Legal Notes are summaries of important legal concepts, principles, and rules. They provide a quick reference guide for lawyers, law students, and legal professionals to understand complex legal issues. Here are some Legal Notes on various topics:
– Contract Law: A contract is a legally binding agreement between two or more parties. Essential elements include offer, acceptance, consideration, intention to create legal relations, and capacity to contract.
– Tort Law: Tort is a civil wrong that causes harm or injury to another person. Key concepts include negligence, duty of care, breach, causation, and damages.
– Criminal Law: Criminal law deals with offenses against the state or society. Important concepts include mens rea (guilty mind), actus reus (guilty act), and strict liability.
– Family Law: Family law governs relationships between family members. Key concepts include marriage, divorce, child custody, child support, and spousal maintenance.
– Property Law: Property law deals with ownership and possession of property. Important concepts include real property, personal property, freehold, leasehold, and easements.
– Evidence Law: Evidence law governs the admissibility of evidence in court. Key concepts include relevance, reliability, hearsay, and privilege.
– Company Law: Company law regulates the incorporation, management, and winding up of companies. Important concepts include incorporation, shares, directors, and shareholders.
– Tax Law: Tax law governs the imposition and collection of taxes. Key concepts include income tax, capital gains tax, value-added tax, and tax deductions.
Every breach of contract entitles the injured party to recover damages for the loss he has suffered. Other remedies include specific performance and injunction which are equitable remedies. Generally, a plaintiff may suffer various kinds of losses consequent to a breach of contract by the other party: 1. The plaintiff may have lost the value […]
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Although a contract may be complete in all respects, it may be held to be unenforceable if its purpose or objects is illegal or contrary to the policy of the law. The concept of illegality seems to be derived from two sources. First of all, a contract may be illegal because it involves the doing
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Since a contract is based essentially on consent of the parties, agreements obtained by coercion or undue exertion of pressure are generally not enforceable. Thus a party who has entered into a contract as a result of pressure may be entitled to relief under the common law doctrine of duress or the equitable principles of
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What is Misrepresentation? Statements which are intended to influence the other party into entering the contract, but which do not become part of the contract as terms of it are referred to as representations. A misrepresentation is basically a representation which is untrue or false. The general effect of a misrepresentation which induces a party
WHAT ARE VITIATING FACTORS? Vitiating factors are simply legally recognized factors, which make an apparent contract lose its validity when it comes to its enforcement. In contract law, a contract is deemed to be vitiated or invalidated if it is found that there are factors, which negate or nullify the apparent consent of one or
WHAT IS DISCHARGE OF CONTRACT? Under what circumstances will a party to a contract be freed or discharged from performing his obligations under the contract? There are several ways : Discharge by agreement, performance, breach or frustration. DISCHARGE BY AGREEMENT The parties to an existing contract may enter into a subsequent contract to extinguish their
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WHAT ARE TERMS OF CONTRACT? The terms of contract are the statements, promises or propositions which form part of the contract and which define the respective rights and obligations assumed by the parties under the contract. The term of contrac define the scope and extent of the contract. If a statement forms an integral part
WHAT IS PRIVITY OF CONTRACT? In considering the enforcement of contracts, a preliminary issue which arises is whether a person who is not a party to a contract can enforce it under any circumstances. This raises the issue of privity of contract. Under common law, a person cannot be entitled to enforce or be bound
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There are certain categories of people who is the opinion of the law do not have full capacity to enter into contractual relations • Contractual capacity of minors- the common law age of majority for the purpose of contractual liability is 21 years. At common law contracts entered into between a minor and an adult
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WHAT IS CONSIDERATION? In contract law , a promise is said to be part of a bargain if it is given “for consideration”. A promise is given for consideration when the promisor asks for something in return for his promise and gets what he asks for. Thus a promise is generally not binding unless something
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