Legal Language and Legal Writing

LEGAL LANGUAGE AND LEGAL WRITING

Calicut University Syllabus

                 By

Sareesh N

1st Semester, III Year Unitary LL.B 2025

Government Law College, Kozhikode 

Calicut University First Semester Syllabus

FIRST SEMESTER LL.B UNITARY CALICUT UNIVERSITY SYLLABUS

CP 01 Law of Contracts

Unit I

Nature of contractual obligation – theories of contract – classification of contract – offer,

Acceptance and promise

Capacity of parties – disqualification by law – minority and mental incapacity – free consent – factors vitiating free consent – coercion – undue influence – fraud

Unit II

Consideration – definition – effect of contract without consideration – exceptions – intention to create legal obligations

Lawful object – void transactions – misrepresentation, mistake – public policy – agreement in restraint of trade, marriage and legal proceedings – uncertainties and wagering agreements

Unit III

Discharge of contracts – performance of contracts – anticipatory breach – impossibility of performance – alterations and novation – accord and satisfaction – quasi contracts

Unit IV

Remedies for breach - damages for breach - specific performance - rescission and cancellation -injunctions - declaratory remedies

Unit V

E-Contracts – Benefits of E-contracting – Formation of E-contracts – Essentials of E-contracts – Problems relating to E-contracts – Different types of E-contracts – Relevant Provisions of the Information Technology Act

Suggested Readings:

Avatar Singh - Principles of Mercantile Law
Avatar Singh - An Introduction to Contract Law
Pollock and Mulla - Indian Contract and Specific Relief Acts
A.G. Guests - Anson’s Law of Contract
Trietal - The Law of Contract
A.S. Burrows - Remedies for Tort and Breach of Contract
Cheshire - Law of Contracts
M Krishnan Nair M - Law of Contracts

CP 02 Law of Torts

Unit I

Definition and nature of Torts – Distinction between Torts, Crime, and breach of Contract – Basis of tortious liability – ubi jus ibi remedium, injuria sine damnum and damnum sine injuria Liability for the wrongs committed by other persons – vicarious Liability – joint tort feasors –joint and several liability in payment of damages.

Unit II

Negligence – Contributory negligence – Professional Negligence – proximate cause and

intervening cause – foresight of harm – Composite negligence – res ipsa loquitur – last

opportunity rule –– doctrine of alternate danger – strict liability – Ryland v. Fletcher – absolute liability – remoteness of damage

Unit III

General defences – volenti non fit injuria – vis Major – inevitable Accident – necessity –

statutory authority – judicial and quasi judicial acts, parental and quasi parental authority –mistake – act of third parties – novus actus interveniens – plaintiff’s own fault.

Unit IV

Specific torts – injuries to person – assault – battery – false imprisonment – trespass to goods –conversion – trespass to land – interference with contract or business – intimidation – conspiracy– injurious falsehood – passing off – negligent mis–statements – defamation – maliciousprosecution – nuisance

Unit V

Consumer – definition under Consumer Protection Act – consumer of goods and services –defects in good – deficiency in service – enforcement of consumer rights – consumer fora underthe Act – jurisdiction, functions and powers – procedure – execution of orders

Liability under Motor Vehicles Act, 1988 – compensation in motor vehicle accidents –nature andextent of insurer’s liability – claims tribunal – award of compensation

Suggested Readings:

Winfield - Law of Torts
Ramaswamy Iyer - Law of Torts
Achuthan Pillai P.S - Law of Torts
Vivienne Harpwood - Modern Tort Law
P.K. Sarkar - The Motor Vehicles Act, 1988
D.N. Saraf - Law of Consumer Protection in India
P. Leelakrishnan(Ed.) - Consumer Protection and Legal Control

CP 03 Constitutional Law I

Unit I

Constitution of India – Historical Perspective – constitutional development – Political developments – Making of the Constitution – Constitutional Assembly Debates – Constitutional Law: Meaning and Constitutionalism – Various models of Constitution: Written, Unwritten,Unitary, Federal, flexible – Parliamentary vs. Presidential – Preamble: Sovereign, Socialist,Secular and Democratic Republic – 42nd Amendment – Basic Structure theory – Citizenship –Who is a citizen of India – Rights under Migration due to Partition – Acquisition of Citizenship –Citizenship Rules – jus soli and jus sanguinis – Termination of Citizenship – Related Case Laws

Unit II

State and Fundamental Rights – Concept of State – Meaning of Law under Article 13 – Principle of Equality – Articles 14, 15,16 and Article 17 – Special Reference to the Equal Rights and Equality before Law under Article 14 – Rules for Classification – Protective Discrimination under Article 15 – Gender Justice – Article 16 and Reservation Criteria – Article 17 and untouchability Abolition Strategy - relevant case laws.

Unit III

Fundamental Freedoms and Social Control – Right to Know – Personal Liberty – Rights of accused persons and judicial attitude – Double Jeopardy – Right against Self incrimination – Article 21 and Judicial contributions with special reference to A.K. Gopalan v. State of Kerala 1951, Maneka Gandhi v. Union of India, Sunil Batra’s case – Procedure established by Law – Due Process – Post Maneka Gandhi decisions – Fair Procedure, Handcuffing, Legal Aid, Natural Justice, Duty to Hear, Right to Health, Right to Food, Right to Environment, Preventive Detention, Right against Torture, Right to Die, Right to Privacy etc – Important Case Laws Right to Education – Free and Compulsory Education – Freedom of Education Act – Relevant Case Laws – Right against Exploitation – Child Labour – Prohibition of Bonded Labour, Human Trafficking, Beggar etc – Case Laws – Secularism and Minority Rights – Concept of Religion under Indian Constitution – Minority Rights – Right to Educational Institution – Controversy on Conversion of Religion – Relevant Case Laws

Unit IV

Judicial Review and Constitutional Remedies – Article 32, 226 and Article 227 – Nature of Writs– Classification – Article 32 as Fundamental Right – Laches or delay in instituting Writs –Limitation – Public Interest Litigation – Judicial Activism and Judicial Restraint Directive Principles of State Policy – Directive Principles and Fundamental Rights a Comparative Approach – Rights under Articles 31A, 31B and 31C – Judicial Response and Relevant Case Laws – Principles – Social and Economic Justice – Equal Pay for Equal Works, Free Legal Aid – Uniform Civil Code – Promotion of International Peace and Security – Local Self Government as Directive Policy – Constitutional Amendments and Constitutional Position of Three Tier system of Governance Fundamental Duties

Unit V

Relations between the Union and States – Extent of Laws made by Parliament and State Legislatures, Subject Matter – Power of the Parliament to Legislate on Matters under the State List – Residuary Power of Legislation – Effect of Inconsistency between State Law and Union Law – Doctrine of Colourable Legislation, Pith and Substance and Doctrine of Occupied Field –Administrative relation – Duties and Powers of Union and State – Control of Union over State –Disputes relating to Water – Financial Relations – Finance Commission

Suggested Readings:

Shukla. V.N - Constitution of India J.N Pandey - Constitution of India Austin Granville - The Indian Constitution- Cornerstone of a Nation Durga Das Basu - Constitutional Law of India M.P. Jain -Indian Constitutional Law H.M. Seervai - Constitutional Law of India Subhash Kashyap - Indian Constitution Constitutional Assembly Debates

CP 04 Family Law I Unit-1

Marriage and Kinship: Evolution and importance of Marriage and family – Role of Religion, Impact of customs on marriage and Family – Definition of Hindu, Muslim, Christian – Sources of Hindu Law, Muslim Law and Christian Law Unit-II

Concept of marriage - Essential conditions of a valid Hindu Marriage under Hindu Marriage Act-Distinction between Valid, Void and Voidable marriages – Legal consequences of a Valid Marriage– Essential requirements of a valid Muslim marriage – Option of puberty, Legal effects of aMinor’s marriage – Essential conditions of a valid Christian marriage – Kinds of marriages underHindu and Muslim systems – dowry and dower as applicable to Hindus, Muslims and Christians Unit III

Matrimonial remedies: Annulment, Restitution of Conjugal Rights, Judicial Separation and Divorce- Theories of Divorce: Fault/Guilt Theory, Consent Theory, Irretrievable breakdown of marriage – Conditions for grant of matrimonial remedies under Hindu marriage Act and Indian Divorce Act – matrimonial remedies for Muslims (Talaq, Ila, Zihar, Tafweez, Khula, Mubaarak) – Talaq: different kinds of Talaq, Delegated talaq – Divorce under Shariat Act – Judicial and Extrajudicial methods of Divorce – Significance of Dissolution of Muslim Marriages Act – Divorce by Mutual consent – Matrimonial relief under Special Marriage Act Unit IV Child and Family: Legitimacy, Adoption, Custody and Maintenance of Child – Guardianship of the Child – Child Marriage and legal provisions prohibiting child marriage Unit-V Recent developments – Family Court: Composition, Powers and functions – dowry and Dowry Prohibition Act – Need for Uniform Civil Code – Article 44 of the Constitution of India – Compulsory registration of marriage Suggested Readings: Mulla - Principles of Hindu Law Paras Diwan - Hindu Law Mulla - Mohammedan law Tahir Mohamed - Muslim law in India Sebastian Champappally - Christian law E.D. Devadasan - Handbook of Christian law AAA Fyzee - Outlines of Mohammedan Law

CP 05 Law of Crimes I

Unit I:

Definition of Crime – Concept of crime – Morality - Difference between crimes and civil wrongs - Theories behind the necessity of criminal laws - Classification of offenses - Theories of punishment - Types of Punishment – Purpose of punishment – Alternative forms of punishment (including Community Service) introduced by BNS – Sentencing policy - Proportionality of punishment to the crime – Types of criminal justice systems

Unit II:

Elements of Crime - Actus Reus - Action and Omission - Causation: Link between act and harm caused - Mens Rea - Intention, Knowledge, Recklessness and Negligence - Differences in degrees of liability - Principles of Criminal Responsibility - Doctrine of Strict Liability - BNS Clarifications on Criminal Intent and Responsibility – Joint Liability and Common Intention - Section 34 IPC: Acts done by several persons in furtherance of a common intention - Application of Joint Responsibility under BNS - Vicarious Liability - vicarious liability provisions in BNS - General Exceptions to Criminal Responsibility - Mistake of Fact, Accident, Insanity, Intoxication, Consent, etc-

Unit III:

Abetment – Its application in Digital Crimes - Preparation and Attempt – Criminal Conspiracy-Understanding conspiracy and its role in complex crimes - Expanded scope under BNS to include cybercriminal activities - Criminal Intimidation –Threatening actions and consequences - Provisions under BNS for intimidation via social media.

Unit IV:

Waging War Against the State - Acts of sedition and related offenses - Terrorism and related crimes under BNS - Unlawful Assembly, Rioting, and Affray - Mob violence and lynching under BNS- Organised crime

Unit V:

Giving and Fabricating False Evidence - Perjury - False Statements under Oath - tampering with digital evidence - Causing Disappearance of Evidence - Digital evidence under BNS - Harboring Offenders - Assisting offenders in evading law enforcement - Expanded coverage under BNS to include modern methods of communication

OP 01 LEGAL LANGUAGE AND LEGAL WRITING

Unit I

Law – Definition – Relevance – significance of Language in learning law

Nature of disputes – Hierarchy of courts (civil & criminal) – Jurisdiction – Tribunals

Unit II

Sources of Law – Legislation – Subordinate and delegated – Precedent – stare decisis – Ratio

decidendi – obiter dictum – custom – conventional – secondary sources of law

Unit III

Plaint, written statement, affidavit, interlocutory application – Appeal, Revision, Bail,

Memorandum and Articles of Association – Deeds – Conveyancing – General use of legal terms and idioms – words and phrases

Unit IV

Use of Law Library – case reading – comment – abbreviation – law journals – numbering of

cases in courts – legal maxims and its usage –

Important Maxims – 1.Caveatemptre – 2.Actus non-facit reum nisi mens rea – 3.Nemo dat quod non habet – 4. Autrefois acquit – 5.Autrefois convict – 6.Causa Proxime, non remota spectata – 7.Damnum sine injuria – 8.Delegatus non potest delegere – 9.De minimis non curat lex – 10.Ex nudo pacto non oritur action – 11.In turpi causa non oritur actio – 12. Fiat justitia ruat coelum – 13. Falsus in uno falsus in omnibus –14.Generalia specialibus non derogant – 15. Ignorantia juris nominum excusat – 16. Necessitas non habet legem – 17. Novus actus interveniens – 18.Qui facit per alium facit per se – 19. Quid pro quo – 20.Ubi jus ibi remedium – 21. Audi alterum partem – 22. Nemo judex in causa sua –23. Rebus sic stantibus – 24. Res ipsa loquitur – 25.Spes successionis – 26.Ut res magis valeat quam pereat – 27. Expressio Unius est exclusio alterius – 28.Obiter dicta – 29.Populi est suprema lex – 30.Volenti non fit injuria – 31.Ultra vires – 32.Ratio decidendi – 33.Lis pendens – 34.Injuria Sine Damnum

Unit V

Comprehension skills – complaint and petition drafting – to quasi-judicial authorities and public authorities

Suggested readings

Black’s Law Dictionary
Dictionary of Legal Terms and Expressions
Legal Language by K.Mony and K.Usha
Legal Language and Legal Writing by Dr S.R Myneni