Business & Labour Law

Recommended Text Box

Business Law by Khalid Mehmood
Cheema
Course Assessment:

Quizzes: Minimum 5 quizzes

10 Marks
Mid Term
25 Marks
Final
40 Marks
Project
20 Marks
Presentation
05 Marks

Syed Salman Ahmed

sirsalmanahmed@yahoo.com
0300-3610026
Yahoo Group Name : bllfall15

Group E-Mail : bllfall15@yahoogroups.com

MBA (Marketing & Finance) (Silver Medal) IBA
Karachi
MEM (Quality Management) (Silver Medal) NED UET
Karachi
MBA (MIS) (Silver Medal) IBA Karachi
MAS (HRM) UoK Karachi
MA (Economics) UoK Karachi
PGD (CIS) (Gold Medal) UoK Karachi
B E (Aerospace) NED UET Karachi
LLB UoK Karachi
Teaching Experience : 26 Years

Law : An Introduction
It refers to a rule of conduct or a
procedure established by custom,
agreement or an authority for :(a)
Protecting the rights and
property
of members of a
society.
(b) Enforcing
their
mutual
contracts
(c) Holding them liable for their
torts
and punishing for their
crimes.

Law : An Introduction
The term liability has two aspects:(a) Criminal liability
(b) Civil liability
Distinction between criminal and
civil liability is central to the legal
system and to the way in which
court system is structured.
Objectives of each category of law
are different

Law : An Introduction
Criminal Law

Crime is conduct prohibited by

law

In criminal case, state is

usually the prosecutor

Guilty persons are punished by

fines or imprisonment

Burden of proof beyond

reasonable doubt is on state

Prosecution is brought in the

name of state

Law : An Introduction
Criminal Law

Sharia law contains concept of

Qisas, or
retribution, which
in certain cases, gives
legal
right to inflict on the wrongdoer
same hurt as he perpetrated
on the victim,
or to accept
Diyat, compensation, instead.

Western law focus on

punishment, where victims have
to undertake civil law action for
compensation.

Law : An Introduction
Civil Law

Civil law exists to regulate

disputes over
the rights and
obligations of persons
dealing
with each other.

State has no direct role in

dispute over, for
instance, a
breach of contract.

It is up to the persons involved

to settle the matter in the courts
if they so wish.

Law : An Introduction
Civil Law

Purpose of this course of

action is generally to impose a
settlement on matters either by
financial compensation in the
form of damages

injunctions

other orders

There is no concept of
punishment.

Law : An Introduction
Civil Law

Case must be proven on the

Balance of Probability.

Absolute proof or proof beyond

doubt is not required.

Only more probability in favor

of one
party over other has to
be convinced to the court.

Burden of proof may shift

between the two parties.

Law : An Introduction
Civil Law

Terminology as compared to
criminal cases is different. Here
it is called Plaintiff
sues the
Defendant.

Most important areas of civil

liability
include
law
of
contract and law of tort.

Law : An Introduction
Contract

It is a relationship between
two parties.

It
is
a
legally
binding
agreement, breach of
which
infringes one persons legal right
given by the contract to have
it performed.

Law : An Introduction
Tort

It is a wrong committed by one

person
against
another,
infringing the general rights
given to him by the law.

No need to have any preexisting

relationship between
plaintiff and defendant before
the tort was committed.

Most significant tort is Tort of

Defamation

Law : An Introduction
Distinction between Criminal and
Civil Cases

It is not an act or event which

creates the distinction, but the
legal consequences of the act or
event.

A single event might give rise

to criminal and civil proceedings
simultaneously.

Example : A broken leg caused

to a pedestrian by a drunken
driver is a single event which

Law : An Introduction
Distinction between Criminal and
Civil Cases

criminal case : prosecution by

the state for the offence of
driving with alcohol.

civil case : pedestrian sues for

compensation for pain and
suffering caused by the wrong

Burden of proof in rules of

evidence are very strict in case
of criminal case for example a
confession would be carefully

Law : An Introduction
Distinction between Criminal and
Civil Cases

Admission in a civil court will

not
be
subject
to
strict
scrutiny of the standard of
criminal case.

Law : An Introduction
Sources of Law

The law is not static but

changes and develops, reflecting
the values and institutions of
each era.

Main purpose and effect of law

is to
define and safeguard
rights of property
and to
uphold public order.

Law : An Introduction
Material
Historical
Sources
Sources

Law : An Introduction
Formal Sources of Law

It is the will of the state as

manifested
in
statutes
or
decisions of the courts.

Material Sources of Law

These sources are those from

which it derived the matter.
They are of two kinds;
legal
and historical sources.

Law : An Introduction
Historical Sources of Law

There are two kinds; Common

law and Equity.

Common Law

King Norman of England in

1066
developed system of
common law.

Law : An Introduction
Common Law

Till 1285, only writs against

established
forms only. After,
1285 slight relaxation given that
similar new forms of writs can
be issued provided they are
similar to the existing forms.

System was rigid and proved

to be
inadequate means of
providing justice.

Law : An Introduction
Equity

Where people failed to get

remedy in common law court,
petitioned to King for relief by
direct royal intervention. This
created concept of equity.

Equity was based on fair

dealings
between
two
individuals as equals, however, it
was not a complete alternative
of common law.

Law : An Introduction
Equity

Equity was a method of adding

and improving common law.

Interaction between common

law and equity brought three
major changes.

New Rights: Equity

recognized
and
protected
rights for which common law
gave no safeguards.

Law : An Introduction
Equity

For example : Salman

transferred
property to the
legal ownership of
Tahir to
pay the income of the property
to Badar (in modern law
Tahir is trustee for Badar), the
common
law
simply
recognized that Tahir was the
owner of the property
and gave no recognition to
Tahirs obligation to
Badar.

Law : An Introduction
Equity

Better Procedure :
Equity
could
be
more
effective than common law in
bringing
a
disputed
matter to decision.

Better Remedies :
Alternate remedies other than
monetary compensation for
the successful plaintiff was
able to be ordered by Equity,
such as:-

Law : An Introduction
Equity

(ii)
to abstain from
wrongdoing
(injunction)
(iii)
to alter a
document so that it
reflects the parties
true
intentions (rectifications)
(iv) to restore the precontract status
quo (rescission)

Law : An Introduction
Relationship between the common
law & Equity

Now
the
courts
of
common law and equity have
been
amalgamated,
however,
both remain distinct.

Where
common
law
applies, it tends to be automatic
in its effect.

Equity recognizes common

law, as it
always did; it

Law : An Introduction
Relationship between the common
law & Equity

The
as to
will grant
in lieu of a

courts have discretion

whether or not they
an equitable remedy
common law one.