Law of Contract Important Question Notes

• Define and explain:
  • consideration
  • reciprocal promises
  • void-able contract
  • void agreement
• What is meant by Fraud?
• What are rights of party whose consent has been caused by fraud.
• Define and explain Mistake of Law and Fact, and their effects on contract.
• Rights of party suffering from a breach in the following situations:
  • When no sum is mentioned in the contract as payable for breach.
  • When sum is mentioned in the contract as payable for breach.
  • What are rights of a party which has itself rescinded a contract.
• How far is a principal bound by the acts of his agent while dealing with parties in the following cases:
  • When the agent exceeds his authority
  • When the agent commits a fraud.
  • What is liability of a pretending agent.
• State the facts and the law laid down in the case of Hadly and others vs Basendale and others.
• Rights and duties of a bialee.
• How can an agency be created.
• Authority of agent to act on behalf of the principal.
• Principles on which damages for breach of contract are to be awarded by a Court.
• Case Byrne – v – Von Tienhoven and Co.
• When and how can proposal and acceptance can be revoked.
• What Coercion, Undue Influence, and Fraud.
• Consequences which ensue from breach of a valid contract.
• How and under what circumstances is agency terminated.
• What are contingent contracts? When can they be enforced.
• Case Mohri – v – Dharmodas Ghosh.
• Different situations in which agreements, though made by free consent of parties, competent to contract are yet void.
• What is pledge, rights and duties of the Pawner and Pawnee.
• Appropriation of payment towards debts.
• Under what circumstances are obligations created as resembling those created by a contact though no contract is entered into.
• What is continuing Guarantee? How the liability discharges.
• When is the suggestion of fact not fraud, but a misrepresentation.
• What is a contract of indemnity and how differs from contract of Guarantee.
• When is communication of 1. A Proposal, 2. An Acceptance, and 3. A Revocation said to be complete.
• Define proposal, promise, promisor, promisee, and consideration.
• Various kinds of bailment.
• Does the Pawnee or agent have any lien over the goods pledged or property in his custody.
• Ratification of principal act of his agent.
• What is rule of compensation on breach of contract.
• How does liquidated damages differ from penalty.
• Circumstances which render the original contract need not to be performed.
• Difference Sales and an agreement to sell and bailment.
• How contract of sale of goods be made whether
  • In writing,
  • Oral
  • Implied.
• Can a contract be made without consideration.
• What are contingent contracts.
• Who is an unpaid seller.
• Under what circumstances when there is no contract.
• Rights of finder lost goods.

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Criminal Law Important Question and Answer

• Define and distinguish Common Intention and Common Object.
• How the lesser punishment is given u/s 302.
• Define Criminal Trespass and Lurking House Trespass, House Breaking, and punishment.
• Define Counterfeit, Harbor, Voluntarily, Valuable Security.
• Bribe as a crime in Public Service.
• Discuss Enquiry, Investigation and Trial.
• Define Wrongful Restraint, Wrongful Confinement and punishments.
• Without order and warrant arrest is justified.
• What is effect of error in change? Is error curable.
• How sentence can be suspended.
• Transfer of enquiry from one to another Court.
• Offences of Criminal Misappropriation, Criminal Breach of Trust, and Cheating, under Pakistan Penal Code.
• Define Public Servant and Servants of the State.
• Giving False Evidence, Fabricating False Evidence, and Punishments.
• Define Hijacking and punishments.
• What is Harboring Hijacker.
• Meaning of Bail and factors for Bail.
• Recording of confession.
• Define High Court, Advocate General, Public Prosecutor, Pleader, Place, Sub-Division.
• Define abetment and criminal conspiracy.
• Right of Private Defence and death of wrongdoer.
• Define Stolen Property and different conditions.
• Define cheating by personating and punishment.
• Define defamation and punishments.
• Threat and punishment.
• Power of Appellate Court.
• What is summery trial.
• Define Rioting (Balwa), Affray (Hangama).
• Define Gender, Number, Man and Woman, A Will.
• Define theft extortion, robbery, docaity.
• To which punishment, offenders, are liable under PPC.
• Distinguish Diyat, Arsh, Daman.
• Circumstances – Habeas Corpus.
• What persons may be charged or tried together.
• Various classes of criminal courts.
• Homicide is ordinarily classified as Justified, Executable, Felonious. Discuss.
• What is General Exception in Criminal Liability.
• How criminal liability is measured.
• Right of Private Defence or Property and death.
• The Mark and Mark Property. What are differences.
• Cognizable offences under the Prohibition Order, 1979.
• Who can sue under Qazf Ordinance, 1979.
• Qatl-I-Amad and Waiver and Compound.
• Isqat-e-Hamal (Abortion) and Isqate-e-Janin, and punishments.
• Zina bil Jabar (Rape) and punishments.
• Duress, necessity, Superior Order can be invoked.
• Yardsticks for determining the question of punishment in a criminal trial.
• Hurt not liable to Qisas.
• Cohabitation (sexual relations) and punishment.
• How does liability accrue (increases) without default.
• Abduction (take away woman).
• Define Act, Omission, Government, Injury, Life, Death.
• Kinds of Shajjah and Punishments.
• Bail in Non Bail-able offences.
• How fine can be recovered.
• How assembly of people can be dispersed.
• Define Theft Liable to Hadd, Qazf liable to Hadd, and Punishment.
• Various kinds of Murder and punishments.
• Hurt without Qisas.
• Define Judge, Court of Justice, Reasons to Believe, Section, Oath, Forgery.
• Right to defend property.
• Motive and Crimes.
• Theories of negligence.
• Drinking and Hudood.
• Crime and Tort.
• Mistake of Law and Fact.
• Write Notes:
  • Local and Special Law
  • Illegal and Legally Bound to do
  • Person and Public
  • Dishonesty and Fraudulently

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Constitutional Law Important Question and Answer

• Define Salient features of UK Constitution and USA Constitution, note on UK and USA Constitution.
• What is the Meaning of Rule of Law in UK constitution.
• Arbitrary and discretionary powers in UK.
• Unlimited legislative powers, UK.
• Limitation on Supremacy in UK.
• Discuss that UK Constitution is unwritten.
• What is Privileges of UK Parliament.
• Role of Queen.
• Form of Govt. UK and USA.
• Functions of Parliament, UK and USA.
• Writ of “Habeas Corpus” in England.
• Separation of Powers, UK and USA.
• Composition of Cabinet and work, UK and USA.
• Limitation of UK Parliament.
• What are sources of UK and USA Constitutions.
• Fifth amendment in USA.
• Judicial Review under USA Constitution.
• Equal protection of laws, USA.
• Power of President, Congress, Lower House, Upper House, and Senate.
• Presidential System of USA.
• Due process of law, USA.
• Elections of President, Vice President, USA.
• Check and Balance in USA and UK.
• Federal System in USA.
• USA Supreme Court.
• Impeachment.
• Comparison – Prime Minister and President, UK and USA.
• Process of amendment in USA Constitution.
• Judicial functions of UK Parliament.
• Rights of Englishmen and enforcement.
• Fundamental Rights, USA.
• Short Notes:
  • Judicial Committee of the Privy Council
  • Convention
  • Royal Prerogative
  • Lord Chancellor
  • Money Bill
  • House of Lords
  • Ministerial Responsibility
  • Prime Minister
  • Act of State
  • British Monarchy
  • 14th Amendment
  • Bill of rights
  • Magna Carta

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Islamic Law Important Question and Answer

• Describe the important tests applied by the traditionalists to check the authenticacy of a Hadith.
• Concept of Islamic State. Can it set up in modern times?
• What is Difference between Darul Islam and Darul Harb.
• What are Conditions of valid Ijtihad and the meaning of Qiyas.
• Qualification of Mujtahid.
• Impediments to inheritance and who is heir.
• Responsibility of debts of deceased.
• Revocable and Irrevocable divorce.
• What is Khula, when and how decree is obtained.
• Rights of Hizalat, Iddat, definition of Divorce.
• Wakf Alah Aulad, Public and Private rights.
• Quran and Sunnah as a source of law.
• Difference in Batil and Fasid act.
• What is Hadd and Taazir.
• Special features of Islamic Legal System.
• Distribution of estate of Muslim deceased as Sunni and Shia among different heirs.
• When gift is complete.
• Traditional source of revenue.
• What are Wajib, Mustahab, Mubah, Makruh, and Haram?
• What is Family Muslim Laws Ordinance, 1961?
• Transfer of ownership of property by gift and quest.
• History of Islamic Law.
• Guardianship of minor.
• Sovereignty in Islam.
• Revealed laws have got superiority over other laws.
• What is legal capacity.
• Division of property.
• Islamic laws of pre-emption.
• History of pre-Islamic customs.
• Can a modern legislature be used for consensus of opinion.
• Constituted and administrative structure.
• What is Analogy (Qiyas).
• Contract and its ingredients.
• Meaning of evidence.
• Qualification of Qazi, what is Jehad.
• What is theory of Naskh.
• Aims of International Law.
• Meaning of Islamic Jurisprudence.
• Different laws and classifications.
• Concept of State and Punishment in Islam.
• Islam and Roman Law.
• Islamic and Roman Slavery.
• Who is competent witness.
• Concept of Nationhood and Two Nation Theory.
• Various kinds of justice.
• Judicial system of Islam.
• Notes: Ihtihad and Taqlid, Legal Capicity, Zimi.

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Salient features of the British Constitution

Following are the Main salient features of the British constitution:

Unwritten constitution

The British constitution is unwritten because it is not derived from a single source. British constitution is a mixture of charters, statutes, judicial decisions, common law, usages or traditions, customs, conventions, precedents etc. The British constitution was not framed at a single time. It is still in the process of growth.

Evolutionary constitution

The British constitution has developed through a process of gradual evolution. It is still going through the process of growth. It was not framed by a person or a king for his own advantage. The British people have developed their constitution from precedent to precedent and from past experience of law and practice.

Flexibility of the constitution

one of the most important features of the British constitution is its flexibility. This means that it can be amended by the parliament. The British constitution is different from that of America’s or Pakistan’s. In America or Pakistan his constitution is considered to be a supreme document in which amendment is very rare. The England’s constitution is always under the process of growth.

Unitary constitution

The England’s constitution is a unitary constitution. All the powers of the state are concentrated in the hands of a single government for the whole country. All the local governments are the servants of the central authority which has created them and can dissolve them also.

Its unreality

one of the unique features of the British constitution is what is called its unreality. There is a great difference in its appearance and its reality. It is an absolute monarchy while in reality it is a democratic state ruled by a parliament elected by the people.

Its organic nature

The nature of the British constitution is organic. It is constantly growing. There is much in it which remains the same and there is much also which changes according to the needs of the time. It is continually developing. Thus, an improvement will always occur in the British constitution after some time and a new constitutional document will be added afterwards.

Parliament’s sovereignty

The British parliament can do everything except making man a woman and vice-versa. The sovereignty of the parliament is a source of flexibility of the constitution.

Party System

The British political system has been working successfully due to the existence of two major parties. In England the existence of two major parties has contributed to the strengthening of political traditions. When one party forms the government the other sits in opposition. The party in power always looks after the interest of the opposition party because they know that if today they are in opposition, tomorrow they can be in power.

Nature of conventions

Another very important feature of the British constitution is the existence of a large number of conventions in it. No one can understand this constitution properly without studying these conventions carefully. These are a part of the constitution but they are not laws, because as such these conventions cannot be enforced by the courts.

Rule of law

Parliament feature of the British constitution is the Rule of law. It has two basic meanings

• In England no man can be made to suffer punishment or to pay damages for a conduct not definitely forbidden by law”
• In England no person is above the law. No one can break the law with impunity.

Independence of Judiciary

The British constitution I based on the principle of independence of judiciary. This principle has been a fundamental principle of the English constitution. Although the judiciary is no doubt independent in Britain but the right of judicial review is not granted.

Bicameral legislature

According to the constitution the British parliament consists of two houses

• The House of Commons (lower house) and
• The House of Lords (upper house).

Thus, the kind of legislation in Britain is Bi-cameral.

A blend of Monarchy Aristocracy and Democracy

The British constitution is a unique blend of monarchy, aristocracy and democracy.

• Monarchy:Due to the existence of queen and king
• Aristocracy:House of Lords
• Democracy: Britain is now a democratic state run by a parliament elected by the people.

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Law of Torts Important Question and Answer

• How does tort different from contract and crime?
• Who can’t sue and be sued?
• What is Difference between injury and damage?
• What is the Difference between public and private nuisance and what are remedies.
• What is essential to be established in an action for damages for deceit?
• What is case between Ashby-v-White?
• General defenses which are available in an action for tort.
• What is vicarious liability?
• Differences between “Assault”, “Battery”, and “Mayhem”.
• Fair comment and trust as defence to an action of defamation.
• What is negligence?
• What is case between Shart-v-Powel?
• Discuss Accord and Satisfaction.
• What is trespass to land and remedies?
• What should be proved to recover damages from malicious prosecution?
• Motive and torts.
• What is legal injury, definition of trot?
• Contributory negligence.
• Who can sue and be sued?
• False imprisonment and defence.
• Three kinds of damages, definition, and explanation.
• Different kinds of easement.
• What is licence and ingredients?
• Torts and defence.
• Who may impose easement?
• How is an easement extinguished?
• Liability of master for wrong act of his employee.
• What rights can be acquired by prescriptions?
• How is a tort discharged?
• Malicious prosecution.
• When contributory negligence is defence?
• Justification and discharge of torts.
• Slander of title.
• Personal rights of action lie with the death of a person.
• Different remedies in tort.
• What is strict liability?
• Notes On: Slander, Libel, Mayhem, Illegal confinement, Inuria sine demnum, demnum sine injuria, act of traspass and defences thereto, maintenance and chemprety, ubi jus ibie remedum
• Cases: Mayor-v-Pickles. Pylands-v-Flecther.

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English Jurisprudence Important Question

• What is legislation? What is the Importance of Legislation? What is supreme legislation?
• Circumstances which reduce the binding force of precedent.
• What are requisites of a local custom as a source of law?
• What is Mens Rea embraces various specious – carryout a detailed juristic analysis thereof.
• Obligation is synonymous with duty – do you support this view?
• How does jurisprudence with problems of acts and liabilities of corporations.
• Define jurisprudence, its kinds, nature, value, and purpose of analytical jurisprudence.
• Legal status of dead person and unborn child.
• Theories of punishments.
• Main points of concept of possession and also let explain incorporeal possession.
• Explain and illustrate objectives of civil rights.
• Law as justice, stability, and peaceful change.
• Administration of justice – purposes and difference between civil and criminal.
• What is substantive law and law of procedure.
• Authority of precedent and authoritative precedent.
• Meaning of legislation – chief forms of subordinate legislation.
• Factors which render an agreement as invalid – various kinds of agreements.
• Disregard of precedent and its importance.
• What are local custom Define essential features of a valid custom?
• What is accident? How it is defense against civil liability?
• International law is a proper law or not?
• Law is a command of Sovereignty.
• Why the term, law has no neat and simple definition?
• Why accident is exempt and form criminal liability?
• What is equity? How it different from common law?
• What is the Meaning of Property? Define modes of acquisition of property.
• Define that courts are lawmaker?
• What are Legal sources of law? Define authoritative and un-authoritative Legal sources.
• What is difference between Question of fact and law.
• What is mixed question of law and fact.
• What is the Primary and secondary functions of courts of law.
• What are the principles of interpretation of enacted law?
• What is the Meaning of evidence rules and its kinds
• Immediate and mediate possessions.
• Commercial Good will.
• What is negligence define contributory negligence?
• What is strict liability?
• What is general and special law?
• What is obligation and soldiery legislation?
• Notes on Imperative theory of law.
• Why Legislation is superior to precedent?
• Who is legal person? Define double personality technical law vicarious liability?
• What is law territorial?
• Which Functions assumed by civil courts.
• What is Quasi contracts Obligation arising from contracts and torts.

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LLB Past Paper

LLB Past Paper

LLB Part One Past Paper

• LLB Part One JURISPRUDENCE Past Paper
• LLB Part One ISLAMIC JURISPRUDENCE Past Paper
• LLB Part One CONSTITUTIONAL LAW-I Past Paper
• LLB Part One LAW OF CONTRACT Past Paper
• LLB Part One LAW OF TROTS Past Paper
• LLB Part One CRIMINAL LAW Past Paper
• LLB Part One LAW OF EQUITY AND SPECIFIC Past Paper

LLB Part Two Past Paper

• LLB Part Two CONSTITUTIONAL LAW-II Past Paper
• LLB Part Two ADMINISTRATIVE Past Paper
• LLB Part Two COMPANY LAW Past Paper
• LLB Part Two LAW OF TRANSFER OF PROPERTY Past Paper
• LLB Part Two MUSLIM PERSONAL LAW Past Paper
• LLB Part Two PUBLIC INTERNATIONAL LAW Past Paper
• LLB Part Two CONSTITUTIONAL HISTORY OF PAKISTAN Past Paper

LLB Part Three Past Paper

• LLB Part Three LAW OF CIVIL PROCEDURE Past Paper
• LLB Part Three CRIMINAL PROCEDURE CODE AND MEDICAL JURISPRUDENCE Past Paper
• LLB Part Three LAW OF EVIDENCE AND LEGAL ETHICS Past Paper
• LLB Part Three LEGAL DRAFTING Past Paper
• LLB Part Three INTERPRETATION OF STATUTES Past Paper

LLB Optional Paper Past Paper

• INTELLECTUAL PROPERTY LAWS Past Paper
• ENVIRONMENY LAW Past Paper
• BANKING LAWS Past Paper
• LABOUR LAW Past Paper
• TAXATION LAWS Past Paper
• LAND OF LAWS Past Paper
• MINOR ACTS Past Paper

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Title in Jurisprudence Notes

Title is a link between a person and an object to establish ownership of property. A title is the de facto antecedent of which the right is the de jure consequent. Right of possession on ownership comes in term of de facto first and later de jure. For example, I have a watch on my hand. How it can be said that it is my, or I have title over it. I have either purchased it, or someone has gifted me, or I have inherited it from elsewhere. Title is created even of stolen objects. It is right of ownership in fact and in law over property.

Kinds of Title

There are two kinds of title are as follow

• Investitive factsInvestitive facts create rights. This right is created first time on the objects, which are ownerless. When I catch fish it is my original title and if I purchase it from elsewhere then it is called derivative title. Derivative right is second right, which is created after gone away of original right.
• Divestitive factsDivestitive facts are those, which loss or keep away of right is termed as divestitive facts.
• Alienative rightAlienative right is right which is separated or transferable.
• Extinctive rightExtinctive right is right which is kept away or destroyed.

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Persons in Jurisprudence Notes

In an ordinary meaning any living human being either male or female is person. In old Roman law slaves were not supposed to be person because they were not possessed rights.
In legal term a being who is capable to possess rights and obligation and liabilities is person. All human being are person. Any being whom law regards as capable of rights and duties.

Kinds of persons
There are two kinds of person in law

• Natural persons
• Legal person

Natural persons
All the human beings are natural persons. The entire male and female are persons. All the living beings which are recognized as person by state, they are persons in law and persons in fact.
Legal persons
Legal persons are created artificially and law regards them as legal person. They are persons only in the eyes of law. They are also created by legal fiction so called as fictitious also. They are also called juridical, conventional, imaginary, and they have rights and obligations as natural person. They can sue and be sued.
Animals
They are no persons because they do not possess rights and obligations. Some people say that they are persons because law prohibits cruelty to them. They should be treated sympathetically and kindly. But this is our cultural heritage and the duty of society and not the duty of animals. Rights always correlate with duties. Since they do not have any duty so no rights and are not persons although in ancient Roman law a rooster was prosecuted and punished but in modern law master of animals can be sued and punished and not the animals itself.
Dead human beings
They cease their rights and obligation at the moment they go away from this world and their connection is cut down. They are immune from duties and not subject of rights. Law recognize the compliance of will, burial ceremony, no defamation, no desecration of graves, but despite of this fact they are not persons and these duties lie to their legal heirs or living society members.
Statues of unborn babies
In civil law they can sue after they are born through their next friends or at attaining the age of majority. A child in womb has certain rights and inherits property. These all things are subject to his living birth.
Following are important points

• He can claim damages after birth, for the injuries he received before birth.
• He can claim compensation for the death of his father or mother in fatal accidents.
• He inherits even his father is died before his birth. He is natural person even his birth is only for a moment.
• A woman cannot be punished after conviction if she is pregnant, till birth of baby.

Kinds of legal persons They are three kinds of Legal Person are as follows

• Institutions are not personified or group of persons but institutions itself are legal persons, such as, mosque, library, hospital etc.
• CorporationsCorporations are a group or series of persons and natural persons are its members.
• Funds or estatesFunds or estates are used for specific purpose. Property or fund of deceased person for trust or charity is kind of legal person.

Kinds of Corporation

• Corporation aggregate
  Corporation aggregate is a group or collection of persons who become joint to accomplish a task. Even all members of this corporation die, it will remain live and continue until death by law. Common example of this corporation is Municipal Corporation or registered company.
• Corporation sole
  Corporation sole is series of successive persons or individuals. It consists of only one person at a time like king, postmaster general, Assistant Commissioner, or Prime Minister. When a person dies, second one comes, fills in vacancy and performs functions. After death of office holder, for the time being, office becomes dormant or inactive or goes in sleeping position and as well as other person fills in the position, it become active.

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