BUSINESS LAW

Mubasher Nazir
Recommended Books :
Mercantile law by Khawaj Amjad Saeed
Business law by Khalid Mehmood Cheema

Free Consent

Coercion
Undue

influence

Fraud
Misrepresentation
Mistake

Coercion
Committing

or Threatening to Commit
Act forbidden by PPC
OR

Detaining

or Threatening to Detain
Any Property

Coercion
Threat

to Third Person
Enforcement of PPC
Effects

of Coercion

Voidable
Repayment of Benefits
No cancellation : Valid Contract

Coercion
Burden

of Proof

Undue Influence

Relation between parties

Dominate the will

Real or Apparent authority over other

Fiduciary relation
Not perfectly normal

To gain Unfair Advantage

Undue Influence
Exceptions
Burden
Effect

to General Rule

of Proof

of Undue Influence

Concept

of Parda-Nasheen Lady

Fraud
Intention

False

to Deceive

Statement
Concealment of Facts
Intentional Non Performance

Fraud
Silence

as Fraud

Duty to Speak
Silence Equivalent as Fraud

Effects

of Fraud

Sue for damages

Specific Performance
Cancel Contract

Misrepresentation
Unwarranted

Positive Assertion

Breach

of Duty without intent to

Deceive

Induced

Mistake

Misrepresentation
Honestly

believing it as true
Actually untrue
Important in contract formation
Without intention to deceive
Loss to other party
Induced the other party
Effect on contract
Rescind contract
Can accept against review

Misrepresentation
Contracts

of Utmost Good Faith

Fiduciary Relationship
Contract of Insurance
Contract of Purchase of Share
Contract of Sale of Land
Contract of Partnership
Contract of Guarantee
Contract of family Settlement

 Expiration

of Right of
Cancellation
Affirmation
Restitution not possible
Time Lapse

Mistake

Mistak
e of
Fact
BiLateral
Mistake

UniLater
al
Mistake

Mistak
e of
Law

 Bilateral

Both parties at mistake

Critical for Contract formation

Types

Mistake

Relevant
Relevant
Relevant
Relevant

of Bilateral Mistakes

to
to
to
to

Existence of subject matter

Identity of subject matter
Quantity
Quality

 Unilateral

Mistake

Mistake of One party

 Mistake

of Law

Pakistani Law
Foreign Law