INTRODUCTION Talaq is one of the modes of dissolution of the marriage tie of the husband and the wife It is the right of the husband to dissolve the marriage. Divorce is a vexed question in Islamic law. Talaq or divorce is regarded by Holy Prophet (PBUH) to be the “most detestable before Allah of … Read more
INTRODUCTION Liability is the bond of legal necessity that exists between the wrong-doer and the remedy of the wrong. It has its source in the supreme will of the state. A. VICARIOUS LIABILITY According to Fleming: Vicarious liability is a principle where the law holds one person responsible for the misconduct of another. BASIS … Read more
INTRODUCTION Damages are Remedies are some important concepts in Tort Law. two types of remedies are available to the victim of a tort. They are classified into the following two categories (a) Judicial Remedies and (b) Extra-Judicial remedies. Damagés and injunctions are merely two different forms of remedies against the same wrong. The third remedy … Read more
Preface Free consent means a voluntary agreement by a person. That person must possess and exercise sufficient mental capacity to make an intelligent choice to do something proposed by another person. Relevant Provisions Sections 14, 19, and 20 of the Contract Act, of 1872 deal with free consent. Definition of the term “Consent” … Read more
INTRODUCTION Crime is such a phenomenon that has affected all societies throughout history. Crime takes many forms, including assault, fraud, and drug trafficking. Criminologists always try to understand the root causes of crime, including the social, economic, and psychological factors that contribute to criminal behavior. Despite efforts to reduce crime, it remained a significant challenge … Read more
INTRODUCTION Defenses in torts are an important concept. There are some conditions that, when present, will prevent an act from being wrongful which in their absence would be wrong. In an action in tort, when the plaintiff proves the essential elements of the tort, the defendant may avoid general defenses or exceptions to liability in … Read more
Preface Coercion in a contract refers to the use of force, threats, or undue influence to compel someone into entering or modifying a contractual agreement against their free will. It undermines the voluntary nature of contracts and renders them legally unenforceable. Relevant Provisions Sections 15, and 19 of the Contract Act, of 1872 deal … Read more
INTRODUCTION The Dower is the financial gain that the wife is entitled to receive from her husband by virtue of marriage It is also called Mahar. It may be settled before marriage, at the time of marriage, or even after the marriage. The right of the wife to dower becomes complete on the consummation of … Read more
INTRODUCTION Common intention and common object are legal terms used to determine the liability of individuals involved in a criminal act. Common intention refers to a mutual understanding between two or more individuals to commit a crime together. Common object refers to the shared objective or purpose behind the criminal act. RELEVANT PROVISIONS Sections 34, … Read more
INTRODUCTION Defamation means to hurt someone’s reputation which every person has an inborn right to enjoy and to make sure that this right is not violated. If therefore, a person makes a statement either orally or in writing and hurts another person’s reputation, he will be considered to have committed a tort and liable for … Read more
Preface Undue influence is a legal term that affects the nature of a contract and makes it voidable at the option of the aggrieved party. Relevant Provisions Section 16 of the Contract Act 1872 deals with undue influence. Definition of Undue Influence Section 16 defines undue influence as follows A contract is said … Read more
INTRODUCTION Freedom of Assembly is a fundamental right which is available to every citizen of Pakistan and secured by Article 16 of the Constitution of the Islamic Republic of Pakistan, 1973. But where persons assemble to commit any breach of law, the same would become unlawful, and where the strength of such assembly is five … Read more
INTRODUCTION Nuisance is the violation of a man’s inborn right that his senses may not be injured. Every man has this right to enjoy the pleasure of life. If this right is infringed or obstructed, it will be called a nuisance. ORIGIN OF NUISANCE The word “Nuisance” is derived from the French word “nuire” … Read more
Preface Fraud is a misrepresentation that is made recklessly without belief in its truth to induce another person to act. Relevant Provisions Sections 17 and 19 of the Contract Act, of 1872 deal with fraud. Definition of Fraud According to Section 17 of the Contract Act, Fraud is defined as Fraud means and includes any … Read more
INTRODUCTION Under Islamic law, the husband is bound to maintain his wife. The woman in Islam is exempted from any financial earning liability. She is entitled to maintenance under Islamic law. RELEVANT PROVISIONS Section 369 of Muhammadan Law LITERAL MEANING Literally, the term maintenance means food, clothing, and lodging. In the Arabic Language, … Read more
INTRODUCTION General defences are those defences that are available to a person to protect himself in a situation of danger. These may be of body or property. There are several general defences available to individuals who are accused of committing a crime. RELEVANT PROVISIONS Sections 82, 83, 84, 85, 86, 76 & 79, 81, … Read more
INTRODUCTION Negligence is one of the main aspects of the tort law. Here, a person can claim damages or even injunctive relief. In these cases, the legal rights and the property of people are protected as also financial interests as well. In order to succeed in an action for negligence, it is necessary for a … Read more
Preface Misrepresentation is a false statement that the person making it honestly believed to be true, or that he does not know to be false. Relevant Provisions Sections 18 and 19 of the Contract Act, of 1872 deal with misrepresentation. Definition Misrepresentation is to say a misleading statement to someone. However, Section 18 … Read more
INTRODUCTION The right of private defence is provided to preserve one’s life or security and to prevent crime. The law does not want that a law-abiding person should live a cowardly life so the right of self-defence is provided in Pakistan Penal Code. RELEVANT PROVISIONS Sections 96, 97, 99, 100, 101, 102, 103, 104, … Read more
INTRODUCTION Vicarious liability is when one person or entity is held legally responsible for the actions or omissions of another person or entity. It does not indicate a distinct tort, but rather a process by which one person can be held liable for a recognized tort committed by another. It mainly arises in employer/employee and … Read more
You cannot copy content of this page
