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BRAC University
LAW 101: The Jurisprudence of Legal Concepts
The course will discuss the conceptual framework of contemporary systems of private
and public law, including general theories of rights, duties and powers. In this
context certain main institutions of law will be considered such as property,
ownership and possession; contract and promising; legal personality, delict,
negligence and risk; responsibility and punishment, evidence and procedure; rights
and right creation. In each case there will be consideration of the extent to which
particular legal or social values are presupposed by or flow from particular
institutions. To understand legal system of Bangladesh and hierarchy of courts, their
constitution and function with power and jurisdiction, Code of Conduct and Ethics as
prescribed by the Bangladesh Bar Council.3 credits
LAW 102: Obligations: Contract Law
This involves the law of voluntary obligations, contract and unilateral promise. The
essential elements for the formation of a contract; vitiating elements of ContractCoercion, Fraud, Misrepresentation, Undue influence and Mistake; Contractual
Capacity; Forms of Consideration; Types of contracts in terms of validity and
operation; agreements expressly declared void under the law; nature of Quasi
Contracts/law of unjust enrichment; dissolution of contracts; remedies for breach of
contract are all topics that will be covered under this subject.3 credits
LAW 103: Delict: Law of Tort
The topic covers the nature and scope of the Law of Tort, general conditions of
liability, general defenses, general remedies, parties to an action in tort, remoteness
of damage. Specific torts: Trespass to the person, goods and land; malicious
prosecution, defamation, negligence, nuisance, vicarious liability, strict liability,
liabilities for dangerous land and structures. Remedies in torts; specific restitutionInjunction and damages. 3 credits
LAW 104: Constitutional Law
Introduction-Conception and elements of State-Definition, scope and nature of
Constitutional Law-contents and classification of Constitutions. General theories of
Constitution-classification of Constitutions, Supremacy of the Constitutions.
Conventions of the Constitution-Ministerial responsibility-Sovereignty of ParliamentTheory of separation of powers-Rule of Law compared with Administrative judiciary.
Fundamental Rights and Principles-Fundamental Principles of State Policy and their
purpose. The Executive. The Legislature. Unconstitutional legislation-Ministerial
responsibility-Parliamentary sovereignty. The Organization of judiciary, Jurisdiction
and powers of the Supreme Court and its Divisions Superintendence and control over
lower courts, separation of power, independence of Judiciary. Administrative
Tribunals. The Services of Bangladesh-establishment of Service Commission-function
of the Commission.3 credits
LAW 201: Equitable Principles and Specific Relief
The course covers the origin and development of equity, equity and its relation to
law, equity under Roman legal system, incorporation of Equitable principles in
Bangladesh legal system, the general nature of equitable principles and remedies.
The maxims of equity, election, satisfaction, redemption, equitable relief in contracts.
tenancy-from ancient period to the passing of The State Acquisition and Tenancy Act,
1950. Who is or who is not a rent:receiver; Special provisions for the acquisition of
interests of certain rent:receivers: Special provisions regarding lands held in lieu of
service; Preparation of record of rights:assessment of compensation; Provisions
relating to arrears of revenue, rent and leases; Incidents holdings of raiyats, and
transfer, purchase and acquisition of lands; provisions as to enhancement and
reduction of rent; amalgamation, sub:division and consolidation of holding;
Maintenance of the record of rights; Jurisdiction:Appeal, Revision and Review.
Classes of non:agricultural tenants, tenants, under tenants, provisions as transfer of
a non:agricultural land, improvements, other incidents of non:agricultural tenancies,
judicial procedure. 3 credits
Prerequisites: LAW 203, LAW 204
LAW 302: Criminal Law
General principles of responsibility for crime, essential elements of crime, guilty
mind, actus reus and mens rea; defenses and mitigating factors. Grounds of
exemption from criminal responsibility, joint liability, abetment and attempt of
offences. Specific offences under Penal Code: Offences against the State and other
public interests. Offences affecting the human body. Offences against the property
and other interests of the individual. Punishment: Its objects and limits. Special
criminal laws will also be discussed.3 credits
Prerequisites: LAW 101, LAW 104
LAW 303: Company Law
The theory and principles of company law, including the meaning and consequences
of incorporation, it is advantages and disadvantages, the ultra vires doctrine, the
concept of capital, the company's organs and agents and its liability for their actions,
the rights and obligations of directors and shareholders inter se and the protection of
minorities, the formation and flotation of companies, the nature and classification of
company securities, publicity, accounts and audit, meeting and resolutions,
reconstructions and amalgamations, liquidation.3 credits
Prerequisites: LAW 102, LAW 205
LAW 304: International Law [Public]
Sources of International law, relation to municipal law; law of territory, the sea, air
and outer space; jurisdiction; privileges and immunities of states; international
organization and their representatives; individuals in international law; nationality,
aliens, human rights, extradition; law of treaties; international responsibility of states
and international organisations; settlement of disputes; role of international
institutions; use of force by states and international institutions; law of war and
neutrality.3 credits
Prerequisites: LAW 101
LAW 305: Principles of Civil Procedure
Procedural and Substantive law-organisation of Civil Courts in Bangladesh, scope and
application of the Civil Procedure Code, structure of the code. Inherent power of the
courts, Code not exhaustive, Suits and other Civil proceedings. Jurisdiction of Courts,
Institution of suits and proceeding, place of suits, Parties to suits, Service of
summons of defendant, recognized agents and advocates, examination of parties,
discovery, Admission, Framing of issues and interrogatories, Hearing of suits. Default
of appearance and failure to prosecute. Stay of suits, Stay of Suits, Resjudicata. Bar
to further suits, execution of decrees and orders, Incidental and supplemental
proceeding, special procedure in particular classes of suits Pauper suits, Inter-pleader
suits, Appeals from decrees and orders, Review, Revision and Reference Temporary
injunction, withdrawal and adjustment of suits, commission, arrest and attachment
before judgment, Appointment of receivers. Appeals to the Supreme Court of
Bangladesh.3 credits
Prerequisites: LAW 101, LAW 104, LAW 201
LAW 306: Evidence
Development, scope and function of the law; necessity of proof, relevancy of facts,
mode of proof, production and effect of evidence, improper admission or rejection of
evidence.3 credits
Prerequisites: LAW 302, LAW 305
LAW 307: Laws on Insurance
Evolution-historical sketch, nature of the concept of insurance, governing laws,
formation of the contract. Basic features / characteristics of contract of insurance.
Provisions of fire insurance-Assignment of fire policies, when valid-(refer to the
provisions of Secs. 49 and 135 of the Transfer of Property Act 1882), 'Average
Clause' in fire policies and its effect, 'average formula' and its application. Types of
fire policy-Specific policy, Comprehensive policy, Valued policy, Floating policy,
Replacement or Re-instatement policy. Provisions of marine insurance. Basic
characteristics of marine insurance, Classification of marine policies, various
"clauses" in marine policies: Liability of Underwriter. Marin loss-Partial and Total loss,
Actual total loss and Constructive total loss. Notice of abandonment, when required.
Provision of life insurance. Miscellaneous/liability insurance. Provisions applicable to
Insurers/underwriters/insurance Company. Bankruptcy and its effect on insurance
claims. Concept of Re-insurance and Double insurance.3 credits
Prerequisites: LAW 102, LAW 205
LAW 308: Criminal Procedure
Constitution, jurisdiction and powers of criminal courts, arrest, bail, provisions as to
bonds. Prevention of offences, unlawful assembles; investigation and inquiry, charge,
trial of summons case, warrant cases and session cases. Summary trials, judgment,
acquittal and conviction. Appeal, reference and revision.3 credits
Prerequisites: LAW 302
LAW 401: Conveyancing and Legal Writings
Conveyancing-as an art of effecting transfers. Short history of conveyancingDeedpoll, Indenture and Grant. Ownership of land and soil (Indian concept)-Absolute
ownership. Conveyancing in British India, capacity of conveyancing, transfers by
limited owners, disqualified transferee, unborn persons, fiduciary relations between
the parties, operation and restraint on transfer. Essence of drafting, requisite of Deed
of Transfer-in general, registering office, time limit of presentation of documents,
enforcing one to register.3 credits
Prerequisite: LAW 203, LAW 204
LAW 402: Legal Research and Methodology
To associate and induct students into the culture of research work and to provide a
framework in which they can develop their individual skills and talents in a
stimulating research environment. Students would be exposed to variety of literature
which explores the setting up of research projects, the definition of research
questions, techniques for research, analysis, the development of conclusions and
findings, and writing-up styles in general. To provide students with practical
experience in the planning and execution of a small research project as well as the
In many instances their functions have been relegated to mere procreation and
attending to household chores. Her life is so structured that she has become subservient to the needs of man and has become a victim of social and personal
aggression, even in the era of equality of sexes, equality before law and equal
protection of laws through constitutional guarantees. It is ironical that cruelty to the
women and problem of battered wives have become almost a worldwide
phenomenon. Domestic violence occurs all over the world on a significant and
disturbing scale. In the context of the above scenario the course will deal with the
social and legal status of women, enactments and laws that ameliorate their lot and
prevent exploration and discrimination.3 credits
Prerequisites: LAW 101, LAW 104, LAW 202, LAW 302, LAW 306, LAW 308
LAW 346: Environmental Law
An introduction to the law (in international and national perspective) related to the
protection of the environment. Emphasis is placed not only on selected subject areas
(e.g. nature conservation, integrated pollution control) but also on the study of
different strategies of environmental protection and their enforcement. International
Developments-International environmental legal issues-regional environmental
developments-international environmental institutions.3 credits
Prerequisites: LAW 103
LAW 447: Human Rights
Concepts, development of international human right law, international human rights
instruments, regional human rights instruments. Role of Non-Governmental
Organization (NGOs), in the promotion of human rights with special reference to
Bangladesh.3 credits
Prerequisites: LAW 101, LAW 304
LAW 448: Administrative Law
Administrative Law-Definition, nature, scope, causes of growth with special reference
to Bangladesh. Droit Administratif. Important concepts in Administrative LawConcepts of Rule of law, Concept of Natural Justice, doctrine of Ultra Vires, concept
of public interest litigation. Administrative action-Classification-Quasi-legislative
Action, Quasi-judicial Action, Purely Administrative Action, Control mechanism,
Judicial Review-principles and modes. Administrative Discretion, Administrative
Arbitrariness. Liability of Administration-Liability of Administration in Tort and
Contract, Privileges and immunities of Administration in suits, Immunity from state
operation and estoppels, other privileges. Statuary Public Corporations-Chief
characteristics, liability in Tort and contract, rights and privileges, control
mechanism. Administrative fault-Special Remedies. Tribunals, ombudsman, discretion
to disobey.3 credits
Prerequisites: LAW 101, LAW 305, LAW 103, LAW 102
LAW 351: Hindu Law and Succession
Origin, sources and operation of Hindu law, schools of Hindu law, persons governed
by Hindu law, the Doctrine of Factum Valet. Joint family, Dayabhaga joint family,
Debts-grounds of liability, debts under the Dayabhaga law, Partition-how partition is
affected. Women's estate. Marriage, divorce, succession, adoption and
maintenance.3 credits
LAW 352: Succession, Social Policy and Law Reforms
Law of inheritance in personal laws, amendments and reforms thereto and its effects
on social policy.3 credits