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2. List all the primary assumptions of a legal system.

Ans:-Any legal system is premised upon the following primary assumptions as


a foundation:
a) Sovereignty: Law making power is a matter of sovereign prerogative. As a
result, the writ of sovereign authority runs throughout wherever sovereign
power exercises authority. Beyond its authority, the sovereign cannot
regulate a subject matter through legal intervention.
b) Territorial Enforcement: Any law in real world context can only be
subjected to predetermined territorial enforcements. There are some
exceptions to this. The sovereign authority could join extra territorial
jurisdiction in case of criminal law. This indicates that the sovereign authority
can initiate prosecution, even if the crime is committed beyond the limits of
the territory.
c) Notion of property: The obtaining premise of the legal response considers
property as tangible and physical. In the cyber context, property in the
form of digitized services or goods poses serious challenges to this legal
understanding.
d) Paper-based transaction: Obtaining legal response considers and
encourages people to create and constitute legally binding relationships on
the basis of paper- based transactions. Although the word document under
law takes within its fold material other than paper also. Since in cyber
context, digital or electronic record forms the basis of electronic transactions.
Hence, the transactions are on the basis of electronic records.
e) Real relationships: Legal response considers relationships quite often. In
view of connectivity, pace and accuracy as to transmission, in the cyber
context, these relationships acquire unique distinction of virtual character. In
case of trade and commerce, commercial transaction in the form of contracts
constitutes the foundation of legal relationship.
5. How is a professional code distinguished ?
Ans:- The professional code is divided into three types, and they are:
a) Code of ethics: Code of ethics is more aspirational (aim). They are mission
statements stressed the professional objectives and vision.
b) Code of conduct: Code of conduct is oriented towards the professionals
attitude. They make clear the issues at risk in different specialized fields.
c) Code of practice: Technical document on health and safety issue approved
by government minister. It provides practical guidance on way to achieve

agreement with OMC (Order Management Cycle) legislation. The


disadvantage is that there is no direct scheme of enforcement.
6. Discuss the essentials of a valid contract.
Ans:- The essentials of a valid contract are:
1) Intention with which the contract is created: The intention to create a
contract should be clear otherwise, it will be treated as invalid.
2) Offer and acceptance: A contract ceases to exist without an offer. An
acceptance will be deemed to be complete when both the parties are in
conscience with each other.
3) Consideration: A consideration may consist sometimes in the doing of a
requested act, and sometimes in the making of a promise by the offered.
4) Capacity to enter into contract: A person can enter into a contract only
after he has attained an age of majority and is not debarred by law for doing
any unlawful activity.
5) Free consent of the parties: When consent is attained by fraud or
misrepresentation, the agreement can become void at the consent of the
party who was forced to enter into such an agreement.
6) Lawful object of the agreement: If an object is unlawful, the agreement will
be treated as v

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