Law is basically a set of rules that are created and enforced by a particular country or community through social or governmental institutions to regulate the actions of its members. There are five types of legal system i.e. civil law; common law; customary law; religious law and mixed law.
What does substantive law mean?
Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common law substantive right.
What is the difference between an act of Parliament and a law?
An Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch. Taken together, Acts of Parliament make up what is known as Statute Law in the UK.
What is the difference between procedural law and substantive law?
Substantive law establishes the rights and obligations that govern people and organizations; it includes all laws of general and specific applicability. Procedural law establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law.
What is the effect of a mistake of law under s 21?
A contract entered into under a mistake of law of both parties falls under s 21 and not s 72. If a mistake of law had led to the formation of a contract, s 21 enacts that the contract is not for that reason, voidable.
Are there two types of mistakes as to law?
There may be two kinds of mistake- mistake of law, and mistake of fact. The exact demarcation between law error and factual error is often blurred and hard to determine. For example, the position is even less clear where the parties have to act on the interpretation of private written document rather than an enactment or statutory regulation.
When is a contract made under a mistake of law?
A contract made under a mistake of law of parties falls under s 21 and not under s 72 of the Contract Act and s 72 deals with cases where money is paid by a mistake or under coercion.
Can a mistake of Indian law make a contract voidable?
Section 21 provides that a mistake of law in force in India does not make a contract voidable, but a mistake of foreign law is to be treated as a mistake of fact. Illustration– A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Indian Law of Limitation, then the contract will not be voidable.
