2. Law is different to different people.
CITIZEN: set of rules
LEGISLATOR: something created by
him.
JUDGE: guiding principles to be
applied in making decisions.
Therefore, its difficult to give a single,
accurate definition of law.
Code of conduct / Set of rules.
3. TYPES OF LAW
1. CIVIL LAW
2. CRIMINAL LAW
3. MERCANTILE LAW
4. ADMINISTRATIVE LAW
5. INTERNATIONAL LAW
6. CONSTITUTIONAL LAW
4. LAW
Includes all the rules and principles
which regulate our relations with
other individuals and with the state.
Rules of conduct, if recognised by the
state and enforced by it on people
are termed as law.
5. ACCORDING TO SALMOND
“ law is the body of principles
recognised and applied by the state
in the administration of justice.”
Law is not a static.
Law changes to fit the requirements of
the society.
6. OBJECT OF LAW
To establish socio-economic justice
and remove the existing imbalance in
the socio-economic structure.
“ignorantia juris not excusat” means
ignorance of law is no excuse.
7. MERCANTILE/ COMMERCIAL/
BUSINESS LAW
Mercantile Law:
is that branch of law which governs
and regulates trade and commerce.
The aggregate body of those legal
rules which are connected with trade
, industry and commerce.
It deals with contractual situations
and the right and obligations arising
out of mercantile transactions
between mercantile persons.
9. SOURCES OF MERCANTILE
LAW
1. English Mercantile Law
(a) Common law
(b) Principles of equity- based on equity,
justice and good conscience.
Other sources of English Mercantile Law
(a) Law merchant or Maritime usages or Lex
Mercatoria
(b) Roman Law
(c) Case law
10. SOURCES OF MERCANTILE
LAW
2. Statue Law – act of Indian
legislature
act passed are
Indian Contract Act, 1872.
Negotiable Instrument Act etc
3.Judicial decisions or the system of
precedents– past judicial decisions of
courts
4. Customs and Usages– guide the
courts in deciding disputes arising
out of mercantile transactions
11. ELEMENTS OR
CHARACTERISTICS OF LAW
Law is a body of rules
Law is for the guidance or conduct of
persons- both human and artificial.
Law is imposed on the members.
Law is enforced by punishment
Law is not static
13. PUBLIC LAW
1. Constitutional Law– determines the nature of
state and structure of the government
2. International Law
3. Administrative Law– functions, powers of the
organs of the government.
4. Criminal Law – deals with various offences &
punishment and their prevention ways
5.Municipal Law– relationship between individual
and their organisation within a state.
14. PRIVATE LAW / CIVIL LAW
1. Law of contract
2. Law of tort
3. Law of property– legal right to use,
possess, enjoy & dispose of a thing
4. Family law
5. Mercantile law