Civil Judge Examination Civil Law-I Syllabus

Civil Law-I syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Civil Law-I in Civil Judge Examination, not a summary of it.

1. 1

   Contract Act, 1872

   5 topics

   • Formation of Contract
   • Void and Voidable Agreements
   • Performance and Discharge of Contracts
   • Remedies for Breach
   • Special Contracts
2. 2

   Specific Relief Act, 1877

   5 topics

   • Recovery of Possession of Property
   • Specific Performance of Contracts
   • Rectification and Cancellation of Instruments
   • Declaratory Decrees
   • Preventive Relief and Injunctions
3. 3

   Limitation Act, 1908

   4 topics

   • Computation of Limitation Period
   • Condonation of Delay
   • Legal Disability and Acknowledgment
   • Adverse Possession and Acquisition of Easements
4. 4

   Guardian and Ward Act, 1890

   4 topics

   • Appointment of Guardian of Person and Property
   • Welfare of the Minor
   • Custody and Visitation
   • Powers and Duties of Guardian
5. 5

   Muslim Family Laws

   4 topics

   • Muslim Family Laws Ordinance, 1961
   • Dissolution of Muslim Marriages Act, 1939
   • Dower and Maintenance
   • Family Courts Act, 1964
6. 6

   Tenancy and Rent Laws

   2 topics

   • Punjab Rented Premises Act, 2009
   • Rent Tribunal Procedure

Civil Law-I flashcards for Civil Judge Examination

21 of 63 cards from the Civil Law-I deck — real questions with worked answers.

1. Under the Contract Act 1872, what is the statutory definition of a 'contract'?

   A contract is an agreement enforceable by law (Section 2(h)). It requires an agreement plus enforceability by law.

2. What distinguishes an 'agreement' from a 'contract' under the Contract Act 1872?

   An agreement is every promise and set of promises forming consideration for each other (Sec 2(e)); a contract is an agreement enforceable by law (Sec 2(h)). All contracts are agreements, but not all agreements are contracts.

3. List the essential elements of a valid contract under Section 10 of the Contract Act 1872.

   Free consent of competent parties, lawful consideration, lawful object, and the agreement not being expressly declared void.

4. What is an 'offer' (proposal) under Section 2(a) of the Contract Act 1872?

   When one person signifies to another his willingness to do or abstain from doing something, with a view to obtaining the assent of that other to such act or abstinence.

5. Under Section 4 of the Contract Act, when is communication of a proposal complete?

   When it comes to the knowledge of the person to whom it is made.

6. Under Section 4, when is communication of acceptance complete against the proposer and against the acceptor?

   Against the proposer: when it is put into a course of transmission so as to be out of the acceptor's power. Against the acceptor: when it comes to the knowledge of the proposer.

7. What is 'consideration' under Section 2(d) of the Contract Act 1872?

   When, at the desire of the promisor, the promisee or any other person does, abstains from doing, or promises to do or abstain from doing something; such act, abstinence or promise is the consideration.

8. State the general rule and key exceptions of Section 25 (agreement without consideration).

   An agreement without consideration is void, except: (1) natural love and affection between near relations in writing and registered; (2) compensation for past voluntary services; (3) a written promise to pay a time-barred debt.

9. Who is competent to contract under Section 11 of the Contract Act 1872?

   A person who is of the age of majority, of sound mind, and not disqualified from contracting by any law to which he is subject.

10. What is the legal effect of a minor's agreement under the Contract Act (per Mohori Bibee v. Dharmodas Ghose)?

    A minor's agreement is void ab initio; it cannot be ratified on attaining majority and the minor cannot be compelled to perform.

11. Define 'free consent' under Section 14 of the Contract Act 1872.

    Consent is free when not caused by coercion, undue influence, fraud, misrepresentation, or mistake.

12. What is 'coercion' under Section 15 of the Contract Act?

    Committing or threatening to commit any act forbidden by the Pakistan Penal Code, or unlawfully detaining or threatening to detain property, to cause a person to enter into an agreement.

13. What is 'undue influence' under Section 16 of the Contract Act?

    Where the relations between parties are such that one is in a position to dominate the other's will and uses that position to obtain an unfair advantage.

14. Distinguish 'fraud' (Sec 17) from 'misrepresentation' (Sec 18).

    Fraud involves an intentional false statement or active concealment made to deceive; misrepresentation is an innocent false statement made without intent to deceive. Fraud makes the contract voidable and may give a damages claim; innocent misrepresentation makes it voidable only.

15. What is a 'void agreement' under Section 2(g) of the Contract Act?

    An agreement not enforceable by law is void; it has no legal effect from the beginning.

16. What is a 'void agreement' versus a 'voidable contract' under the Contract Act?

    A void agreement (Sec 2(g)) is not enforceable by law from the start; a voidable contract (Sec 2(i)) is enforceable at the option of one or more parties but not at the option of the other(s).

17. Name three categories of agreements expressly declared void by the Contract Act.

    Agreements in restraint of marriage (Sec 26), in restraint of trade (Sec 27), and in restraint of legal proceedings (Sec 28). Also wagering agreements (Sec 30) and agreements with unlawful/uncertain object.

18. When is consideration or object of an agreement unlawful under Section 23?

    When it is forbidden by law; defeats the provisions of any law; is fraudulent; involves injury to person or property; or the court regards it as immoral or opposed to public policy.

19. What is the effect of a mistake as to a matter of fact under Section 20?

    Where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void.

20. What is the rule regarding mistake of law under Section 21?

    A contract is not voidable because it was caused by a mistake as to any law in force in Pakistan; but a mistake as to a foreign law is treated as a mistake of fact.

21. What is a wagering agreement and its status under Section 30?

    An agreement to pay money or money's worth on the happening or non-happening of an uncertain event, where parties have no interest other than the stake. Such agreements are void.

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