Contracts: Breach of Contract and Remedies

Introduction

Most Common Remedies:

§ Damages.

§ Rescission and Restitution.

§ Specific Performance.

§ Reformation.

§ Recovery Based on Quasi Contract.

Damages

Compensatory Damages—direct losses.

§ Sale of Goods: difference between contract and market price.

§ Sale of Land: specific performance.

§ Construction Contracts: varies.

Consequential (Special) Damages—foreseeable losses.

§ Breaching party is aware or should be aware, because the injury party additional loss.

Case 17.1: Hadley v. Baxendale (1854).

Punitive Damages—punish or deter future conduct.

§ Generally not available for mere breach of contract.

§ Usually tort (e.g., fraud) is also involved.

Nominal Damages—no financial loss.

§ Defendant is liable but only a technical injury.

Mitigation of Damages

When breach of contract occurs, the innocent injured party is held to a duty to reduce the damages that he or she suffered.

Duty owed depends on the nature of the contract.

Case 17.2: Fujitsu Ltd. v. Federal Express Corp. (2001).

Liquidated Damages

Liquidated Damages.

§ A contract provides a specific amount to be paid as damages in the event of future default or breach of contract.

Penalties.

§ Specify a certain amount to be paid in the event of a default or breach of contract and are designed to penalize the breaching party.

Case 17.3:   Green Park Inn v. Moore (2002).

Rescission and Restitution

Rescission.

§ A remedy whereby a contract is canceled and the parties are restored to the original positions that they occupied prior to the transactions.

Restitution.

§ Both parties must return goods, property, or money previously conveyed.

Note: Rescission does not always call for restitution. Restitution is called for in some cases not involving rescission.

Specific Performance

Equitable remedy calling for the performance of the act promised in the contract.

Remedy in cases where the consideration is:

§ Unique (land);

§ Scarce; or

§ Not available remedy in contracts for personal services.

Reformation

Equitable remedy allowing a contract to be reformed, or rewritten to reflect the parties true intentions.

Available when an agreement is imperfectly expressed in writing.

Recovery Based on Quasi Contract

Equitable theory imposed by courts to obtain justice and prevent unjust enrichment.

Party seeking quantum meruit must show the following:

§ A benefit was conferred to the other party.

§ Party conferring did so with the reasonable  expectation of being paid.

§ The benefit was not volunteered.

§ Retaining benefit without paying for it would result in unjust enrichment of the party receiving the benefit.

Election of Remedies

Doctrine created to prevent double recovery.

Non-breaching party must choose which remedy to pursue.

UCC rejects election of remedies.

§ Cumulative in nature and include all the available remedies for breach of contract.

Waiver of Breach

A pattern of conduct that waives a number of successive breaches will operate as a continued waiver.

Non breaching party can still recover damages, but contract is not terminated.

Non-breaching party should give notice to the breaching party that full performance will be required in the future.

Contract Provisions Limiting Remedies

Exculpatory clauses. 

§ Provisions stating that no damages can be recovered.

Limitation of liability clauses.

§ Provisions that affect the availability of certain remedies.

Minerals

MINERALS 
A mineral is an inorganic substance formed naturally. They are infact building blocks from which rocks are made and they may form 
crystals. 
Minerals  are  produced  by  the  physical  force of  the  earth.  They  are  the  basic  units  of rocks.  Every  rock  can  be  considered  as  the accumulation  of  minerals.  Geologists classify  rock  principally  according  to  the  way which  they  are  formed,  not  according  to  their composition as most rocks consist of two or more than two different minerals. As rocks are formed by minerals, therefore there are three kinds of rocks igneous, sedimentary and metamorphic. 

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Efforts to control acid rain

Efforts to control acid rain
Acid rain can best be curtailed by reducing the amount of sulfur dioxide and nitrogen oxides released by power plants, motorized  vehicles, and factories. The simplest way to cut these emissions is to use less energy from fossil fuels. Individuals can help. Every time a consumer buys an energy-efficient appliance, adds insulation to a house, or takes a bus to work, he or she conserves  energy and, as a result, fights acid rain. 

Another way to cut emissions of sulfur dioxide and nitrogen oxides is by switching to cleaner-burning fuels. 

Acid Rain and Effects

NTRODUCTION 
Acid Rain, form of air pollution in which airborne acids produced by electric utility plants and other sources fall to Earth in distant regions. The corrosive nature of acid rain causes widespread damage to the environment.
The problem begins with the production of sulfur dioxide and nitrogen oxides from the burning of fossil fuels, such as coal, natural gas, and oil, and from certain kinds of manufacturing. Sulfur dioxide and nitrogen oxides react with water and other chemicals in the air to form sulfuric acid, nitric acid, and other  

Rain

INTRODUCTION
Rain,  precipitation  of  liquid  drops  of  water.
Raindrops  generally  have  a  diameter greater  than  0.5  mm  (0.02  in).  They  range in size  up  to  about  3  mm  (about  0.13  in) in  diameter,  and  their  rate  of  fall increases, up  to  7.6  m  (25  ft)  per  sec  with  their size. Larger drops tend to be flattened and broken into smaller drops by rapid fall through the air. The precipitation of smaller drops, called drizzle, often severely restricts visibility but usually does

Cloud

I -INTRODUCTION 
Cloud, condensed form of atmospheric moisture consisting of small water droplets or tiny ice crystals. Clouds are the principal visible phenomena of the atmosphere. They represent a transitory but vital step in the water cycle, which includes evaporation of moisture from the surface of the earth, carrying of this moisture into higher levels of the atmosphere, condensation of water vapor into cloud masses, and final return of water to the surface as precipitation.

Weather

 I -INTRODUCTION:
Weather, state of the atmosphere at a particular time and place. The elements of weather include temperature, humidity, cloudiness, precipitation, wind, and pressure. These elements are organized into various weather systems, such as monsoons, areas of high and low pressure, thunderstorms, and tornadoes. All weather systems have well-defined cycles and structural features and are governed by the laws of heat and motion. These conditions are studied in meteorology, the science of weather and weather forecasting.

BA-LLB Handout Notes

BA-LLB Handout Notes
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Atmosphere

ATMOSPHERE 
Atmosphere,  mixture  of  gases  surrounding  any celestial  object  that  has  a  gravitational  field strong  enough  to  prevent  the  gases from escaping;  especially  the  gaseous  envelope  of Earth.  The  principal  constituents  of  the atmosphere  of  Earth  are  nitrogen  (78 percent)  and  oxygen  (21  percent).  The  atmospheric gases  in  the  remaining  1  percent  are  argon (0.9  percent),  carbon  dioxide (0.03  percent), varying  amounts  of  water  vapor,  and  trace

The Earth and major structural components of earth

EARTH 
The third farthest planet from the sun is earth. The earth rotates on its axis in about 24 hours.
The diameter of earth is 12756 km.The earth completes its rotation along its axis in 23.9 hour and one tip along its orbit in 365 days,6 hours and 9 minutes and 9.4 seconds. The orbit of the earth is not a circle but an ellipse. 
STRUCTURE OF THE EARTH 
The earth has four major structural components. 
1. The Crust 2.The Mantle 3.The Outer core 

The Sun

THE SUN 
The sun is the most significant star for the existence and life of living beings on earth. The whole life on earth depends on this brightest object in the sky. The living things get their energy from sun and the appropriate distance of earth from sun maintains an  appropriate temperature which is ideal for the survival of all the life present on earth. 
The sun is the principle source of energy for all the planets of the solar systems .Through a

Solar System

SOLAR SYSTEM 
The solar system includes nine planets and sun being at the centre. All the planets revolve around the sun .The solar system also includes the asteroids, meteors and numerous comets. All of these travel around the sun in a particular orbit
The planets which are the significant part of the solar

Galaxy and Classes of galaxy

GALAXY 
Galaxy is a huge number of stars groupedtogether. The term galaxy can also be described as a collection of dust, gas and stars measuring thousands of parsecs across.Galzxy contains 10000million stars and looks like a disc with a fat centre and spiral arms. From the front it looks like a convex lens‘s 

Classes of galaxy

Two broad classes of galaxy are there.

Big Bang Theory about the universe

UNIVERSE 
The BIG BANG THEORY about the universe is the most widely acceptable theories with regard to the origin of the universe. According to the big bang, the universe was created sometime between 10 billion and 20 billion years ago from a cosmic explosion that hurled matter and in all directions. All the galaxies were formed from this matter. Observations of these galaxies show that they are still moving apart from each other.
The universe is expanding Some scientists have

Impact of science on society

IMPACT OF SCIENCE ON SOCIETY 
Science is the organization of knowledge in such a way that it commands the hidden potential in nature. This hidden potential is surfaced out by the subject of science through the process of understanding. Science has proved to be of enormous beneficial nature .It has made lasting impact on regarding each and every field of human existence. Whether it is concerned with our day to day lives or whether it is related with the various modern developments which have resulted in elevating the living standards of the individuals.

Contribution of Muslim Scientists.

MUHAMMAD BIN MUSA AL KHWARZIMI
Made lasting contributions in the fields of Mathematics, Astronomy, Music, Geography and History. He composed the oldest works on Arithmetic and on Algebra. The oldest Mathematic book composed by him is "Kitab ul jama wat tafriq" He is the first person who used zero and wrote"Hisab ul jabr Wal Muqabla" which is conceived to be an outstanding work on the subject which included analytical solutions of linear and quadratic equations. In the field of Astronomy he compiled his own tables which formed the basis of later astronomical pursuits in both East and West. He also contributed in the field of geographical science by writing a noteworthy book KItab ul Surat al ard. In
Arabic. His book ―kitab al Tarik" is also a memorable work regarding history. 

AL BERUNI
Born in Afghanistan Beruni made original important contributions to science. He is conceived to be the most prominent scientists of the Islamic world who wrote around 150 books on various significant subjects concerning human existence. These subjects include Mathematics, History, Archeology, Biology, Geology, Chem is try, Religion etc. He discussed the behavior of earth, moon, and planets in his book "Qanoon Almasudi" which is also considered as an outstanding astronomical encyclopedia. He also discovered seven different ways of finding the directions of north and south and discovered mathematical techniques to determine exactly the beginning of the seasons. Another notable discovery he made was that the speed of light is faster than sound .His wide range of scientific knowledge is also revealed through his books" kitab al saidana" and "kitab al jawahar" dealing with medicine and the types of gems their gravity respectively. He was a prolific writer whose works showed his versatility as a scientist.

AL RAZI
The famous philosopher and a notable surgeon of the Muslim world, Zakriya Al Razi was born in Ray near modern Theran Iran. His eagerness for knowledge lead him to the study of Alchemy and Chemistry, philosophy, logic, Mathematics and Physics. He was a pioneer in many areas of medicine and treatment of health sciences in general, and in particular he worked alot in the fields of paeditrics, obsterics and ophthalmology. 
Al razi was the first person to introduce the use of Alcohol for medical purposes and opium for the objective of giving anesthesia to his patients. In the field of ophthalmology too Al razi gave an account of the operation for the extraction of the cataract and also the first scientist to discover the effect of the intensity of light on the eye. The modern studies confirm his understanding on the subject thus making him a great physician of all the times. 

ABU ALI IBN E SINA
Endowed with great powers of absorbing and retaining knowledge this Muslim scholar also made valuable contributions to the field of science. He is considered to be the founders of Medicine and also added his great efforts to the fields of Mathematics, Astronomy,  Medicinial Chemistry, Philosophy, Palae ontology and Music. His most famous book is "Al Qannun" which brings out the features of human physiology and medicine. 
Sina is also considered as a father of the science of Geology on account of his invaluable book on mountains in which he discussed matters relating to earth's crust and gave scientific reasons for earthquakes. He is the author of 238 books which are fine instances of his thoughts regarding various subjects in diverse ways. 

JABIR BIN HAYAN
Introduced experimental research in chemical science which immensely added its rapid development and made him the Father of Chemistry. He devised methods for preparation of important chemicals like hydrochloric acid, nitric acid, and white lead. 
Jabir's work also deal with the refinement of metals ,preparation of steel, dyeing of cloth and leather, use of magnese dioxide in glass making, distillation of vinegar to concentrate acetic acid. Jabir also explained scientifically two principle functions of chemistry, i.e., calcination, and reduction and registered a marked improvement in the methods of evaporation, sublimation, distillation and crystallization 
He wrote more than 100 books which are one of the most outstanding contributions in the field of science especially the chemical science. 

ABDUL HASSAN IBN AL HAITHAM
One of the  most outstanding Mathematicians, Physiologists, and Opticians of Islam. He contributed to the realms of medicine and philosophy. He wrote more than 200 scientific works on diverse subjects. Haitham examined the refraction of light rays through transparent  objects including air and water. Infact he was the first scientist to elaborate two laws of reflection of light He made a number of monumental discoveries in the field of optics ,including one which locates retina as the seat of vision. His book on optics "Kitab Al Manazir" vividly shows his grip on the subject. 
He constructed a pinhole camera and studied formation of images .Due to his noteworthy contributions he is regarded as one of the prolific Muslim scientists of all times. 

OMAR AL KHAYAM
He was an outstanding Mathematician and Astronomer. He was also known as a poet, philosopher and a physician. He travelled to the great centers of learning of the era i.e. Samrakund, Bukhara, and Ispahan.He classified many algebraic equations based on their complexity and recognized thirteen different forms of cubic equation. He also classified algebraic theories of parallel lines. On the invitation of Sultan Jalal-ud- Din, he introduced the Jilali calendar which has an error of one day in 3770 years. He also developed accurate methods for determination of gravity as a poet too, he is known for his Rubaiyat.He made great contributions in the development of mathematics and analytical geometry which benefitted Europe several years later. 

NASIR UD DIN TUSI
Al tusi was one of the greatest scientists, Mathematicians, Astronomers, Philosophers, Theologians and physicians of his time. He was a prolific writer and wrote many treatises on varied subjects like Algebra, Arithmetic, Trignometry, Geometery, Logic, Met aphy sics, medicine, ethics and Theology. He served as a minister of Halaku Khan and persuaded him to establish an observatory and library after the destruction of Baghdad. He worked at the observatory and prepared precise tables regarding the motion of the planets. These are also known as "Tables of Khan" 

ZIA UD DIN IBN BAITAR
Was a famous botanist and pharmacopeias of middle ages. Because of his intensive travels, he was able to discover many plant  species. He wrote many books regarding his field of specialty and is always considered as a prominent scientist among his Muslim  counterparts

Nature of Science

Definition
Science can be defined as study "mainly concerned with the phenomenon of physical universe any or all of natural sciences or biological sciences. Or Science as the "the field of study which attempts to describe and understand the nature of the universe in whole or part." 
Science is the faculty to reason out the how and why of the things as they occur in the phenomenal world or the

Common Intention and common object

Common Intention

 Section 34 of the pakistan penal code deals with constructive criminality i.e., liability of all for acts done by one or   more. This section was introduced in order to meet the cases in which it may be difficult to apportion the liability of each member according to his participation in the commission of the crime. Since it is difficult to distinguish precisely the part taken by each member of a group, it was thought necessary to declare all the persons equally liable for the acts done. SEction 34 does not create a distinct offence, it only lays down the principle of joint criminal liability. So it is a rule of evidence only and does not create a substantive offence.

The words “furtherance of common intention “have been the subject of much discussion amongst the lawyers and  conflicting interpretations have been put forth.

 One common agreed point has, however, been that furtherance of commonly design is the condition precedent for joint liability under section 34. The words common intention means unity of purpose or a pre-arranged plan.

RIGHT OF PRIVATE DEFENCE OF BODY

RIGHT OF PRIVATE DEFENCE OF BODY :

 Section 97 lays down that every person has a right, subject to the restrictions contained is Section 99, to defend his own body and the body of any other person, against any offence affecting the human body. Section 102 of the Code provides that the right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence the offence though, the offence may not have been committed; and it commences as long as such apprehension of danger to the body continues. It is clear from the wording of the section that the right commences and continues as long as danger to body lasts. The extent to which the exercise of the right will be justified will depend not on the actual danger but on whether there was reasonable apprehension of such danger. There must be an attempt or threat, and consequent thereon an apprehension of danger, but it should not be a mere idle threat. There must be reasonable ground for the apprehension.

 The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant if the offence occasioning the exercise of the right be of any of the following descriptions, viz.,

 (i) an assault" causing reasonable apprehension of death-even injury to innocent persons in private defence against an assault is excusable,

 (ii) assault causing reasonable apprehension of grievous hurt;.

 (iii) assault with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting or wrongfully confining a person causing reasonable apprehension that he will not be able to have recourse to the public authorities for his release.

 For the purpose of exercising the right of private defence physical or mental incapacity of the person against whom the right is exercised is no bar.There is, however, no right of private defence:

 (1) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant or by the direction of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by law;

 (2) in cases in which there is time to have recourse to the protection of the public authorities ;

 (3) nor does the right of private defence extend to the inflicting of more harm than it is necessary to inflict for the purpose of defence. (S. 99).The measure of defence must bear proportion to the quantum of force used by the attacker and which it is necessary to repeL Thus where the accused who was attacked by another with a Kirpan succeeded in disarming his opponent by taking away hls weapon and showered blows after blows including the serious ones on the chest, it was held that he must be held to have exceeded the right of self defence and was guilty under section 304, part 1 of pakistan penal code.

 An act done in exercise of the right of private defence is not an offence and does not, therefore, give rise to any right of private defence in return. The right is not available in respect of anticipated action. Defensive action is justified only when positive overt act of damage or harm is set in motion. The law does not confer a right of self-defence on a man who goes and seeks an attack on himself by his own threatened attack on another' -an'attack which was likely to end in the death of the other.The right of self-defence conferred- by the law or Preserved by the law for an individual is a very narrow and circumscribed right and can be taken advantage of only when the circumstances fully justify the exercise of such a right.

What is an act excusable on the ground of its being done by accident or misfortune ? Cite illustrations.

ACCIDENT IN DOING A LAWFUL ACT :

Section 80 provides that nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. A is at work with a hatchet; the head files off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. The essential ingredients to constitute a justifiable plea ofaccident or misfortune are :

 (1) that the act was done by accident or misfortune ;

 (2) that it was done without any criminal intention ;

 (3) that it was the doing of a lawful act ;

 (4) in a lawful manner;

 (5) by lawful means; and

 (6) with proper care and caution.

 If has been held that where two persons went out to shoot animals and agreed to take up certain position in the jungle and lie in wait, but after a while the accused heard a rustle and believing it to be an animal fired in that direction but the shot killed his companion, the Case was held to be one of pure accident, although the gun used was an unlicensed one. But where the accused was engaged in a fight in which a woman intervened, whereupon the accused aimed a blow at her, but it accidentally killed the infant she was carrying, it was held that the. case was not protected by the provisions of Section 80 as the assault on the woman was a wrongful act.

ATTEMPTS TO COMMIT OFFENCES :
Section 511, lays down that "whoever attempts to commit an offence punishable by this Code with imprisonment for life  or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the  commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt,  be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of  the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence,  with such fine as provided for the offence, or with both.
The points which require proof under the above section are:

(1) that the accused attempted to commit some offence punishable with imprisonment for life or imprisonment; or that he  attempted to cause such an offence to be committed ;
(2) that in attempting to do the above act he did some act towards the commission of the offence.

ILLUSTRATIONS :

(a) A makes an attempt to steal some jewels by breaking open a box and finds after so opening the box, that there is no  jewel in it. He has done an act towards the commission of theft, and therefore is guilty under the above section.

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in  consequence z's having nothing in his pocket. A is guilty of an offence under the above section.

RIGHT OF PRIVATE DEFENCE

Subject to, certain limitations the law gives a right to every person to defend his body or property, or the body or property of another person against unlawful aggression. He may protect his right by his own force or prevent it from being violated. It is a right inherent in a man. But the kind and amount of force is minutely regulated by law. This use of force to protect one's property and person is called the right of private defence.

Plea of compulsion or Necessity.

PLEA OF COMPULSION OR NECESSITY 

The excuse of necessity or compulsion as a defence for an act cannot be pleaded except as provided in Section 94 of  the Pakistan Penal Code. That section lays down that except murder and offences against the State punishable with  death, nothing is an offence which is done by a person who is compelled to do it by threats which, at the time of doing it,  reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the  person doing the act did not, of his own accord, or from a reasonable apprehension of harm to himself short of instant  death, place himself in the situation by which he became subject to such constraint. This section will not, however, save a person who, of his own accord or by reason of a threat of being beaten, joins a gang of dacoits. But if he is seized by a gang of dacoits and forced by threat of instant death to do a thing which is an offence by law. for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it under pain of instant death, will be entitled to the benefit of this section.

It is thus clear from the above that a person is excused from the consequences of any act, except murder and offences  against the State punishable with death, done under fear of instant death ;but fear of hurt or even of grievous hurt is not  a sufficient justification. It has been held that the accused was not entitled to the protection of Section 94 of the Code in  the case where the threat of instant death was present at the beginning or even some time afterwards but did not  continue till the end of the commission of an offence. There must be the apprehension of force upon the person and fear  of death, and this force and fear must continue to be present at the time of the act.

Offences relating to religion.

They are provided in section 295 to 298 of Pakistan penal code , which are as follow:
1. Injuring or defiling a place of worship, or any object held sacred by any class of persons, with intent to insult the religion of any class of persons. (section 295--- punishment upto two years with or without fine)
2. Deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs (section 295-A.... punishment upto three years)

3. Voluntarily disturbing a religious assembly lawfully engaged in the performance of religious worship, or religious ceremonies. ( section 296... punishment upto one year)
4.Trespassing in any place of worship , or burial place, offering any indignity to a human corpse, with intent to wound the feelings or religion of any person. (section 297.... punishment upto one year)
5. Uttering words or making signs with the intention of wounding the religious feelings of any person . section 298 ... punishment upto one year.
6. Using derogatory remarks in respect of the Holy Passenger . Section 298-A.... punishment upto three years or fine or both.

Write a note on the summoning and prorogation of Parliament?

1 The president may from time to time summon either House or both houses of Parliament in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.

2 There shall be at least three session of national assembly every year, and not more than one hundred and twenty days shall intervene between the last sittings of the Assembly in one session at the date appointed for its first sitting in the next session. The National Assembly shall meet for not lass than one hundred and thirty working days in each year. (Art. 54)

Write a note on the summoning and prorogation of Provincial Assembly.

The governor of province may from time to time. Summon the provincial assembly to meet at such time ad place as he think fit and prorogue the provincial assembly. (Art. 109)

Dissolution
the governor shall dissolve the provincial assembly if so advised by the chief minister. When so advised the assembly shall stand dissolved within forty eight hours of the chief minister advice. However, in case a resolution of non confidence against the chief minister has been moved in the provincial Assembly but not yet voted upon by it, his advice to dissolve the Provincial assembly will not be implemented. (Art. 112) A situation has arisen in which the government of province cannot be carried on in accordance with the provinces of the constitution and an appeal to the electorate is necessary.

The governor in the case of the dissolution of provincial assembly under paragraph (b) of clause 2 of article 112 shall within 15 days of the dissolution, refer the matter to the supreme court with the previous approval of the president and the supreme court shall decide the reference within thirty days where decision shall be final.

Election of the chairman and deputy chairman

Election of the chairman and deputy chairman

Before, transacting any business, except the oath taking ceremony, the senate will chose its Chairman and Deputy Chairman among its members. If the office of Chairman or Deputy Chairman becomes vacant, the Senate will elect another member as a Chairman or Deputy Chairman as the case may be.

Oath of the office

It is circumvent upon the Chairman and Deputy Chairman to take an oath before the Senate before entering upon their offices in the form set out in the Third Schedule.

 Vacancy in the office

The office of the Chairman or Deputy Chairman may become vacant if. 

1). He resigns his office, 

2). He ceases to be a member of the senate, 

3). He is removed from the office.

Duties of the Chairman

The duties of the Chairman are the same as of the Speaker. Further he is to act as President of the State when the office of President is vacant, or the President is absent or is unable to perform his functions due to any reason. Chairman or Deputy Chairman is not provided at a meeting of Senate when a resolution for his removal is being considered.

Term of office

The term of office of the Chairman or the Deputy Chairman is three year from the day of on which he enters upon his office.

Resignation

The Chairman can resign his office by writing under his hand addressed to the President. The resignation of the Deputy Chairman is to be addressed to the Chairman.

Relation between the National Assembly and the Senate

Relation between the National Assembly and the Senate

The National Assembly has been granted more power than the powers granted to the Senate. 

Responsibility

The Executive is collectively responsible only to the National Assembly and not to the Senate. 

Sole Body

The national assembly is the sole body to vote upon the demand for grants of money. 

Money bills can be introduced

Money bills can be introduced only in the National Assembly.  
Conclusion

In this way the senate has practically no powers over the money bills.

The Federal Shariat Court of Pakistan

The Federal Shariat Court

The Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Justice Agha Rafiq Ahmed Khan is the current Chief Justice of the court. Of the 8 judges, 3 are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President.

Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately.

The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.

Supreme judicial council of Pakistan and describe its power and composition of Supreme judicial council of Pakistan

Supreme judicial council

The article 209 has been examined by the Supreme Court of Pakistan - The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan to hear cases of misconduct against judges.

Composition

The composition of the Council is set out in the constitution as: The Chief Justice. The two next most senior judges of the Supreme Court of Pakistan. The two most senior Chief Justices of the provincial High Courts

Where the council is investigating a member of the council he is replaced by the next most senior judge.

Powers

No judge in Pakistan may be dismissed except by the Supreme Judicial Council. The Council may start proceedings against a judge either by its own initiative or by reference from the President of Pakistan.

If the Council concludes that the judge is guilty of misconduct and should be removed from office they can recommend this to the President.

According to Article 209 

(1). There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.

(2). The Council shall consist of, 

(a) the Chief Justice of Pakistan, 

(b) the two next most senior Judges of the Supreme Court; and, 

(c) the two most senior Chief Justices of High Courts.

Explanation - For the purpose of this clause, the inter seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then, 

(a)if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph 

(b) of clause 

(2), and

(b) If such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority among st the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.

(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.

(5) If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court- 

(a) may be incapable of property performing the duties of his office by reason of physical or mental incapacity; or

(b) May have been guilty of misconduct, the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.

(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion, 

(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and, 

(b) that he should be removed from office, the President may remove the Judge from office.

(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.

(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.

Contracts: Performance and Discharge

Introduction

How does a party know when his or her obligations under the contract are at an end?

A party may be discharged from a valid contract by:

§ A condition occurring or not occurring.

§ Full performance or material breach by the other party.

§ Agreement of the parties.

§ Operation of law.

Conditions

Possible future event, the occurrence or nonoccurrence of which will trigger the performance of a legal obligation or terminate an existing obligation under a contract.

Types of Conditions:

§ Conditions Precedent.

§ Conditions Subsequent.

§ Conditions Concurrent.

•    Express.

•    Implied in Fact.

•    Implied in Law.

Discharge by Performance

The contract comes to an end when both parties fulfill their respective duties by performing the acts they have promised.

Types of Performance:

§ Complete Performance.

§ Substantial Performance (minor breach).

§ Performance to the Satisfaction of One of the Parties or a Third Party.

Case 16.1: Jacobs & Young v. Kent (1921).

Material Breach of Contract

Breach of Contract - the nonperformance of a contractual duty.

Material breach occurs when there has been a failure of consideration.  Discharges the non breaching party from the contract.

In a non-material breach, the duty to perform is not excused and the non-breaching party must resume performance of the contractual obligations undertaken.

Case 17.2: Van Steenhouse v. Jacor   Broadcasting of Colorado, Inc.  (1998).

Anticipatory Repudiation

If before performance is due, one party refuses to perform his or her contractual obligation.

Results in material breach.

The nonbreaching party should not be required to remain ready and willing to perform when the other party has repudiated the contract.

The nonbreaching party should have the opportunity to seek a similar contract elsewhere.

Time for Performance.

Case 16.3:  Manganaro Corp v. Hitt Contracting Inc.(2002).

Discharge by Agreement

Discharge by Rescission.

Discharge by Novation.

§ Previous Obligation.

§ All parties agree to new contract.

§ Extinguishment of old obligations.

§ New Contract Formed.

Discharge by Substituted Agreement.

Accord and Satisfaction.

Discharge by Operation of Law

ü Alteration of The Contract.

ü Statutes of Limitations.

ü Bankruptcy.

ü  Impossibility or Impracticability. à

Impossibility or Impracticability of Performance

Objective Impossibility of Performance.

§ Death or incapacitation prior to performance;

§ Destruction of the Subject Matter; or

§ Illegality in performance.

Commercial Impracticability.

§  Key: Circumstances not foreseeable.

Case 16.4: Cape-France v. Estate of Peed (2001).

ü Frustration of Purpose.

ü Temporary Impossibility.