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Judiciary

Burden of Proof

General principles: Art. 117, of Q.S.O 1984 lays down general principle that any person who comes to the court and seeks its judgment dependent upon existence of the fact, then he has to prove those facts. In other words he who asserts…

Estoppel

ESTOPPEL: Definition: According to Art 114 of Q.S.O 1984. Estoppel is “When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such…

Judicial Reforms in Pakistan

Judicial Reforms Pakistan is going through the most tumultuous phase of its history. The country is facing existential threat not only from “without” but also from “within”. Besides security threat, the political system is collapsing as…

Duress or Coercion in Contract

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

Remedies for Breach of Contract

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

Discharge of Contract by Frustration

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