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Previous Lecture MOA MOU Contract. Law of Contract - 4 Lecture # 6.

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Presentation on theme: "Previous Lecture MOA MOU Contract. Law of Contract - 4 Lecture # 6."— Presentation transcript:

1 Previous Lecture MOA MOU Contract

2 Law of Contract - 4 Lecture # 6

3 Flaws in Capacity to Contract Some specific Persons can not get into Contract

4 Flaws in Capacity to Contract Minor – Islamic Law – Criminal Law – THE GUARDIANS & WARDS ACT OF 1890 – Age of Licensing – Domicile – Obtaining NIC – Bank A/c

5 Flaws in Capacity to Contract Idiots & Lunatics – A person, without understanding from his delivery, and whom the law, therefore, resume never likely to attain any. – Lunatic was defined as “an idiot or person of unsound mind” Pakistan inherited the Lunacy Act of 1912 which was largely ceremonial in its impact upon psychiatric care in the country. There was little progress on this front until 2001 when the first Pakistan Mental Health Act of 2001 was passed

6 Flaws in Capacity to Contract Drunken Persons – Prohibition (Enforcement of Hadd) Order of 1979 is Islamic – Pakistan Penal Code (XLV OF1860) MarriedWomen – English Law – 1935 – KSA – Pakistan

7 Flaws in Capacity to Contract Alien Enemies – An enemy of the state of Pakistan is defined by Rule 2 (2) of the Defence of Pakistan Rules as any person including Pakistan’s citizen or state “at war with or engaged in military operations against Pakistan”. – Such an enemy of the state is not entitled to maintain any petition in Pakistan’s courts according to the rationale and spirit of the Code of Civil Procedure’s Section 83.

8 Flaws in Capacity to Contract Foreign Sovereigns & Ambassadors – State is regarded superior to other associations only because of sovereignty. In fact modern theory of state got its proper shape and perfection only when the concept of sovereignty was introduced in it. – Ambassadors & High Commissions

9 Flaws in Capacity to Contract Professional Persons – Doctors – Lawyers

10 Flaws in Capacity to Contract Corporations – Firms – Companies

11 Next Lecture Contract – 7 Unlawful Agreements


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