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Civil Law

Void Marriages in Islamic Law

GROUNDS FOR VOID MARRIAGE:  Prohibitions founded on consanguinity:   The prohibitions founded on consanguinity are the same among the sunni as well as among the shias. No marriage can be contracted (a) with the ascendants (b) with…

Contract of Guarantee

Contract of Guarantee: A contract of guarantee is a contract to perform the promise or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the “Surety”. The person in respect of…

Undue Influence in Contract Act 1872

⁠⁠⁠⁠ Undue influence: A contract is said to be induced by “undue influence” where the relationship subsisting between the parties are such that one party is in a position to dominate the will of the another and uses that position to attain…

Contract of Indemnity

Contract of Indemnity: Section 124 of Contract Act 1872 states that “A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called…

Essentials of Valid Contract

ESSENTIAL OF VALID CONTACT: Following are the elements which are essential for valid contract. Section 10 of the contract act states that “all agreements are contracts if they are made by the free consent of parties competent to…

Ouster of Jurisdiction of Civil Courts

Introduction: The general jurisdiction of the civil courts to try all suits of a civil nature conferred and recognized by section 9 CPC is subject to the condition that their jurisdiction has not been expressly or impliedly barred. It is…

Declaratory Decree under Specific Relief Act

Declaratory Decree: Chapter six of the Specific Relief Act 1877 deals with the declaratory decree. Section 42 provides that “any person entitled to any legal character, or to any right as to any property, may institute a suit against any…

Duress or Coercion in Contract

Definition: Section 15 of the Contract act, defines Coercion as “Coercion is committing or threatening to commit any act forbidden by Pakistan Penal Code or unlawful detaining or threatening to detain any property, to the prejudice of…

Remedies for Breach of Contract

Remedies for breach of contract: Section 73 of the contract Act deals with the consequences of a breach of contract and on the basis of which compensation for any loss or damage is to be assessed by providing that when a contract has been…

Discharge of Contract by Frustration

Introduction: The second para of section 56 Contract Act 1872 states that “A contract to do an act which after the contract is made becomes impossible, or, by reason of some event which the promisor could not prevent, becomes unlawful,…