law & its aspects
TRANSCRIPT
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Law and Its Others Aspects
Submitted By
Manish Yadav
Sahil SethiShashwat Mishra
Deepak Daga
Amit Kumar
Deepak Banthia
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LAW It is a comand for sovereign.
Law includes all rules and principles which regulatesour relation with other individuals and with the state
Law has a meaning only when it is implemented.
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Purpose of LawThe 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 rightsand basic liberties.
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Source of Law Legislation
Legislationis that source of law which consists in the
declaration of legal rules by a competent authority.Legislature is the direct source of law. Legislatureframes new laws, amends the old laws and cancelsexisting laws in all countries.
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Precedent(Case Law)The judgements passed by some of the learned jurists
became another significant source of law. When thereis no legislature on particular point which arises inchanging conditions, the judges depend on their ownsense of right and wrong and decide the disputes. Suchdecisions become authority or guide for subsequentcases of a similar nature and they are calledprecedents.
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Customary LawA custom is a rule which in a particular family or in a
particular district or in a particular section, classes ortribes,
The dictionary of English lawdefines custom as a lawnot written, which being established by long use andconsent of our ancestors has been and daily is put into
practice.
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Type of Law International Law
Domestic Law
Contract LawCompany LawIndustrail law
Tort LawProperty Law
Crimnal Law
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International Law International law governs affairs between sovereign
states in activities ranging from trade to militaryaction.Type of International law
Public International Law
Private International Law
Supranational law
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Public international law Public international law,
which governs the relationship between states andinternational entities. It includes these legalfields: treaty law, law of sea, international criminal law,the laws of war or international humanitarianlaw and international human rights law.
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Private international law Private international law, or conflict of laws,
which addresses the questions of (1) which jurisdictionmay hear a case, and (2) the law concerning whichjurisdiction applies to the issues in the case.
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Supranational law Supranational lawor the law
of supranational organizations,which concerns regional agreements where the laws ofnation states may be held inapplicable whenconflicting with a supranational legal system whenthat nation has a treaty obligation to asupranational collective.
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Law of contract
Contract is an agreement made between to or moreparties 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.
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Element of a Valid Contract Offer and acceptance
Free and geuine cunsent
Lawful consideration Legal Formalities
Intention to create legal relationship
Lawful object
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Company LawA company means a group of person associated
together for the attainment of a common and socialeconomic goal.
The law relating to companies in India is contained inthe Companies Act 1956.
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Characterstics of Company law Seprate Legal Entity
Limited laibility
Common seal Transferability of shares
Seprate property
Capacity to sue
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Industrial Law The Factories Act,1948
Factory means any premises including-1)Where 10 or more workers are working or wereworking on any day of the preceding 12 months wheremanufecturing process is being caried on with the aidof power.2) Where 20 or more workers are working or were
working on any day of the preceding 12 months wheremanufecturing process is being caried on without theaid of power.
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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
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Trot LawA tort, in common law jurisdictions, is a civil wrong
which unfairly causes someone else to suffer loss orharm resulting in legal liability for the person whocommits the tortious act, called a tortfeasor.
Although crimes may be torts, the cause of legalaction is not necessarily a crime as the harm may bedue to negligence which does not amount to criminalnegligence. The victim of the harm can recover theirloss as damages in a lawsuit. In order to prevail,the plaintiff in the lawsuit must show that the actions.
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Negligence Negligence
Negligence is a tort which arises from the breach ofthe duty of care owed by one person to another fromthe perspective of a reasonable person.The majoritydetermined that the definition of negligence can bedivided into four component parts that the plaintiffmust prove to establish negligence.
l d h l b l f
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Elements in determining the liability for
negligence
The plaintiff was owed a duty of carethrough aspecial relationship (e.g. doctor-patient) or some otherprinciple
There was a dereliction or breachof that duty The tortfeasor directly causedthe injury [but for the
defendant's actions, the plaintiff would not havesuffered an injury].
The plaintiff suffered damageas a result of thatbreach.
The damage was not too remote; there was proximatecause to show the breach caused the damage.
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Other Laws Property lawdefines rights and obligations related to
the transfer and title of personal and real property.
Tort law allows claims for compensation if a person'sproperty is harmed.
Criminal law deals with conduct that is consideredharmful to social order and in which the guilty party
may be imprisoned or fined.
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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 theminor could choose to avoid performing the contract.
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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
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Thank U