Q1.

Law of Pakistan The Law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of B itish India! thus ultimately on the common law of "ngland and #ales. Pakistan as an Islamic epublic also has been influenced by Islamic $ha ia law. %isto y &pon the c eation of the 'ominion of Pakistan in 1()* the laws of the e stwhile B itish Ra+ emained in fo ce. ,t no point in Pakistan-s legal histo y was the e an intention to begin the statute book af esh. 'u ing the eign of .ene al /uhammad 0ia1ul1%a23 elements of Islamic $ha ia law we e inco po ated into Pakistani law3 leading to the institution of a 4ede al $ha iat 5ou t 64$57. In some 4ede ally and P o8incially ,dministe ed T ibal , eas 964,T,7 and 6P,T,7:3 a system of law employing t aditional methods pe sists at the local le8el. ,t this info mal le8el3 disputes a e settled by a +i ga3 a council of t ibal elde s. Influences The common law of "ngland and #ales is the basis of Pakistani law. ,s a esult Pakistan is a common law system3 with an ad8e sa ial cou t p ocedu e and follows othe common law p actices such as +udicial p ecedent and the concept of sta e decisis. %owe8e Pakistan diffe s f om the classic common law in many way. 4i stly both the c iminal and ci8il laws a e almost completely codified3 a legacy f om the days of the B itish Ra+3 when "nglish laws we e extended to India by ways of statute. ;u y t ials ha8e been phased out in Pakistan since independence3 because of +udicial and public dissatisfaction with thei ope ation! one Pakistani +udge called +u y t ials as <amateu +ustice<.9citation needed: In constitutional law matte s Pakistani +u isp udence has been g eatly influenced by the &nited $tates legal system3 Pakistan has adopted a &$1style 4ede al $t uctu e. Islamic law and t aditional +i ga1based law has also influenced the count y-s +udicial de8elopment. $=&5R"$ =4 B&$I>"$$ L,# I> P,?I$T,>

Q@. A=I' ,.R""/">T$ Aoid cont act3 also known as a 8oid ag eement3 is not actually a cont act. , 8oid cont act cannot be enfo ced by law. Aoid cont acts a e diffe ent f om 8oidable cont acts3 which a e cont acts that may be 6but not necessa ily will be7 nullified. ,n ag eement to ca y out an illegal act is an example of a 8oid cont act o 8oid ag eement. 4o example3 a cont act between d ug deale s and buye s is a 8oid cont act simply because the te ms of the cont act a e illegal. In such a case3 neithe pa ty can go to cou t to enfo ce the cont act. , 8oid cont act is 8oid ab initio3 i e f om the beginning while a 8oidable cont act can be 8oidable by one o all of the pa ties. , cont act can also be 8oid due to the impossibility of its pe fo mance. " gB If a cont act is fo med

between two pa ties , C B but du ing the pe fo mance of the cont act the ob+ect of the cont act becomes impossible to achie8e 6due to action by someone o something othe than the cont acting pa ties73 then the cont act cannot be enfo ced in the cou t of law and is thus 8oid. , 8oid cont act can be one in which any of the p e e2uisites of a 8alid cont act isDa e absent fo example if the e is no cont actual capacity3 the cont act can be deemed as 8oid. In fact38oid means that a cont act does not exist at all. The law can not enfo ce any legal obligation to eithe pa ty especially the disappointed pa ty because they a e not entitled to any p otecti8e laws as fa as cont acts a e conce ned. 4eatu es of Aoid ag eementsB ,n ag eement made by incompetent pa ties 6/ino DLunatic Pe son7 is 8oid. ,ny ag eement with a bilate al mistake is 8oid. ,g eements which ha8e unlawful conside ation is 8oid. ,g eement with a unlawful ob+ect is 8oid. ,g eements made without conside ation is 8oid. ,g eement in est aint of ma iage of any ma+o pe son is 8oid 6absolute est iction7. ,g eement in est aint of t ade is 8oid.6 easonable eason7 ,g eement in est aint of legal p oceedings is 8oid. ,n ag eement the te ms of which a e unce tain is 8oid. ,n ag eement by way of wage 6bettingDgambling7 is 8oid. ,n ag eement contingent upon the happening of an impossible e8ent is 8oid. ,g eement to do impossible acts is 8oid.

"E5"PTI=>$ T= T%" .">"R,L R&L" =4 L,# I> P,?I$T,> T%,T ,> ,.R""/">T /,'" #IT%=&T 5=>$I'"R,TI=> I$ A=I' The law go8e ning the cont acts in Pakistan is contained in the 5ont act ,ct3 1F*@. , cont act may be defined as an ag eement which is enfo ceable at law and e8e y p omise3 constituting an offe and its acceptance3 is an ag eement. 4o 8alidity of an ag eement3 conside ation is always necessa y. #he ein an ag eement3 conside ation is not p esent3 the ag eement is 8oid. G,H p omises fo no conside ation to gi8e to GBH Rs. @IIID1. This is a 8oid ag eement. But an ag eement without conside ation can be t eated as a cont act.1 #hen it is exp essed in w iting and egiste ed unde the law of egist ation of documents and is made on account of natu al lo8e and affection between pa ties standing in nea elations to each othe B G,H fo his natu al lo8e and affection3 p omises to gi8e his son GBH3 Rs. @III. G,H puts his p omise to GBH in w iting and egiste s it. This is a cont act. #hen it is a p omise to compensate3 wholly o in pa t3 a pe son who has al eady 8olunta ily done something fo the p omiso o something which the p omiso was compellable to doB G,H suppo ts GBJs infant son. GBH p omises to pay G,Js expenses on doing so. This is a cont act. #hen it is a p omise made in w iting and signed by the pe son to be cha ged the ewith3 to pay

wholly o in pa t3 a debt of which the c edito might ha8e enfo ced payment but fo the law fo the limitation of suits. G,H owes GBH Rs. @3IIID13 the debt is ba ed by Limitation ,ct. , signs a w itten p omise to pay GBH Rs. 1IIID1 on account of the debt. This is a p omise.

"xplanation 6@7 to section @K p o8ides that an ag eement to which consent of the p omiso is f eely gi8en is not 8oid me ely because the conside ation is inade2uate. G,H ag ees to sell a house wo th Rs. @I3IIID1 fo Rs. KIID1. ,Js consent to the ag eement was f eely gi8en. The ag eement is a cont act notwithstanding the inade2uacy of conside ation. But the inade2uacy of conside ation may be taken into account by the cou t in dete mining the 2uestion whethe consent of the p omiso was f eely obtained.