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Previous Lecture Flaws in Capacity to Contract Minor Idiots & Lunatics Drunken Persons Alien Enemies Foreign Sovereigns & Ambassadors Professional Persons.

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Presentation on theme: "Previous Lecture Flaws in Capacity to Contract Minor Idiots & Lunatics Drunken Persons Alien Enemies Foreign Sovereigns & Ambassadors Professional Persons."— Presentation transcript:

1 Previous Lecture Flaws in Capacity to Contract Minor Idiots & Lunatics Drunken Persons Alien Enemies Foreign Sovereigns & Ambassadors Professional Persons Corporations Married Women

2 Law of Contract - 5 Lecture # 7

3 Unlawful Agreements Immoral – Court regards it as immoral

4 Unlawful Agreements Wagering – Public Gambling Act 1867, ACT No. III of 1867 – In Pakistan we have strict anti-gambling law. Gambling is also unlawful in Shariah. Despite this, it is estimated the gambling mafia profits (PKR) Rs. 14 crore ($1.43 million USD) annually by accepting cricket bets from Pakistani people.

5 Unlawful Agreements Opposed to the Public Policy – Policy is made in response to some sort of issue or problem that requires attention. Policy is what the government chooses to do (actual) or not do (implied) about a particular issue or problem. – Policy might take the form of law, or regulation, or the set of all the laws and regulations that govern a particular issue or problem.

6 Unlawful Agreements Opposed to the Public Policy – Policy is made on behalf of the "public." – Policy is oriented toward a goal or desired state, such as the solution of a problem. – Policy is ultimately made by governments, even if the ideas come from outside government or through the interaction of government and the public.

7 Unlawful Agreements Opposed to the Public Policy – Policymaking is part of an ongoing process that does not always have a clear beginning or end, since decisions about who will benefit from policies and who will bear any burden resulting from the policy are continually reassessed, revisited and revised.

8 Unlawful Agreements Restraint of Parental Right

9 Unlawful Agreements Restraint of Marriage and Brokerage

10 Unlawful Agreements Restraint of Trade – Legal Contract between a buyer and a seller of a business, or between an employer and employee, that prevents the seller or employee from engaging in a similar business within a specified geographical area and within a specified period. It intends to protect trade secrets or proprietary information but is enforceable only if it is reasonable with reference to the party against whom it is made, and is not contrary to the Restraint of Trade.

11 Unlawful Agreements Personal freedom in the context of human rights guarantees that the state has a responsibility to: – Protect us from torture and humiliation – Protect us from slavery or forced or compulsory labour

12 Unlawful Agreements Personal Freedom – Guarantee us a fair trial and effective remedy in case of breach of our rights – Ensure our right to liberty, freedom of thought and freedom of expression – Protect us from discrimination and prohibit abuse of our rights

13 Next Lecture Various Discharge of Contract & its Remedies


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