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Law and Its Others Aspects

Submitted By Manish Yadav Sahil Sethi Shashwat Mishra Deepak Daga Amit Kumar Deepak Banthia

LAW
It is a comand for sovereign.

Law includes all rules and principles which regulates our relation with other individuals and with the state
Law has a meaning only when it is implemented.

Purpose of Law
The obligations and purposes of law and government are to protect public health, safety, and morals to advance the general welfareincluding, preeminently, protecting people's fundamental rights and basic liberties.

Source of Law
Legislation
Legislation is that source of law which consists in the

declaration of legal rules by a competent authority. Legislature is the direct source of law. Legislature frames new laws, amends the old laws and cancels existing laws in all countries.

Precedent(Case Law)
The judgements passed by some of the learned jurists became another significant source of law. When there is no legislature on particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes. Such decisions become authority or guide for subsequent cases of a similar nature and they are called precedents.

Customary Law
A custom is a rule which in a particular family or in a

particular district or in a particular section, classes or tribes, The dictionary of English law defines custom as a law not written, which being established by long use and consent of our ancestors has been and daily is put into practice.

Type of Law
International Law
Domestic Law

Contract Law Company Law Industrail law Tort Law


Property Law Crimnal Law

International Law
International law governs affairs between sovereign

states in activities ranging from trade to military action. Type of International law Public International Law Private International Law Supranational law

Public international law


Public international law,

which governs the relationship between states and international entities. It includes these legal fields: treaty law, law of sea, international criminal law, the laws of war or international humanitarian law and international human rights law.

Private international law


Private international law, or conflict of laws,

which addresses the questions of (1) which jurisdiction may hear a case, and (2) the law concerning which jurisdiction applies to the issues in the case.

Supranational law
Supranational law or the law

of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective.

Domestic Law
Domestic law is the national, domestic, or

internal law of a sovereign state defined in opposition to international law. Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels. While, as far as the law of the state is concerned, these may be distinct categories of law, international law is largely uninterested in this distinction and treats them all as one. Similarly, international law makes no distinction between the ordinary law of the state and its constitutional law.

Law of contract
Contract is an agreement made between to or more

parties which the law will enfoce. Sec. 2(h) define contract as an agreement enforciable by law. The Indian contract act, 1872 lays down the law relating to contracts. It is a binding legal agreement.

Element of a Valid Contract


Offer and acceptance
Free and geuine cunsent Lawful consideration Legal Formalities Intention to create legal relationship Lawful object

Company Law
A company means a group of person associated

together for the attainment of a common and social economic goal. The law relating to companies in India is contained in the Companies Act 1956.

Characterstics of Company law


Seprate Legal Entity
Limited laibility Common seal Transferability of shares Seprate property Capacity to sue

Industrial Law
The Factories Act,1948

Factory means any premises including1)Where 10 or more workers are working or were working on any day of the preceding 12 months where manufecturing process is being caried on with the aid of power. 2) Where 20 or more workers are working or were working on any day of the preceding 12 months where manufecturing process is being caried on without the aid of power.

Factory Act Includes


The Employees Compensation Act,1923
The Payment of gratuity Act 1972 The Payment of Wages Act 1936 The minimum Wages 1948 The trade union Act 1926 The payment of Bonus Act 1965

Trot Law
A tort, in common law jurisdictions, is a civil wrong

which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions.

Negligence
Negligence
Negligence is a tort which arises from the breach of

the duty of care owed by one person to another from the perspective of a reasonable person.The majority determined that the definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence.

Elements in determining the liability for negligence


The plaintiff was owed a duty of care through a

special relationship (e.g. doctor-patient) or some other principle There was a dereliction or breach of that duty The tortfeasor directly caused the injury [but for the defendant's actions, the plaintiff would not have suffered an injury]. The plaintiff suffered damage as a result of that breach. The damage was not too remote; there was proximate cause to show the breach caused the damage.

Other Laws
Property law defines rights and obligations related to

the transfer and title of personal and real property. Tort law allows claims for compensation if a person's property is harmed. Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined.

Minor
Minor is a person who has not attained the age of

majority. Age of 18 years is a major. If a minor were to enter into a contract with an adult, the adult would be bound by the contract, whereas the minor could choose to avoid performing the contract.

Principles governing minors contracts


No estoppels against minor
No liability in contract or tort arising out of contract Doctrine of restitution Beneficial contracts Ratification Liability for necessaries

Thank