INTRODUCTION TO BUSINESS AND LABOUR LAWS & LEGAL SYSTEM OF PAKISTAN

business and labour laws  INTRODUCTION TO BUSINESS AND LABOUR LAWS & LEGAL SYSTEM OF PAKISTAN

Objectives of the Course

This course has been designed with the objective of developing clear perception and understanding of the students about the different laws concerning business and labour.  This course would enable the students to apply these laws in real life situations.

The course is comprised of the following modules containing different laws confronting the businesses and labour force.

Course Management

MODULE 1

Scope of Law and Legal System of Pakistan

Topics /contents to be covered in this module:

1) Concept of law

2) Significance of law

3) Meaning and importance of jurisprudence

4) Kinds of jurisprudence including the following:

i) Analytical jurisprudence

ii) Historical jurisprudence

iii) Ethical jurisprudence

5) Definitions of law according to point of view of different jurists

6) Classification of law

7) Essentials of imperative law

business and labour laws  INTRODUCTION TO BUSINESS AND LABOUR LAWS & LEGAL SYSTEM OF PAKISTAN Legal sources of law including the following:

i) Legislation

ii) Precedents

iii) Customs

iv) Agreements

MODULE 2

Law of Contract (Contract Act, 1872)

We shall start with the law of contract, which is a very important branch of law and is of great significance for everyone whether an individual or a corporate entity or a government. Every one of us enters into different contracts and these contracts do affect in our every day transaction and dealing. The influence of the contract can be judged from the following:

  • Every purchase we make
  • Loan to a friend
  • Admission in the school / college
  • Ride one takes on a bus
  • Opening a bank account or taking a bank loan so on and so forth

Hence studying the general principles is of great importance for every one of us.

The contract is a binding force that holds the fabrics of any economic system. If there is no contracts and there is no law at the back of these contracts, there will be chaos in the business world rather society at large. The contracts give rise to rights and obligations amongst the contracting parties and law of contract

provides the mechanism through which It can be determined weather the promises or agreements between the parties have legal binding and enforceable at course of law. Similarly the law regarding partnerships, companies, negotiable instruments and other statutes outline in the modules or equally important for individuals and business and shall be discussed at length.

Topics / contents to be covered in this module:

1) Definitions and concept of agreement, promise, promiser, promisee, consideration, void agreements

and proposal.

2) Concept and scope of consideration

3) Essentials of a valid contract including the following:

(i) Offer and acceptance

(ii) Legal relationship

(iii) Legal consideration

(iv) Competent parties

(v) Free consent of the parties

4) Concept of the legal capacity of contracting parties  5) Importance and scope of free consent  6) Kinds of contracts including the following:

(i) Valid contract

(ii) Voidable contract

(iii) Void contract

(iv) Unenforceable contract

(v) Express contract

(vi) Implied contract

(vii) Executed contract

viii) Executory contract

7) Contingent contracts

business and labour laws  INTRODUCTION TO BUSINESS AND LABOUR LAWS & LEGAL SYSTEM OF PAKISTAN Performance of contracts

9) Performance of reciprocal promises

10) Discharge of contract

11) Different modes in which a contract is stands discharge including the following:

  • By performance
  • By impossibility of performance
  • By agreement of parties
  • By operation of law -By breach of contract

12) Essentials of valid tender including the following:

  • Unconditional–There is no obligation on the counter party to accept a conditional tender.
  • Tender to be made at proper time and proper place.  -Tender should be in entirety as per stipulations of the agreement.
  • In case of tender relating delivery of goods, the Promisee should be provided opportunity to

examine the goods according to the stipulations of the contract -Tender must be offered to a person who is able to perform the promise under the contract -Tender to be made to the Promisee or his agent  -In case of joint Promisee, tender can be made to any of the joint promises.  -In case tender of money, the exact amount should be mentioned.

13) Breach of contract

14) Remedies for breach of contract including the following:  -Suit for damages: Sec. 73 -Suit for compensation– Party rightfully rescinding contract entitled to compensation: Sec. 75 -Suit for specific performance

  • Suit for Injunction

15) Contracts of indemnity and guarantee 16) Contracts of bailment and pledge

17) Contracts of agency -Scope of contract of agency

MODULE 3

Law of Partnership (Partnership Act, 1932)

Topics / contents to be covered in this module:

a) Concept of partnership

b) Essentials and kinds of partnership

c) General duties of partners

d) Mutual rights and liabilities of partners

MODULE 4

Law relating to companies (Companies Ordinance, 1984)

Topics / contents to be covered in this module:

  • Objects of Company’s Ordinance, 1984
  • Scope of the company
  • Different legal definitions
  • Advantages of incorporation
  • Formation of company
  • Memorandum of association
  • Article of association
  • Prospectus of a company
  • Effect of registration
  • Kinds of shares
  • Winding up of a companies
  • Securities and Exchange Commission of Pakistan
  • Concept of corporate governance

MODULE 5

Law of negotiable instruments

Topics / contents to be covered in this module:

  • Concept, object and purpose of this Act
  • Types of negotiable instruments
  • Essentials of promissory note
  • Essentials of bill of exchange
  • Essentials of a cheque
  • Types of cheques
  • Concept of crossed cheque
  • Distinguishing features between these instruments
  • Endorsement
  • Parties to negotiable instrument
  • Negotiation of the instruments
  • Discharge from liability

MODULE 6

Law relating to transfer of property (Transfer of Property Act, 1932)

Topics / contents to be covered in this module:

  • Concept of transfer of property -Sale of immovable property
  • Concept of sale and agreement to sell -Mortgages of immovable property, scope of mortgages and types of mortgages
  • Lease of immovable property Essentials of lease
  • Transfer of property through exchange  -Transfer of property through gifts
  • Transfer of actionable claims

MODULE 7

  • Law relating to sales of goods
  • Carriage of goods by different modes

Topics / contents to be covered in this module: -Scope of the Sales of Goods Act, 1932 -Concept and essentials of sales of goods -Classification of goods  -Concept of condition and warrantee  -Performance of contract of sales of goods -Carriage of goods  -Carriage by land  -Carriage by sea -Carriage by air

MODULE 8

Law of trust

Topics / contents to be covered in this module: -Law of trust -Concept of trust -Purpose of trust -Duties and liabilities of trustees -Rights of trustees -Extinction of trust -Revocation of trust.

MODULE 9

Law of insurance

Topics / contents to be covered in this module: -Concept of insurance  -Essentials of a contract of insurance  -Classification of insurance business -Life insurance -Fire insurance -Marine Insurance

MODULE 10 Labour laws

Topics/ contents to be covered in this module:

1) Industrial Relations Ordinance, 2002

a) definitions

b) trade unions

c) worker’s participation and dispute resolution

d) Labour courts:

i) Procedure and  powers

ii) Awards and decisions

iii) Appeal to the High Court

2)  National Industrial Relations Commission

3)   Law Relating to Compensation to Workmen

4) Definitions

5) Workmen compensation

6) Commission

7) Law Relating to Factories

i) definitions

ii) health and safety standards for factories

business and labour laws  INTRODUCTION TO BUSINESS AND LABOUR LAWS & LEGAL SYSTEM OF PAKISTAN Penalties

9)  Law relating to payment of wages

10) Employees social security ordinance, 1965

i) definitions

11) Employees social security institutions

12) Contribution for social security

13) Benefits for workers

14) Determination of claims

15) Social security courts

16) Offences and prosecutions

What is Law?

Everyone around us talks about law according to one’s own perception. Before studying the statutory provisions of law, interpretation and significance of law, it is important to know what law is all about. Law in general sense defined as under:  “The law consists of rules that regulate the conduct of individuals, businesses, and other organizations within society”

Significance of Law

Law is to maintain rights, uphold justice and redress wrongs. Law ensures public order, balance, harmony, peace among the persons within the state and inter-states. The legal experts term signs the civil law as jurisprudence. Some other concepts of jurisprudence are given below: “Jurisprudence means the knowledge of law, or knowledge of just and unjust. It deals with laws that are enforceable by the courts”.

Kinds of Jurisprudence

The jurisprudence has been divided into following branches:

  • Analytical Jurisprudence
  • Historical Jurisprudence
  • Ethical Jurisprudence

Analytical jurisprudence

It studies the principles of law as it exists now.

Scope of Analytical jurisprudence

Its scope is enumerated below:

  • Analysis of the law as it exists
  • Treatment of a concept in its elementary sub-divisions
  • Study of the legal source of law
VN:F [1.9.14_1148]
Rating: 0.0/10 (0 votes cast)
VN:F [1.9.14_1148]
Rating: 0 (from 0 votes)