SUBMITTED BY: SYED WAQAS HASSAN RIZVI (11328) ABDUL HASEEB (11312) JONATHAN JIWAN MALL (11323)...

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Transcript of SUBMITTED BY: SYED WAQAS HASSAN RIZVI (11328) ABDUL HASEEB (11312) JONATHAN JIWAN MALL (11323)...

Page 1: SUBMITTED BY: SYED WAQAS HASSAN RIZVI (11328) ABDUL HASEEB (11312) JONATHAN JIWAN MALL (11323) MUHAMMAD ALI RAZA (11352) ARSLAN AHMAD NAWAZ (11348)
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PRESENTED TO:Prof. AMIR FAHEEM

SUBMITTED BY:

SYED WAQAS HASSAN RIZVI (11328)ABDUL HASEEB (11312)JONATHAN JIWAN MALL (11323)MUHAMMAD ALI RAZA (11352)ARSLAN AHMAD NAWAZ (11348)

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ARSLAN AHMAD NAWAZ (11348)

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BUSINESS LAW OF PAKISTAN:

Business law is the generalized field of law relating to business organizations, business structures, and business transactions.

Also included in the business law field are issues related to real estate, tax, and the environment.

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CORPORATE LAW:

Corporate law deals the formation and operations of corporations and is related to commercial and contract law

The corporate sector of Pakistan is governed by Companies Ordinance of 1984.

Britain passed Companies Act in 1908. In 1913 after five years, Companies Act of 1913 was passed in British

India. Pakistan came into being on 14 August 1947 and adopted the companies

Act of 1913. In 1959 a company Law Commission was set up to make laws in

accordance with modern times. Report of Company Law Commission of Pakistan was published in 1960. Companies Ordinance 1984.

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CONTRACT

Any agreement and promise which is enforceable by law is called contract.

Contract = Agreement + Enforceability

EXAMPLE:

Suppose there is an agreement between A and B. that B will construct a house for A and A pay in advance 50000 and write all the conditions on a stamp paper its become a contract.

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ABDUL HASEEB (11312)

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ESSENTIALS OF A VALID CONTRACT

OFFER AND ACCEPTANCE: Lawful offer Lawful acceptance

A offer to sale his cycle to B for Rs. 2000. This is an offer. If B accepts this offer there is an acceptance.

COMPETENT PARTIES: Not unsound mind Not disqualified by law

M a person of unsound mind agrees to sale his house to S for Rs. 200000 it is not a valid contract because M is not competent to contract.

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ESSENTIALS OF A VALID CONTRACT

LEGAL OBLIGATIONS: Must create legal obligationsA offer to sale his watch to B Rs. 200, B agrees to

buy. It is a contract as it creates legal obligations.

LAWFUL CONSIDERATION: consideration should be lawful both the parties give and take somethingA agrees to sale his house to B Rs. 10lac. For A Rs.

10 lac is there consideration and for B house is the consideration.

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ESSENTIALS OF A VALID CONTRACT

LAWFUL OBJECT: Must be lawful Not prohibited by lawA promise to pay B Rs. 5000 if b beats C. the

agreement is illegal and its object is unlawful.

CERTAINTY OF TERM: Wording must be clearA promise to sale 20 books to B without

specifying their title. The agreement is void because the terms are not clear.

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SYED WAQAS HASSAN (11328)

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ESSENTIALS OF A VALID CONTRACT

POSSIBILITY OF PERFORMANCE:If the act is impossible of performance, physically

or legally, the agreement cannot be enforced by law.

FREE CONSENT: coercion undue influence fraud misrepresentation mistakeA compels B to enter into a contract at gun point. It is not

a valid contract as the consent of B is not free.

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FREE CONSENT

COERCION: Coercion is the committing or threatening to commit any act forbidden by

the Pakistan penal code

UNDUE INFLUENCE: undue influence means the unfair use of one’s superior power in order to

obtain the consent of person who is in a weaker position.

FRAUD: Fraud means and includes any of the following acts committed by a party to

contract or with his connivance or by his agent with intent to deceive another party thereto or his agent or to induce him to enter into the contract.

MISREPRESENTATION: Misrepresentation means an innocent misstatement of fact about the

contract made by one party to induce the party to enter into a contract.

MISTAKE: When the parties with their consent under any mistake, there is no

agreement.

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ESSENTIALS OF A VALID CONTRACT:

NOT EXPRESSLY DECLARED TO BE VOID:

A promise to close his business on the promise of B to pay him Rs. 200000 is a void agreement because it is in restraint of trade.

WRITING AND REGISTRATION: May be oral or in writing Attested by lawA verbally promises to sale his house to B. it is

not a valid contract because the law require it to be in writing.

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MUHAMMAD ALI RAZA (11352)

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CLASSIFICATION OF CONTRACTTYPES OF CONTRACT (BY ENFORCEABILITY):

VALID CONTRACT: Enforceable by law All essentials fulfills

VOIDABLE CONTRACT: Enforceable by law at the option of one or more of the

parties but not at the option of other or others is a voidable contract.

Free consent is missing.

VOID CONTRACT: Not void from the beginning Due to some subsequent reasons it become void

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CLASSIFICATION OF CONTRACTTYPES OF CONTRACT (BY FORMATION):

EXPRESS CONTRACT: clearly defined Spoken or written

IMPLIED CONTRACT: Arises from act.

QUASI CONTRACT: Regardless of agreement Social

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JONATHAN JIWAN MALL (11323)

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CLASSIFICATION OF CONTRACT:

TYPES OF CONTRACT (BY PERFORMANCE):

EXECUTED CONTRACT: Started and completed

EXECUTORY CONTRACT: Started but in process Done in future UNILATALERAL CONTRACT: One party perform his part of obligation at the time

of formation Other party perform his part of obligation before the

contract comes into existence

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OFFER & ACCEPTANCE:

When one person signifies to another his willingness to do or to abstain from doing anything with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.

When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted becomes a promise.

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OFFER & ACCEPTANCE COMMUNICATION

If A send offer to B and B accept the offer & send acceptance to A, then A only can withdraw from this offer till A receive acceptance from B.

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THANK YOU…