-S, A)

12. KIDNAPPING & ABDUCTION

Q. Define and distinguish between Kidnapping and Abduction. Also state the punishment prescribed for kidnapping in order to murder. (2009-A)

Q. Define & differentiate between Kidnapping & Abduction. (2002-S 2001-S)

13. ROBBERY & DACOITY

Q. Write an exhaustive essay on Robbery under PPC. (2009-A)

Q. Define and distinguish between extortion and dacoity. (2009-A)

Q. Discuss fully the provisions under PPC relating to the offences of Robbery, Dacoity & Extortion explaining the distinction between Robbery & Dacoity. (2008-S 2006-A 2005-A 2004-A 2003-A 2001-A)

Q. What is robbery, how theft becomes robbery? (2008-A)

14. DIYAT

Q. What is diyat? How is it valued and paid & how is it disbursed? (2009-A 2006-A 2003-S 2002-S)

15. NOTES

1) Wrongful gain Public Servant Fraudulent (2007-S)

2) Dishonestly Good faith Fraudulent (2008-A)

3) Wrongful gain Valuable Security Good Faith (2009-A)

16. WRONGFUL RESTRAINT & CONFINEMENT

Q. Define and distinguish between wrongful restraint and wrongful confinement. Also state the punishment prescribed under PPC. (2009-A)

C) HADOOD LAWS

1. THEFT

Q. Define ‘Theft’ & explain when it’s liable to hadd. What proof is required for it? (2009-A 2008-S 2007-S, A 2006-A 2005-A 2003-S, A 2002-A 2001-A)

2. QAZF

Q. What is Qazf liable to Hadd & what proof is required for it? What is its punishment? How can it proved? (2009-A 2008-A 2007-S, A 2006-A 2004-A 2003-S 2002-S, A 2001-S)

3. HADD & TAZIR

Q. Define & distinguish between Hadd & Tazir. Discuss the offences punishable by Hadd. (2005-A 2004-A 2003-A 2002-S 2001-A)

Q. Define Hadd in accordance with Islamic law & explain different kinds of hadood under Islamic law? (2008-S A)

4. ZINA

Q. Define Zina. When its liable under hadd. What proof is required for it? What is its punishment?

5. NOTES

1) a) Tazeer b) Nisab c) Hirz d) Harabah (2001-S)