1.Explain the classification of legal rules?

Answer: The main difference between rules and laws is the consequences associated with breaking
them. While each is developed to invoke a sense of order, fair play, and safety, the weight of a law is
much heavier than the weight of a rule. Laws are like the legal version of rules.

Classifications of Law:

Law may be classified in various different ways but the most important classifications are as follows:

• Public and Private Law

• Civil Law and Criminal Law
• Substantive and Procedural Law
• Municipal and International Law
• Written and Unwritten Law
• Common Law and Equity

1. Public and Private Law: Public Law can be defined as that aspect of Law that deals with
the relationship between the state, its citizens, and other states. It is one that governs the
relationship between a higher party — the state — and a lower one, the citizens. Examples of
public law include Constitutional law, Administrative Law, Criminal law, International Law and
so on.

Private law, on the other hand, is that category of the law that concerns itself with the
relationship amongst private citizens. Examples include the Law of torts, the Law of contract,
the Law of Trust and so on.

2. Civil Law and Criminal Law: Civil law in this regard can be defined as the aspect of Law
that deals with the relationship between citizens and provides means for remedies if the right of
a citizen is breached. Examples of civil law include the Law of Contract, the Law of Torts, Family
Law etc.

Criminal Law, on the other hand, can be referred to as that aspect of Law that regulates crime in
the society. It punishes acts which are considered harmful to the society at large. An example of
criminal law is the Criminal Code Act

When treating a criminal case, the standard of proof to be used is proof beyond reasonable
doubt; S.135 Evidence Act 2011. Also, the burden of proof does not shift from the
prosecution. What this means is that before a conviction can be gotten, the state has to prove the
commission of the crime to be beyond reasonable doubt.

On the other hand, in civil cases, the standard of proof is on the balance of probabilities; S.134
Evidence Act 2011. Also, the burden of proof shifts between both parties when they need to
establish their case. Judgement normally goes in favour of the particular party that has been
able to prove its case more successfully.

3. Substantive and Procedural Law: Substantive Law is the main body of the law dealing
with a particular area of law. For example, the substantive law in relation to Criminal Law
includes the Criminal Code Act and the Penal Code Act.

Procedural law, on the other hand, is law in that deals with the process which the courts must
follow in order to enforce the substantive law. Examples include the rules of the various courts
and the Administration of Criminal Justice Act 2015, which is the procedural law in
relation to the Criminal Code Act and the Penal Code Act.

4. Municipal/Domestic and International Law: Municipal/Domestic law is the aspect of

law which emanates from and has effect on members of a specific state.

International law, on the other hand, is the law between countries. It regulates the relationship
between different independent countries and is usually in the form of treaties, international
customs etc. Examples of International law include the Universal Declaration of Human
Rights and the African Charter on Human and People’s Rights.

It should be noted that according to the provision of S.12 of the 1999 Constitution (as
amended) International treaties cannot have the force of law in Nigeria except they are
enacted by the Nigerian National Assembly.

5. Written and Unwritten Law: A law would not be regarded as written just because it is
written down in a document. Written laws are those laws that have been validly enacted by the
legislature of a country.

Unwritten laws, on the other hand, are those laws that are not enacted by the legislature. They
include both customary and case law. Customary Law as part of its basic characteristic is
generally unwritten. Case law, though written down in a documentary format, would be
regarded as unwritten law based on the fact that it is not enacted by the legislature.

An example of this is the good neighbour principle established in the case of Donoghue vs.
Stevenson. The principle posits that manufacturers of products should take utmost care in
their manufacturing activities to ensure that the consumption of their product doesn’t result in
harm to the consumer. This principle is not enacted in a statute but is a case law which is
applicable in Nigerian Courts.

6. Common Law and Equity: In the legal sense, the term common law means the law
developed by the old common law courts of the King’s Bench, the Courts of Common Pleas and
the Courts of Exchequer.

The English common law is regarded as such because it is law common to all parts of England. It
grew over time from the practices, customs and way of life of the people. It is largely unwritten.
The first common law judge was the King himself. People who had disputes usually brought
them to the King to settle them.

However, due to matters of state, the king didn’t have time to settle all cases. As a result of this,
the king appointed members of his court who were to settle disputes in his stead. These judges
had the authority of the king and any disobedience to them was treated as disobedience to the
king and punishment was swift.

These different judges travelled the length and breadth of the realm to settle disputes. When
they got to a particular location, they applied the customary law in that location in order to settle
disputes. Regularly, these different itinerant judges would come together to compare the
different customary laws they encountered on their travels.

They discarded customs that were thought to be insensible and accepted those which were
sensible. This led to the conglomeration of different customs which were then applied all
through the realm. This then metamorphosed into the common law of England.

However, the common law was strict, formal and full of legalism. One example of this was in its
system of writs. If an action did not fit into a writ, there was no remedy for such action. Also, the
only remedy available in common law was that of damages.

Due to the harshness of common law, the people petitioned the King directly for judgement. The
Lord Chancellor, as the King’s Prime Minister, was the one that dealt with most of these
petitions. His court was called the Court of Chancery/Equity. The Lord Chancellor, was usually a
bishop and thus, he applied the principle of fairness and natural law in making his decisions.

Subsequently, there was conflict between the common law court and the court of chancery. This
conflict came to head in the Earl of Oxford’s case. In this case, the plaintiff was the assignee of
a lease and he built a house and planted a garden on the land. Subsequently, the
defendant/owner of the land sought to evict him from the land. The assignee thus sued and lost
at common law, and he appealed to the court of chancery.

The court of equity accepted his petition and allowed him to stay on the land. The reasoning of
the Lord Chancellor, Lord Ellesmere, was that by natural law, it was only fair and just for a
person who builds a house to be able to live in that house.

This judgement prompted Lord Coke, the Chief Justice of the King’s Bench to accuse the Lord
Chancellor of frustrating the rules of common law. The matter was brought to the King who
referred it to Lord Francis Bacon. Francis Bacon supported the court of equity and ruled that
whenever there was a clash between common law and equity, equity would prevail.

This ruling however, did not help to completely solve the problem between the two courts. This
was due to the fact that the common law courts could only grant the remedy of damages and
thus, anyone seeking a different remedy would first pass through the common law courts before
going to equity.

Over the years, the two systems were merged till finally, in 1875, the Judicature Act fused the
two systems into one court. However, although they are applied in one court, the rules of
common law and equity can be distinguished from each other. This is what prompts the
statement “Although the two streams now flow into one, their waters do not mix.”

2. discuss the impact of law on society and business.

The law is important for a society for it serves as a norm of conduct for citizens. It was also made to
provide for proper guidelines and order upon the behaviour for all citizens and to sustain the equity on
the three branches of the government. It keeps the society running. Without law there would be chaos
and it would be survival of the fittest and everyman for himself. Not an ideal lifestyle for most part. It is
pivotal that we follow them. The law allows for easy adoption to changes that occur in the society.
1. Law plays an important indirect role in regard to social change by shaping a direct impact on society.
For example: A law setting up a compulsory educational system.
2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner
constituting a direct relationship between law and social change. For example, a law designed to prohibit
polygamy.
3.Law plays an agent of modernization and social change. It is also an indicator of the nature of societal
complexity and its attendant problems of integration. Further, the reinforcement of our belief in the age-
old panchayat system, the abolition of the abhorable practices of untouchability, child marriage, sati,
dowry etc are typical illustrations of social change being brought about in the country trough laws.
4.Law is an effective medium or agency, instrumental in bringing about social change in the country or in
any region in particular. Therefore, we rejuvenate our belief that law has been pivotal in introducing
changes in the societal structure and relationships and continues to be so.
5.Law certainly has acted as a catalyst in the process of social transformation of people wherein the
dilution of caste inequalities, protective measures for the weak and vulnerable sections, providing for
the dignified existence of those living under unwholesome conditions etc. are the illustrious examples in
this regard. Social change involves an alteration of society; its economic structure, values and beliefs, and
its economic, political and social dimensions also undergo modification. However, social change does not
affect all aspects of society in the same manner.
Impact of law in business:
Governments impose different rules and regulations on businesses and some of these rules and
regulations apply to both small and big businesses. As a business owner, it is very important for you to
understand business law and the regulations that affect your type of business.
the regulations imposed by governments on businesses are classified into four main categories;
employee relations, taxes, bureaucratic and international trade.
• Change in business laws means changes in the way businesses operate. Taxation policy is one the
government policies that affect businesses directly because taxation is based on the amount of money
earned by all businesses. For example, increase in corporation taxes which focus on the businesses
profits has an effect similar to increase in costs. VAT (value added tax) is also a tax policy that will affect
the bottom line,although in most governments VAT, is a cost on the consumer and not the business
owner.

• Business laws affect employer to employee relationships and vice-versa. For instance, it is mandatory
for employers to follow government regulations regarding the way they treat their employees and their
hiring mechanism.

• When it comes to international trade, business laws are imposed in regards to international trade
tariffs. Such rules and regulations are strict on the kind of products going in and out internationally. The
international trade rules and regulations also enforce guidelines on the parties that should take part in
international trade.

• Lastly, governments impose business rules and regulations to ensure that all businesses are run in line
with codes of ethics, good health and safety of the consumers.

Law is a system of rules and guidelines which are enforced through social institutions to govern
behaviour, wherever possible. It shapes politics, economics and society in numerous ways and serves as
a social mediator of relations between people.

3. what is business law? Discuss the objectives of business law.

Business law:
Business law is a section of code that is involved in protecting liberties and rights, maintaining orders,
resolving disputes, and establishing standards for the business concerns and their dealings with
government agencies and individuals. Every state defines its own set of regulations and laws for business
organizations. Similarly, it is also the responsibility of the business concerns to know the existing rules
and regulations applicable to them.
{maintaining order, establishing standards, protecting liberties, and resolving disputes}.
• Establishing standards identifies what types of behavior are and are not accepted in society. For
example, damage to person or property is considered a crime because it is not tolerated by
society.
• Maintaining order is necessary for a civilized society.
• Resolving disputes allows for the mitigation of issues that arise between those with different
wants, needs, views, and/or values. The court system is the formal legal method for resolving
disputes and consists of both state and federal courts. Disputes can also be resolved through
alternative dispute resolution, which are official but less formal methods such as mediation and
arbitration.
• Protecting liberties and rights ensures each individual is allowed his or her constitutional rights,
including freedom of speech and so forth.

4.What are the problems of business law?

PROBLEMS OF BUSINESS LAW
Business law, like any other system, has its own problems. The major ones are outlined below:
1. Gap between Principles and Practice
There is a wide gap between what is stated in a particular law and what is implemented in
practice. This is because of the known predilections and weakness of the law enforcing authorities.There
is so much talk about the removal of exploitation of child labour. Article 39 of the Constitutionenjoins
upon the State to protect childhood against exploitation. Sec. 67 of the Factories Act, 1948,prohibits
employment of children below 14 years of age. But it makes pathetic scene to watch a smallboy of six or
seven years of age, travelling in a city bus, early in the morning, hair unkept, faceunwashed, clothes
soiled and torn and with a tiny tiffin box tucked under his armpit, to his work place.
From the early hours of the morning till late in the evening, the boy spends his hard day inflating
cycletubes, cleaning engines, washing plates and glasses in hotels, or rolling beedies or incense sticks.
Theboy gives his monthly earning of ` 150 to ` 180 to his father who squanders it on drinks. No
legislationhas punished the guilty father or saved the helpless boy.
Again the Factories Act, 1948, provides standards of cleanliness, lighting, ventilation, safety andother-
facilities to be maintained in industrial establishments. But if you visit some factories, you arereminded
of the 18th century cells.
Another example relates to the manufacture of drugs in our country. Tetracycline (which is an
essential drug) combination with vitamin C is banned in our country. But Pfizer, a leading drug
company,combines Oxytetracycline (no different to tetracycline) with vitamin C and is marketing the
productopposing the ban. Such instances are several.
2.Enactment and Enforcement by different AuthoritiesIn several cases laws are enacted by the Central
Government but enforcement is left to the Statesand local agencies. The Constitution specifically
delegates much of the control of business activity to individual States. However, law enforcement efforts
at the State and local levels vary widely. This
anomaly gives room for avoidable problems. Consequently the purpose of the legislation itself is
defeated.
An example of this can be found in the legislation concerned with the control of
pharmaceuticalproducts. Although we have the Drugs Control Act enacted by the Central Government,
enforcement isthe constitutional responsibility of the various States, Majority of States have not
established appropriateagencies to enforce the legislation. In most of those which have, the drug control
organisations arepoorly staffed and cannot effectively handle their administrative duties. The Drug
Controller of one ofthe States has complained that the only firms he/she can supervise adequately are
those which already
comply with the law. He does not have the trained man-power he/she needs to ferret out the manysmall
companies which do not file required reports and which do not meet legal standards.
3. Road Blocks to Industrial Progress
It was claimed in point three above, that legal system contributes to the business growth.
Whileadmitting the positive contribution of legal system to business growth, the damage it can cause to
theindustrial development should not be forgotten. It is an established fact that the legal system has
beenputting several road blocks to our industrial progress. Being a highly regulated economy, all aspects
ofbusiness — what to produce, where to produce, how much to produce, at which price products
mustbe sold, how much profit a businessman must earn, and how he must spend his profit, are decided
bythe government. This means that the businessman has no choice of his own. Further, every decisiona
businessman takes must be in conformity with one rule or the other. Freedom to decide on a courseof
action, to act on the chosen path, and to reap the benefits of an action are the basic tenets of
effective management. This freedom is largely denied to the businessman thanks to the pervasive legal
environment.
4. Short and Swift Road to Justifice for Wealth
It is highly regrettable that there is a short and swift road to justice for the wealthy, influential andwell
connected people. For others the road to justice is long, weary, and heart breaking. Misuse ofjudiciary by
the wealthy and powerful to exploit the innocent, poor and honest people has become afertile ground
for fiction-writers to dish out cashbooks some of which have become best sellers. Themain reason for
this phenomenon is to be found in the judiciary itself. It is said that corruption andnepotism have
entered the sacred portals of judiciary and the judges are suspectable to political influences.Maladies of
this type of judiciary prompted Dickens to dub judiciary as an ass, an idiot.
5. Loopholes in the Laws
It is a well-known fact that manufacturers take advantage of loopholes in the laws, manage to
obtain stay on the operation of government orders, and avoid or postpone payment of taxes and
otherdues to the government. Government should now get several hundred crores as excise duty from
ourmanufacturers. But the amount is not coming to the government because of stay issued by judiciary.
Business law is, probably, at its worst in the field of industrial relations. During the last and a half, in the
name of “directive principles”, “social justice”, and “active law making”, the SupremeCourt, instead of
having a balanced and reasoned consideration of opposing interests, has entirelyvitiated the industrial
relations fabric by making wholesale dogmatic assertions in undermining discipline.
6. Other Problems
Today, litigative justice has come to a grinding halt, the judicature has caricatured itself into a
dinosaur and both the Bench and the Bar, alas, have become a law unto themselves. Indian
humanityhaving come to discard the judiciary as barred by limitation of time except as a pantomime. If it
is notto be regarded as a case of survival after death, a new elan is needed now.

5.Define 'cosent','bailment','pledge' 'agreement' and 'contract'

Consent in Contracts
When two parties wish to enter into an agreement, they can use a contract, which will outline the rights
and responsibilities of all parties. Several important elements exist in a contract, including consent. In
basic terms, consent is the understanding that the parties have of the contract.

Both parties in the contract must give their consent voluntarily. If there are certain mistakes, or if one
party attempts to deceive or pressure the other, consent will not be considered voluntary or genuine.
Bailment
A bailment is a special contract defined under section 148 of the Indian Contract Act, 1872. It is derived
from a French word i.e. “bailer” which means “to deliver”[2]. The etymological meaning of bailment is
“handing over”or “change of possession of goods”. By bailment, we mean delivery of goods from one
person to another for a special purpose on the contract that they shall reimburse the goods on the
fulfilment of the purpose or dispose of them as per the direction of the bailor. The person who delivers
the goods is known as bailor. And the person to whom the goods are given is known as Bailee. And the
property bailed is known as Bailed Property.
Pledge
Pledge is a kind of bailment. Pledge is also known as Pawn.It is defined under section 172 of the Indian
Contract Act, 1892. By pledge, we mean bailment of goods as a security for the repayment of debt or
loan advanced or performance of an obligation or promise. The person who pledges the goods as
security is known as Pledger or Pawnor and the person in whose favour the goods are pledged is known
as Pledgee or Pawnee.
Agreement
An agreement is an expansive concept that includes any arrangement or understanding between two or
more parties about their rights and responsibilities with respect to one another. Such informal
arrangements often take on the form of “gentlemen’s agreements,” where adherence to the terms of the
agreement relies upon the honor of the parties involved rather than exterior means of enforcement.
Contract
A contract is a specific type of agreement that meets certain requirements designed to create legally
binding obligations between parties that are enforceable by a court of law.

6.What are the elements of a valid contract?

book page 14
7.How to terminate a contract?
If you would like to terminate a contract you are in without taking an action that would be construed as
a breach of contract, you have the following options for achieving release from the contract legally:

Use a termination clause. If your contract has a termination clause, you can follow the steps stipulated
in it to release yourself from the contract. Generally, a termination clause will stipulate that due notice of
termination must be given in writing for termination to be acceptable. There may also be an early
termination fee that must be paid.
Claim the contract is impossible. If it can be argued that the terms of the contract are impossible to
fulfill, then you may be released from the obligations of the contract. An argument for impossibility will
only be acceptable if that circumstance is due to either the acts of the other party in the contract or an
act of nature; you cannot gain release due to your own acts causing completion impossibility.
Claim frustration of purpose. Frustration of purpose refers to the reason for a contract’s existence going
away, and if this occurs, you may be able to terminate your contract. For example, if you sublease your
apartment to travel overseas but political tensions make such traveling impossible, you might be able to
cancel your sublease contract because the reason for having it went away.
Identify a breach of contract. If the other party has committed a breach of contract and you can identify
it, then you will be able to terminate your contract.
Negotiate termination. It may be possible to take your desire to terminate the contract to the other
party and convince them to allow you to dissolve the contract. You may have to offer some
compensation for this, including a cancellation fee or the reimbursement of funds already received
during the course of the contract. You may also offer to take up the contract again some time in the
future, once the reason for your desire or need to terminate the contract has passed.
8.Distinguish in between offer and acceptance.
kumkumapu sheet page 17

15.How to convert a private limited company into a public limited company?

21.What are the various leave status and procedure according Bangladesh labor
law 2006?
Legal provision in relation to leave and holiday under Labour Law is important to know for
employees and employers as well. In addition, the HR of a company must know the exact
procedure of leave and holidays as per labour law. Therefore, this article will focus various
types of leave and holiday, procedure and benefits available to a worker. Furthermore, this
article has focused on maternity leave and benefits for women in Bangladesh.

Types of leaves under Labour Law

1 Types of leaves under Labour Law

1.1 CASUAL LEAVE
1.2 SICK LEAVE
1.3 ANNUAL LEAVE WITH WAGES
2 Types of holidays Under Labour Law
2.1 Festival holidays:
2.2 Weekly holiday:
2.3 Calculation of wages during leave or holiday
2.4 PAYMENT OF WAGES FOR UNVEILED LEAVE
2.5 Procedure for Leave
2.6 Acceptance and refusal of leave
2.7 Extension of leave
3 Maternity Benefit
3.1 Right to Maternity Benefit
3.2 When maternity benefit is not possible
3.3 Procedure for maternity benefit
3.4 Amount of maternity benefit
3.5 Restriction on termination of a woman
Three types of leave are available to workers under the labour law 2006 which are:

• Casual leave
• Sick leave
• Annual leave

CASUAL LEAVE
Every worker shall be entitled to casual leave with full wages for 10 (ten) days in a calendar
year. Such leave shall not accumulate and carried forward to the succeeding year.

SICK LEAVE
Every worker, shall have a right to claim sick leave with full wages for 14 (fourteen) days in a
calendar year. No such leave shall be allowed unless a registered medical practitioner examine
him. In addition, Doctor has to issue certifies thereof. Such leave shall not be accumulated and
carried forward to the succeeding year.

ANNUAL LEAVE WITH WAGES

Every adult worker having after competition one year of continuous service in an establishment,
shall able to claim annual leave. An employee during the subsequent period of twelve months
can claim annual leave. The annual leave will be calculated at the rate of one day leave with
wages for every 18 working days.
If a worker does not avail the leave as mentioned above, still he can claim that in the
succeeding period of twelve months.

Types of holidays Under Labour Law

There are two types of holidays available for workers under the act which are:
• Festival holidays
• Weekly holidays

Festival holidays:
Every worker will get 11 (eleven) days of paid festival holiday in a calendar year. In case of
working on any festival holiday, a worker will get two day’s additional compensatory holidays
with full pay and a substitute holiday.

Weekly holiday:
An adult worker can claim in each week –

one and half days holiday for shop, commercial establishment or industrial establishment and in
a factory and establishment one day in a week;
can claim in each week one day’s holiday of twenty four consecutive hours if he works for road
transport service; and no deduction on account of such holidays shall be made from the wages
of any such worker.
Calculation of wages during leave or holiday
For the leave or holidays under this Act, a worker shall get at the rate equal to the daily average
of his full time wages. The wage will include dearness allowances, and ad-hoc or interim pay, if
any, for the days on which he worked during the month immediately preceding the leave. But it
will exclude any overtime allowance and bonus.

PAYMENT OF WAGES FOR UNVEILED LEAVE

A worker having due annual leave, is dispensed with whether as a result of retrenchment,
discharge, removal, dismissal, termination, retirement or by reason of his resignation, the
employer shall pay his wages in lieu of the unveiled leave. The rate of the wage will be the
same as any worker is entitled to during the period of his leave in accordance to the Labour Act
2006.

Procedure for Leave

A worker who desires to obtain leave of absence shall apply to the employer in writing stating
his leave address therein. The employer shall issue orders on the application within seven days
of the application or two days prior to the commencement of leave applied for, whichever is
earlier. However, if due to urgent reasons the leave applied for is to commence on the date of
application or within three days then the order shall be given on the same day.

Acceptance and refusal of leave

If an employer grants a leave, then obviously he will issue a leave pass to the worker. In case of
refusal of a leave, the employer must give a reason of such refusal. The employer shall
communicate it to the worker before the date of commencement of expected leave.
Extension of leave
If the worker, after convincing of leave, desires an extension, he shall apply sufficiently in
advance before the expiry of the leave to the employer. The employer shall send a written reply
either granting or refusing extension of leave to the worker to his leave-address.

Maternity Benefit
Every pregnant woman will get:

Maternity leave and

Maternity benefit
Right to Maternity Benefit
Every woman will have right to get payment of maternity benefit. The benefit period will be 8
(eight) weeks preceding the expected day of her delivery and 8 (eight) weeks immediately
following the day of her delivery.

When maternity benefit is not possible

Women shall not get maternity benefit unless she has worked under the employer, for a period
of not less than 6 (six) months immediately preceding the day of her delivery. In addition no
maternity benefit shall be payable to any woman if at the time of her confinement she has two or
more surviving children. However, in that case she has right to claim other available leaves.

Procedure for maternity benefit

Any pregnant woman entitled to maternity benefit under this act may, on any day, give notice
either orally or in writing to her employer that she expects to be confined within eight weeks.
She may also nominate a person for the purpose of receiving payment of maternity benefit in
case of her death. When such a notice is received employer shall permit the women to absent
herself from work from the day following the date of notice until eight weeks after the day of
delivery.

Any woman who fails to give such notice and delivered of a child, shall within seven days, give
similar notice to her employer that she has given birth to a child. In this case the maternity leave
begins from the day of delivery until eight weeks after the day of delivery.
Amount of maternity benefit
The maternity benefit which is payable under this act shall be payable at the rate of daily,
weekly or monthly average wages. The daily, weekly or monthly average wages, shall be
calculated by dividing the total wages earned by the woman during the three months
immediately preceding the date on which she gives notice by the number of day she actually
worked during the period. Such payment shall be made wholly in cash.

Restriction on termination of a woman

If any notice or order of discharge, dismissal, removal or termination of employment is given by
an employer to a woman within a period of six month before and eight weeks after her delivery
and such notice or order is given without sufficient cause, she will not be deprived of any
maternity benefit to which she would have become entitled under the act.
22. Briefly explain the industrial dispute settlement process as per
the BLL 2006?
SETTLEMENT OF DISPUTE, LABOUR COURT, LABOUR
APPELLATE TRIBUNAL, LEGAL PROCEEDINGS, ETC.
209. Raising of industrial dispute.No industrial dispute shall be deemed
to exist, unless it is raised by an employer or by a collective bargaining agent in
accordance with the provisions of this Chapter.
210. Settlement of industrial dispute.
(1) If at any time an employer or a
collective bargaining agent finds that an industrial dispute is likely to arise between
the employer and the workers, the employer or the collective bargaining agent shall
communicate his or its views in writing to the other party.
(2) Within 15 (fifteen) days of the receipt of a communication under sub-
section (1), the party receiving it shall, in consultation with the other party, arrange
a meeting with it for collective bargaining through discussion on the issue raised in
the communication with a view to reaching an agreement, and such meeting may be
held between the representatives of the parties authorized in this behalf.
(3) If the parties, after holding discussion, reach a settlement on the issues
discussed, a memorandum of settlement shall be recorded in writing and signed by
both the parties, and a copy thereof shall be forwarded by the employer to the
Government, the Director of Labour and the Conciliator.
(4) If
(a) the party receiving a communication under sub-section (1) fails to
arrange a meeting with the other party within the time specified in
sub-section (2), such other party, or
(b) no settlement is reached through dialogue within a period of 1 (one)
month from the date of the first meeting for negotiation, or, such
further period as may be agreed upon in writing by the parties, any of
the parties,
may, within 15 (fifteen) days from the expiry of the period mentioned in
sub-section (2) or, clause (b) of this sub-section, as the case may be, report the
matter to a competent Conciliator mentioned insub-section (5) and may request him
in writing to settle the dispute through conciliation.
(5) For the purposes of this Chapter, the Government shall, by notification in
the official Gazette, appoint such number of persons as it considers necessary, as
Conciliator for such specific area or establishment or industry as may be specified in
the notification, and the Conciliator appointed for the area or establishment or
industry concerned shall take up any request for conciliation under sub-section (4).
(6) The Conciliator shall, within 10 (ten) days of receipt of the request as
aforesaid, start conciliation, and shall call a meeting between both the parties to
bring about a settlement.
(7) The parties to the dispute shall appear before the Conciliator in person or
through the representatives nominated and authorized by them to enter into an
agreement binding on both the parties on such date and at such time as the
Conciliator may specify.
(8) If any settlement of the dispute is arrived through conciliation, the
Conciliator shall submit a report thereon to the Government together with a
memorandum of settlement signed by both the parties.
(9) If no settlement is arrived at within 30 (thirty) days of receipt of any
request for settlement of any dispute by the Conciliator, the conciliation shall fail, or
the conciliation may be continued for further period agreed upon in writing by both
the parties.
(10) If the conciliation fails, the Conciliator shall try to persuade the parties to
agree to refer the dispute to an Arbitrator.
(11) If the parties do not agree to refer the dispute to an Arbitrator, the
Conciliator shall, within 3 (three) days of failure of the conciliation issue a certificate
to the parties to the dispute to the effect that it has failed.
(12) If the parties agree to refer the dispute to an Arbitrator, they shall make a
joint request in writing for settlement of the dispute to an Arbitrator agreed upon by
them.
(13) An Arbitrator referred in sub-section (12) may be a person from the
panel of Arbitrators prepared by the Government in this behalf, or any other person
agreed upon by the parties.
(14) The Arbitrator shall give his award within 30 (thirty) days from the date
of receipt of the request for arbitration or within such further period as may be
agreed upon in writing by the parties.
(15) When an award is given by the Arbitrator, he shall forward one copy
thereof to the parties and another copy to the Government.
(16) The award of the Arbitrator shall be final and no appeal shall lie against it.
(17) An award shall be valid for such period not exceeding two years as may
be fixed by the Arbitrator.
(18) The Director of Labour may, if he deems fit in the interest of settlement of
a dispute, at any time, take over any conciliation proceedings from any Conciliator
and proceed to conciliate the dispute himself, or transfer such proceedings to any
other Conciliator, and in such a case the other provisions of this section shall apply.
(19) Notwithstanding anything contained in this section, the collective
bargaining agent of the establishments, in respect of which a trade union of
employers or a federation of trade unions of employers has been registered shall
communicate with such trade union of employers or federation regarding any
industrial dispute and any agreement regarding settlement of industrial dispute
made with such trade union of employers or federation shall be binding upon all the
employers and workers of the establishments.
211. Strike and lock-out.(1) The party which raises any industrial dispute
may, within 15 (fifteen) days of receipt of the certificate of failure under section 210
(11), give a notice to the other party, of strike or lockout, as the case may be, in
which the date of commencement of such strike or lockout shall be mentioned,
which shall not be earlier than seven days and later than 14 (fourteen) days of the
date of giving such notice, or the party raising such dispute may make an application
to the Labour Court for adjudication of the dispute:
Provided that no collective bargaining agent shall serve any notice of strike,
unless 1[two-thirds] of its members give their consent to it through a secret ballot,
specially held for that purpose, under the supervision of the Conciliator, in such
manner as may be prescribed by rules.
(2) If a strike or lock-out begins, either of the parties to the dispute may make
an application to the Labour Court for adjudication of the dispute.
(3) If any strike or lock-out lasts for more than 30 (thirty) days, the
Government may, by order in writing, prohibit it:
Provided that the Government may, by order in writing, prohibit a strike or
look-out at any time before the expiry of 30 (thirty) days if it is satisfied that the
continuance of such strike or lock-out is causing serious hardship to the public life
or is prejudicial to the national interest.
(4) In case of any public utility service, the Government may, by order in
writing, prohibit a strike or lock-out at any time before or after the commencement
of the strike or lock-out.
(5) If the Government prohibits a strike or lock-out under sub-section (3) or
(4), it shall forthwith refer the dispute to the Labour Court for settlement.
(6) The Labour Court shall, after giving both the parties to the dispute an
opportunity of being heard, make such award as it deems fit as expeditiously as
possible but not later than 60 (sixty) days from the date on which the dispute was
referred to it :
Provided that the Labour Court may, if it deems necessary, make an interim
award on any matter of the dispute :
Provided further that an award shall not be invalid due to delay in making
such award.
(7) An award of the Labour Court shall remain in force for such period as may
be specified in the award, which shall not be more than 2 (two) years.
(8) The strike or lock-out shall be prohibited in an establishment for a period
of 3 (three) years from the date of commencement of production therein, if such
establishment is a new one or is owned by foreigners or is established in
collaboration with foreigners, but other provisions of this Chapter relating to
resolution of any industrial dispute shall apply to such establishments.

23.What Does 'Caveat Emptor' Mean?

Caveat emptor is a Latin term that means "let the buyer beware." Similar to the phrase "sold as
is," this term means that the buyer assumes the risk that a product may fail to meet
expectations or have defects. In other words, the principle of caveat emptor serves as a warning
that buyers have no recourse with the seller if the product does not meet their expectations.

The term is actually part of a longer statement: Caveat emptor, quia ignorare non debuit quod
jus alienum emit ("Let a purchaser beware, for he ought not to be ignorant of the nature of the
property which he is buying from another party.") The assumption is that buyers will inspect and
otherwise ensure that they are confident with the integrity of the product (or land, to which it
often refers) before completing a transaction. This does not, however, give sellers the green
light to actively engage in fraudulent transactions.

Caveat Emptor in Practice

Under the principle of caveat emptor, for example, a consumer who purchases a coffee mug
and later discovers that it has a leak is stuck with the defective product. Had they inspected the
mug prior to the sale, they may have changed their mind.

A more common example is a used car transaction between two private parties (as opposed to
a dealership, in which the sale is subject to an implied warranty). The buyer must take on the
responsibility of thoroughly researching and inspecting the car—perhaps taking it to a mechanic
for a closer look—before finalizing the sale. If something comes up after the sale, maybe a
transmission failure, it is not the seller's responsibility. Garage sales offer another example of
caveat emptor, in which all sales are final and nothing is guaranteed.

24. Briefly explain the salient features of. "sales of goods act''.
The people need laws and regulations regarding buying and selling and things related to them
for fair transition. The Sale of Goods Act helps both buyer and the seller and provides fair
ground for business and consumers. The Sale of Goods Act is from 1930 and came into force
on July 1, 1930. The Act has 66 sections in it and 7 chapters. It discusses about laws related to
trading of goods.
Chapter 1
This chapter is about Act title, extent and commencement.
There are some terms clarified in sec 2 for better understating of the Act, about 15 definitions is
in there. Eg, Goods that are manufactured, produced or acquired after the sale contract are
future goods (Section 2(6). Mercantile agent has authority to sell or consign goods for the
purposes of sale or buy goods, or raise money on security of goods (Section 2 (9). Application
of provisions of Act IX of 1872 is also include here (Section 3)
Chapter 2
This chapter is about the formation of the contract. When seller agrees to transfer the property
in goods to buyer for a price it’s called sale contract which can be absolute or conditional. If the
transfer of property happens at a later time or condition it’s called agreement to sell. Sec 4
Chapter also discussed about formalities and subject-matter as- offer acceptance void contract
and price. (Section 5-10)
There are conditions and warranties. Usually conditions about depend on the contract. The
stipulation refers to conditions and warranty (Section 11, 12). When seller has to fulfill the
condition but buyer waivers it as breach of condition, contract is not severable and buyer cannot
fulfill some conditions, it can be breach of warranty. (Section 13) then implied undertaking as to
title and sale by description sale by sample is in Section 14, 15, 17. If buyer show the goods for
any purpose the must be able to fulfill that purpose, has to match the described quality (Section
16)
Chapter 3
This discusses about transfer of property and transfer title for which goods must be ascertained
(Section 18). The property in the goods passes to buyer when contract is made or when parties
intended (Section 19, 20).
Specific goods have to be put into deliverable state and seller is bound to measure it (Section
21, 22). Sale of unascertained goods has to be appropriate (Section 23). The seller reserves the
right of disposal of the goods until certain conditions are fulfilled and it is his risk until buyer
receives it (Section 25, 26).Section 27-30 is about authority to sell and transfer of title and who
holds possession of the goods and its liability.
Chapter 4
This chapter is about the performance of the contract. Seller’s duty is to deliver and buyer’s to
accept (Sec 31). The seller will be willing to give possession of goods to buyer in exchange for
price and buyer will willingly pay (Sec 32).
The way of delivery will be agreed upon (Sec 33). But delivering party doesn’t operate as a
delivery of reminder (Sec 34). The seller isn’t bound to deliver without delivery payment (Sec
34).
The place of delivery is on the contract otherwise it is the place of agreement at a reasonable
time, this is also for demand tenders (Sec 36).
If buyer receives less quantity of goods he should reject them but if he accepts then he will pay
at contract rate and if buyer receives more than contract quantity then he can accept the
quantity he buys or reject the whole or can pay at contract rate. If buyer receives mix of goods
other than contracted he can keep the contracted goods and reject the rest (Sec 37). Buyer isn’t
bound to accept delivery in installments, in case of installments there are different
considerations (Sec 38).
The seller is authorized and required to safely deliver the goods to buyer in case of carrier
involved and inform the carrier about the goods nature (Sec 39). It depends on the contract who
takes risk in case of goods delivered at distant places (Sec 40).
The buyer has right to examine the goods (Sec 41). If the buyer doesn’t inform about rejecting
then he has accepted the goods (Sec 42). If he rejects the goods then its not his responsibility
to return it (Sec 43). It is buyer’s liability if he neglect or refuse delivery of goods (Sec 44)
Chapter 5
This chapter is about the rights of unpaid sellers. The unpaid seller doesn’t pay the whole price
or tenders, or doesn’t fulfill the reason of dishonor of negotiable instrument as conditional
payment (Section 45(1). The seller is any seller, bill of lading agent, consignor or agent who’s
responsible for price (Section 45(2)Though property in goods have passed to buyer the unpaid
seller has rights to have lien on goods for price when he had possession, can stop goods transit
if buyer is insolvent, can resell (Section 46(1). If the property in goods has not passed yet then
unpaid seller can withhold delivery, stop the transit (Section 46(2)The unpaid seller can retain
possession until payment of goods has been sold without stipulation, on credit, expired the
credit term, or buyers become insolvent (Sec 47(1). Seller can use his right
of lien as agent or bailee for buyer though he has goods possession Sec 47(2)
The unpaid seller who has made part delivery can use right of lien if the circumstances how
agreement that can waive the lien (Sec 48)
If the unpaid seller of goods delivers to carrier or bailee for transmission with reserving right of
disposal, buyer or his agent obtains goods possession lawfully, or cause of waiver loses his lien
(Sec 49)
If unpaid seller has a decree for the price of good he will not lose lien. (Sec 50)
Chapter 6
This chapter is about the breach of contract. The seller can sue if the buyer wrongfully neglects
or refuse to pay (Sec 55(1). If the buyer has to pay price on a certain day regardless of delivery
under contract but wrongfully neglects or refuses to pay the seller can sue him without passing
the property Sec 56(2)
In case of breach of warranty the buyer can set breach of warranty in diminution or extinction of
price or sue for damage Sec 59(1). If he faces further damage he can sue the same breach of
warranty again Sec 59(2)
Chapter 7
Chapter 7 deals with miscellaneous issues as exclusion of implied terms and conditions,
reasonable time, auction act and others.

25.Briefly explain the major features of the Consumer Rights Act 2009.
A consumer is a person who is not directly involved in a trade, but receives goods and services
from a person who is engaged in the business. To keep the business profitable and legal, some
policies have been formulated by the government to strike a balance between profit and quality.
Such policies are largely about goods and services supplied to the consumers or customers,
who wish to purchase or hire goods and/or services from the sellers or manufactures.
Consumer rights are integral to human rights.
Over the years, these rights have gained importance in safeguarding the interest of consumers
from the clutches of business monopoly and trade malpractices. Protection of consumer rights is
now a global agenda. Bangladesh is struggling to fulfil the basic needs of its consumers. The
world's economic giants have enacted a series of laws to meet the contemporary global
demand on economic progress on one side and protection of the consumers from unfair,
misleading and aggressive business propaganda on the other. While most developed countries
have their stringent laws to protect consumers' interest, the World Trade Organisations (WTO)
has also adopted a lot of rules to regulate trade and businesses of various products and
services through import or export that impacts on producer or manufacturer, supplier or
distributor, seller and ultimately the consumer.
Bangladesh has enacted Consumer Rights Protection Act, 2009 to deal with the consumer
affairs. The Law is an addition to a number of around 61 relevant laws dealing with the
consumer rights and their protection mechanisms in a sporadic way. Articles 15 and 18 of the
Constitution of Bangladesh can be referred to as the basis of consumer protection laws. Article
15 deals with the provision of basic necessities like food, clothing, right to work, right to
reasonable wage, quantity and quality of work, social security etc. In addition, there are
numerous other provisions which have been enacted from time to time.
Laws for consumer protection in Bangladesh include: The Essential Commodity Act, 1956, The
Pure Food Ordinance, 1959, The Price and Distribution of Essential Commodity Ordinance,
1970,The Drug Control Ordinance 1982, The Breast Milk Substitute (Regulation of Marketing)
Ordinance 1984,The Tobacco Goods Marketing (Control) Act 1988,The Special Powers Act
1974,The Dangerous Drug Act 1930, The Trade Marks Act 1940,The Standard of Weights and
of measures Ordinance 1982,The Food Grain Supply Ordinance 1956, The Penal Code 1860,
The Sale of Goods Act 1930, The Bangladesh Standards and Testing Institution Ordinance,
1985: BSTI Act (Amendment)- 2003,The Essential Commodity Act 1990, Fish and Fish Product
Rules, 1997 etc.
The Consumer Rights Protection Act, 2009 provides for both civil and criminal remedies. A
consumer is entitled to lodge complaint with the Consumer Rights Protection Department for
any violation of the Act. The Deputy Commissioners of the districts can exercise the same
power as given to the department. A consumer although barred from filing a direct complaint to
the police station under the Consumer Rights Protection Act, 2009 can file a case to the Police
Station under other Laws. The Law on consumer rights not only prohibits adulteration, hoarding,
smuggling, black marketing, cheating or fraud in weight and measurement or selling products at
higher price but also provides punishments for such acts. A manufacturer or producer as well as
a service provider or even in special circumstances the seller is liable for adulterated foods or
drugs or other essential commodities. The counterfeit products or stolen goods or adulterated
food or drugs are also prohibited for selling in the market and violation of which is punishable
under the penal Laws including death penalty under the Special Powers Act, 1974 or
imprisonment for 10 years and a fine of Tk.1 million under the Drug Control Ordinances, 1982.
The Bangladeshi laws provide for the establishment of different organisations to protect the
rights of the consumers including various Courts or Tribunals such as- (i) Consumer Rights
Protection Department; (ii) National Consumer Rights Protection Council; (iii) Special Tribunal;
(iv) Mobile Court (can work/ function under various Laws; It may be constituted by a special
executive order); (v) Drug Court; (vi) Food Special Court; (vii) Ordinary Criminal Courts; (viii)
Ordinary Civil Courts; (ix) Marine Courts; (x) BSTI; (xi) Claims Tribunal etc. Various types of
punishments under the consumer related Laws of Bangladesh can be summarised below:
l Death Penalty for adulteration of food, black marketing, hoarding etc. under the Special
Powers Act, 1974;
l 10 years imprisonment and/ or fine of taka two hundred thousand for manufacturing sub-
standard or prohibited drugs under the Drug Control Ordinance, 1982;
l 3-years punishments and/ or fine of taka two hundred thousand under the Consumer Rights
Protection Act, 2009 for adulteration of food or medicine;
l Compensation 5-times the actual loss under the Consumer Rights Protection Act, 2009;
l 4-years imprisonment and/ or fine of taka one hundred thousand under the BSTI Ordinance,
1985;
l Fine of taka 50 thousand and/or rigorous imprisonment for one year under the Pure Food
Ordinances for sub-standard food items or giving false warranty etc;
l 6-months imprisonment or fine of taka one thousand under the Penal Code, 1860 for
adulteration of food or drug or sale of adultered food or drug. For fraudulent use of false weight
or measure of length or capacity, one year imprisonment or fine or with both. The same
punishment can be imposed for an offence relating to trade mark and property mark.
l 2-years imprisonment and fine of taka 10,000 for violation of Standards of Weights and
Measures Ordinance, 1982;
l 3-years imprisonment and/ or fine of taka 1000 for violation of the Control of Essential
Commodities Act, 1956;
l 2-years imprisonment and/ or fine of taka 50,000 under the Breast-Milk Substitute (Regulation
of Marketing) Ordinance, 1984, if any person makes, exhibits, distributes, displays or publishes
any advertisement promoting the use of any breast-milk substitute or implying or designing to
create the belief or impression that breast-milk substitute is equivalent or superior to breast-milk
feeding.
l Other Measures of punishments: forfeiture of goods or products or commodities or articles;
destruction of goods in question; sale of goods; arrest & detention.
Currently, in Bangladesh majority of the consumers are facing a number of specific problems,
some of them are : adulteration, product inconsistent with price, deceptive advertising,
deceptive packaging and branding, false information about goods and services, cheating in
weights & measures, false date, fraudulent production process and selling etc.
Overlapping of the laws is a problem for Bangladesh to implement measures against criminality
associated with violation of consumer rights. Different Laws on the same subject, different types
of punishment for the same offence under different Laws, court fees for filing a suit for
compensation, delay in proceedings, investigation procedure left to the police instead of
independent authorities, lack of monitoring mechanism have been observed by experts as
potential impediments to enforcement. On the other hand, there are some controversial and
conventional laws in existence in our country. These laws are so outdated that little or no
protection is provided to the consumer's interests.
In the light of above, it is critically important to focus on how best to apply the relevant laws to
protect consumers' interest. Some of the steps in this direction could be:
—Educating the consumers;
—Establishing a separate court for addressing consumers' specific complaints;
—Enacting a law with all provisions to promote and protect the rights of a consumer and repeal
the backdated laws or provisions thereof;
—Taking effective measures of fair pricing and quality products by establishing market-control
authorities;
—Monitoring prices of essential commodities, checking standards of various articles and
ensuring safety products to the consumer;
—Constituting a 'consumers' complaint redress authority';
—Exempting consumers of court fees for filing a suit on the protection of consumer rights
—Allowing individual consumers to lodge complaint directly with the police or criminal Court;
—Giving exact definition of various products;
—Increasing the involvement of civil society organisations;
—Increasing mobile court operations etc.