Law & its aspects

8/13/2019 Law & its aspects

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Law and Its Others Aspects

Submitted By

Manish Yadav

Sahil SethiShashwat Mishra

Deepak Daga

Amit Kumar

Deepak Banthia


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LAW It is a comand for sovereign.

Law includes all rules and principles which regulatesour relation with other individuals and with the state

Law has a meaning only when it is implemented.


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Purpose of LawThe obligations and purposes of law and government are

to protect-

public health, safety, and morals to advance the general welfareincluding,

preeminently, protecting people's fundamental rightsand basic liberties.


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Source of Law Legislation

Legislationis that source of law which consists in the

declaration of legal rules by a competent authority.Legislature is the direct source of law. Legislatureframes new laws, amends the old laws and cancelsexisting laws in all countries.


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Precedent(Case Law)The judgements passed by some of the learned jurists

became another significant source of law. When thereis no legislature on particular point which arises inchanging conditions, the judges depend on their ownsense of right and wrong and decide the disputes. Suchdecisions become authority or guide for subsequentcases of a similar nature and they are calledprecedents.


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Customary LawA custom is a rule which in a particular family or in a

particular district or in a particular section, classes ortribes,

The dictionary of English lawdefines custom as a lawnot written, which being established by long use andconsent of our ancestors has been and daily is put into

practice.


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Type of Law International Law

Domestic Law

Contract LawCompany LawIndustrail law

Tort LawProperty Law

Crimnal Law


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International Law International law governs affairs between sovereign

states in activities ranging from trade to militaryaction.Type of International law

Public International Law

Private International Law

Supranational law


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Public international law Public international law,

which governs the relationship between states andinternational entities. It includes these legalfields: treaty law, law of sea, international criminal law,the laws of war or international humanitarianlaw and international human rights law.


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Private international law Private international law, or conflict of laws,

which addresses the questions of (1) which jurisdictionmay hear a case, and (2) the law concerning whichjurisdiction applies to the issues in the case.


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Supranational law Supranational lawor the law

of supranational organizations,which concerns regional agreements where the laws ofnation states may be held inapplicable whenconflicting with a supranational legal system whenthat nation has a treaty obligation to asupranational collective.


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Law of contract

Contract is an agreement made between to or moreparties which the law will enfoce.

Sec. 2(h) define contract as an agreement enforciable

by law. The Indian contract act, 1872 lays down the law

relating to contracts.

It is a binding legal agreement.


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Element of a Valid Contract Offer and acceptance

Free and geuine cunsent

Lawful consideration Legal Formalities

Intention to create legal relationship

Lawful object


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Company LawA company means a group of person associated

together for the attainment of a common and socialeconomic goal.

The law relating to companies in India is contained inthe Companies Act 1956.


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Characterstics of Company law Seprate Legal Entity

Limited laibility

Common seal Transferability of shares

Seprate property

Capacity to sue


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Industrial Law The Factories Act,1948

Factory means any premises including-1)Where 10 or more workers are working or wereworking on any day of the preceding 12 months wheremanufecturing process is being caried on with the aidof power.2) Where 20 or more workers are working or were

working on any day of the preceding 12 months wheremanufecturing process is being caried on without theaid of power.


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Factory Act Includes The Employees Compensation Act,1923

The Payment of gratuity Act 1972

The Payment of Wages Act 1936 The minimum Wages 1948

The trade union Act 1926

The payment of Bonus Act 1965


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Trot LawA tort, in common law jurisdictions, is a civil wrong

which unfairly causes someone else to suffer loss orharm resulting in legal liability for the person whocommits the tortious act, called a tortfeasor.

Although crimes may be torts, the cause of legalaction is not necessarily a crime as the harm may bedue to negligence which does not amount to criminalnegligence. The victim of the harm can recover theirloss as damages in a lawsuit. In order to prevail,the plaintiff in the lawsuit must show that the actions.


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Negligence Negligence

Negligence is a tort which arises from the breach ofthe duty of care owed by one person to another fromthe perspective of a reasonable person.The majoritydetermined that the definition of negligence can bedivided into four component parts that the plaintiffmust prove to establish negligence.

l d h l b l f


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Elements in determining the liability for

negligence

The plaintiff was owed a duty of carethrough aspecial relationship (e.g. doctor-patient) or some otherprinciple

There was a dereliction or breachof that duty The tortfeasor directly causedthe injury [but for the

defendant's actions, the plaintiff would not havesuffered an injury].

The plaintiff suffered damageas a result of thatbreach.

The damage was not too remote; there was proximatecause to show the breach caused the damage.


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Other Laws Property lawdefines rights and obligations related to

the transfer and title of personal and real property.

Tort law allows claims for compensation if a person'sproperty is harmed.

Criminal law deals with conduct that is consideredharmful to social order and in which the guilty party

may be imprisoned or fined.


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Minor Minor is a person who has not attained the age of

majority.

Age of 18 years is a major.

If a minor were to enter into a contract with an adult,the adult would be bound by the contract, whereas theminor could choose to avoid performing the contract.


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Principles governing minors

contracts No estoppels against minor

No liability in contract or tort arising out of contract

Doctrine of restitution Beneficial contracts

Ratification

Liability for necessaries


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Law & its aspects

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