Notes, summaries, assignments, exams, and problems for 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" »

Sources of Commercial Law

The legal framework governing commercial transactions, particularly credit instruments, is derived from both primary and secondary sources.

Primary Sources of Commercial Regulation

1. Law and Applicable Statutes

   The primary law applicable to credit instruments is the LGTOC (General Law of Credit Instruments and Operations). Other commercial regulations are also applicable to fill legal gaps, such as the Commercial Code, specialized commercial laws, and the Federal Civil Code. All commercial regulations are federal in nature.

2. International Treaties

   Agreements and conventions ratified internationally that pertain to commercial transactions and credit instruments.

Secondary Sources of Commercial Regulation

3. Jurisprudence

   Jurisprudence

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

Contributory Negligence: The Partial Defence

• Statutory Basis: Section 1(1) of the Law Reform (Contributory Negligence) Act 1945.

A finding of contributory negligence cannot be established unless the defendant (D) is first proven to be negligent.

Defining Contributory Negligence

Contributory negligence occurs where the harm suffered is partly the fault of D and partly the fault of the claimant (C). Consequently, any award of damages to C may be reduced by reason of C's contributory negligence, though the reduction cannot be 100%.

Case Example: Jones v Livox Quarries [1952]

The claimant disregarded his employer's safety instructions by riding on the back of a haulage vehicle. Another employee negligently crashed into the back of the vehicle, causing... Continue reading "Contributory Negligence and Volenti Non Fit Injuria Defenses" »

Privacy Rights: Roe, Griswold, and Casey

Roe v. Wade Precedent: Griswold v. Connecticut

• Trimester Framework: Established in Roe v. Wade by Justice Blackmun (later modified).
• Griswold v. Connecticut (1965): Established a fundamental right to privacy derived from 'zones' in the Constitution (specifically citing Amendments 1, 3, 4, 5, 9, and 14).

Levels of Judicial Review

• Strict Scrutiny:
  • Requires a compelling government interest.
  • The law must be narrowly tailored to achieve that interest.
  • Burden of proof is on the government.
  • Statute is presumed unconstitutional.
  • Applied in cases involving fundamental rights (e.g., religion, race) or suspect classifications.
• Rational Basis Review:
  • Requires the government to show rational grounds for the law (legitimate government