law

Question 1

sources of law

Answer 1

A. primary sources legistlation(supreme legislation, delegated legislation) , precedent, customs, conventions.
B. secondary sources - religious texts, opinion of experts , historical documents, decision of foreign court, foreign law)

Question 2

essential elements of a valid contract

Answer 2

1. offer and acceptance
2. free consent
3. legal relationship
4. legality of objects
5. lawful consideration
6. written form and registration
7. certainty
8. ability to perform
   9.competency of parties

Question 3

remedies of breach of contract

Answer 3

1. cancellation of contract
2. restitution
3. damages
4. specific performance
   5.injuction

Question 4

types of breach

Answer 4

1. actual breach - where the contract is breached in deadline
2. anticipatory breach- where the contract is breached before deadline

Question 5

modes by which a contract can be terminated

Answer 5

1. discharge of contract by performance
2. discharge of contract by impossibility of performance
3. discharge of contract by breach of contract
4. discharge of contract by mutual agreement
5. by lapse of time

Question 6

sale and agreement to sale differences

Answer 6

1. a sale is the current selling of goods whereas an agreement to sale is the agreement to sale of good in the future
2. the risk of goods is transferred to buyer after the sale whereas the risk of damage of goods is still with seller bc the product isn’t sold yet
3. there is a sale of existing products whereas there is a sale of future products
4. the ownership of goods is transferred to the buyer whereas the ownership is still with seller bc the product is selling in the future
5. if the buyer is suffering from bankruptcy, the seller can have access to the money by going to the court whereas if the buyer is suffering from bankruptcy the seller can simply cancel the contract
6. if the seller is suffering from bankruptcy, the buyer can still have the product whereas if the seller is suffering from bankruptcy, the seller can refund but doesnt sell the product
7. the seller cant sell the product if its already pais but the seller can sell the product bc the customer hasnt paid yet and has got high offers fromt others
8. the seller can sue if the buyer cant pay the price whereas the buyer can sue if the seller doesnt sell the product on desired time
9. the buyer will be responsible for loss of goods after the sale, the seller will be responsible for loss of goods

Question 7

condition and warranty

Answer 7

types of condition
1. as to title
2. as to description
3. as to sale of sample
4. as to fitness and quality of product
5. as to sale of sample and description

types of warranty
1. as to fitness of product for a purpose
2. quiet possesion
3. free from charges
4. usage of trade

Question 8

substansive vs procedural law

Answer 8

1. substansive law is ends of law as procedural is means of law
2. law of rights and powers / remedial law
3. except procedural law, all laws are explained / procedural law is only explained
4. deteremines the rights of victim party of a case/ determines the relation of the parties and court to a case
5. contains rights and remedies of a victim/ contains modes and condition to restore rights
6. it is prospective / retrospective
7. ideal in nature / behavioral in nature

Question 9

sale of goods

Answer 9

the transfer of ownership of goods via selling or buying

Question 10

creation of agency

Answer 10

1. by implied agreement
2. by expressed agreement
3. by ratification