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