Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Contracts

A contract is a legally binding promise (written or oral) by one party to fulfill an obligation to another party in return for consideration.

Elements of a Contract

• Offer and Acceptance
• Consideration
• Intention to be legally bound
• Legal capacity
• Formalities

Societies

Civil Society

• Contract between two or more persons
• Obligation to contribute money or goods
• Profits shared among members
• No minimum capital
• Losses and profits distributed
• Minimum of two partners

Anonymous Society

• Dedicated to the exploitation of an economic activity
• Capital divided into shares
• Minimum capital of 60k
• Own legal personality
• Losses in proportion to contribution
• Quarterly VAT

Limited Liability Company

• Capital divided into equal parts, not shares
• Minimum capital of 3.5k
• Partners exempt

1. How would you characterize public and private law?

Public law deals with issues that affect the general public or state, society as a whole. Including Administrative law, Constitutional laws, Criminal laws, Municipal laws and International laws.

On the other hand, private law affects the rights and obligations of individuals, families, businesses and small groups and exists to assist citizens in disputes that involve private matters, which includes Contract law, Tort law - rights, obligations and remedies provided to someone who has been wronged by another individual, Property law, Succession law - governs the transfer of an estate between parties And Family law.

2. Which are the major branches of private law?

Private law deals with the mutual... Continue reading "Understanding Public and Private Law: Major Branches and Functions" »

Legal Rules as to Valid Offer

Essential Elements

1. Communication: Offer must be communicated to the offeree.
2. Certainty: The offer must be certain, definite, unambiguous, and not vague.
3. Legal Relation: The offer must be capable of creating a legal relation.
4. Expression: Offer may be express or implied.
5. Completeness: Communication of the complete offer is necessary.
6. Counter Offer: A counter-offer amounts to a rejection of the original offer.
7. Cross Offer: Cross offers do not conclude a contract.
8. Acceptance Burden: An offer must not thrust the burden of acceptance on the offeree.
9. Invitation to Offer: Offer must be distinguished from an invitation to offer.
10. Intention: The offeror should have the intention to obtain the consent of the offeree.
11. Specificity: Offer

Short Answers:

• Dual vs. Cooperative Federalism

  • Dual Federalism:

    • States retain autonomy; federal government yields to states in areas of overlapping responsibility.
    • Established in Hammer v. Dagenhart.
    • Revived in National League of Cities v. Usery, emphasizing state sovereignty, but later overturned by Garcia v. San Antonio Metropolitan Transit Authority, requiring states to yield to the Fair Labor Standards Act (FLSA).

  • Cooperative Federalism (Post-1937):

    • Federal government takes precedence in areas of overlapping responsibility.
    • United States v. Darby Lumber Co. upheld Congress's power to regulate employment conditions under the Commerce Clause, overturning Hammer v. Dagenhart.

• Printz v. United States

  • The Brady Handgun Violence Prevention Act (Brady Bill)

The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act

The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act is an important piece of legislation in India that aims to preserve and protect the country's rich heritage and cultural assets.

• The act was passed in 1958 and has since undergone several amendments to keep pace with changing times.

Overview of the AMASR Act

The AMASR Act defines an "ancient monument" as any structure or building, cave, sculpture, inscription, or monolith that is of historical, archaeological, or artistic interest.

• The act aims to protect such monuments and ensure their preservation for future generations.
• It applies to all monuments that are over 100 years old, whether they are in public or

Remedies for Breach of Contract

Rescission of the Contract

Suit for Damages

1. Check.-

   1. Definition.- is a bill of exchange drawn on behalf of a banker, which is payable on demand by the banker.

   2. Three - party

      1. the person who orders the drawn is the drawer

      2. the person against whom it is drawn is the drawee (the banker) and is ordered to pay

      3. the person to whom the draft is payable is known as the payee.

   3. Process.- The drawer gives the payee a written order that directs the drawee to pay money to the payee or to whomever the payee designates through an appropriate indorsement. The payee must collect the money from the drawee, by physically presenting the draft and demanding payment. Checks are different from other instruments because they are drawn on a bank and are payable on demand.

1. Notes.-

   1. A promissory note is an unconditional

Main Theme of the Roman Games

Main theme of the Roman Games

1. 1. It was for sport and spectacle.
   2. Include the Ludi Romani: Circuses, naumachia, and munera.
   3. Romans copied Greek models of art and literature, but they saw the games as too individualistic as opposed to being centered on the spectator.
   4. They thought Greek specialization in sport was useless because it was not directly transferrable to warfare.
   5. The violence of the Roman games was a safety release for the societal tension going on, given the socioeconomic conditions during that time.
   6. Ludi: a game in the sense of entertainment. Agon: Greek struggle.
   7. This started the beginning for Bread and Circuses.

Why did the Romans stage these brutal games?

1. Ludi Romani created social and political unity. Games reminded

Tirade-A protracted speech usually marked by intemperate, vituperative, or harshly censorious language.