INTRODUCTION It is a general rule that all persons who suffer from a tort can sue and all persons who commit a tort can be sued in tort. This rule is based on equality before the law guaranteed by Article 25 of the Constitution of Pakistan 1973. Certain persons or bodies cannot sue, whilst others … Read more
Preface Consideration is something in return for something. In the eyes of the law, consideration means some rights, interests, or benefits accruing to one party and certain responsibilities undertaken by the other. Relevant Provisions Sections 2(d), 23, 24, 25, 127, and 185 of the Contract Act, of 1872 deal with consideration in a contract. … Read more
INTRODUCTION Talaq is one of the modes of dissolution of the marriage tie of the husband and the wife It is the right of the husband to dissolve the marriage. Divorce is a vexed question in Islamic law. Talaq or divorce is regarded by Holy Prophet (PBUH) to be the “most detestable before Allah of … Read more
INTRODUCTION Liability is the bond of legal necessity that exists between the wrong-doer and the remedy of the wrong. It has its source in the supreme will of the state. A. VICARIOUS LIABILITY According to Fleming: Vicarious liability is a principle where the law holds one person responsible for the misconduct of another. BASIS … Read more
INTRODUCTION Damages are Remedies are some important concepts in Tort Law. two types of remedies are available to the victim of a tort. They are classified into the following two categories (a) Judicial Remedies and (b) Extra-Judicial remedies. Damagés and injunctions are merely two different forms of remedies against the same wrong. The third remedy … Read more
Preface Free consent means a voluntary agreement by a person. That person must possess and exercise sufficient mental capacity to make an intelligent choice to do something proposed by another person. Relevant Provisions Sections 14, 19, and 20 of the Contract Act, of 1872 deal with free consent. Definition of the term “Consent” … Read more
INTRODUCTION Crime is such a phenomenon that has affected all societies throughout history. Crime takes many forms, including assault, fraud, and drug trafficking. Criminologists always try to understand the root causes of crime, including the social, economic, and psychological factors that contribute to criminal behavior. Despite efforts to reduce crime, it remained a significant challenge … Read more
INTRODUCTION Defenses in torts are an important concept. There are some conditions that, when present, will prevent an act from being wrongful which in their absence would be wrong. In an action in tort, when the plaintiff proves the essential elements of the tort, the defendant may avoid general defenses or exceptions to liability in … Read more
Preface Coercion in a contract refers to the use of force, threats, or undue influence to compel someone into entering or modifying a contractual agreement against their free will. It undermines the voluntary nature of contracts and renders them legally unenforceable. Relevant Provisions Sections 15, and 19 of the Contract Act, of 1872 deal … Read more
INTRODUCTION The Dower is the financial gain that the wife is entitled to receive from her husband by virtue of marriage It is also called Mahar. It may be settled before marriage, at the time of marriage, or even after the marriage. The right of the wife to dower becomes complete on the consummation of … Read more
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