Assignment # 2

Submitted by:
Sidra(20108001- 038)
Rubab (20108001-035)
Danish(20108001- 010)
Fazal(20108001- 016)
Imtanan(20108001- 017)

Subject:
English Jurisprudence
Department:
LL.B (blue)6th
Submitted to:
Ma’am Saqiba

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Topic:
Title & it’s nature ,classification, importance, kinds?
Answer:
Introduction of title:
Every right includes privileges, powers, and immunities and involves a title or source from which it is
derived. The title is the de facto antecedent, of which the right is de jure consequent. When the law
confers a right upon a person and not on another, this means that certain facts are true of him while
they are not true of another and these facts are the title of the right.

Definition of titles:
According to Austin:
Title is not the right itself but it is merely an element of right.
According to Holmes:
Holmes says that every right is consequence attached by the law to one or more facts which the
law defines and wherever the law gives anyone special right, not shared by the body of the
people, it does so on the ground that certain special facts, not true of the world, are true of him.
According to Salmond:
Title is the fifth element of a legal right.
According to Holland:
He says that title is that source from which a right originates.
Nature of title:
The term "title" has originated from the Roman word titles or French word titre. However
Holland does not include title as an element of a legal right. A tendency is to be noticed towards
the identification of title with right. According to Lord Blackburn: "The first question which
arises is whether on these facts the plaintiff had any title in the ship. No title in the ship was
conveyed.
Austin does not approve of the use of title for right. His contention is that title is not the right
itself but merely an element of right. While title indicates the idea of an investitive fact, right is a
power, faculty or capacity conferred on a person and is founded in the title. The party entitled is
invested with right by the investitive fact.

Classification:
There are two kinds of titles:

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1.Original titles:
Original titles are those which create right de novo e.g. the catching of fish is an original title of
the right of ownership.
2.Derivative titles:
Derivative titles are those which transfer an already existing right to a new owner e.g. purchase
of fish is a derivate title.
Kinds of facts establishing title:
Vestitive fact is one which determines, positively or negatively the vesting of a right in its owner.
They relate to the creation, extinction and transfer of right. For example, if I give my house to
you, my right in the house is divested to you. That is, my right is destroyed and your is created.
The fact which cause the loss of rights may called divestitive facts and the facts which confer
rights are called investitive facts. Divestitive facts are of two types, extinctive or alienative.
Extinctive facts are those which divert a right by destroying it while alienative facts divest a right
by transferring it to some other owner.
Derivative titles and alienative facts are not two different classes of facts but are merely the same
facts looked at from two different point of view. Bentham has called them translative facts.
Vestitive Facts:
Vestitive facts are those facts which either create, transfer or extinguish rights. These are two
kinds:
l. Investitive facts

ll. Divestitive facts

1.Investitive facts:
Investitive facts create right. The corresponding expression used by Salmond for investitive facts
is title but a right may be created de novo e.g. it may have no previous existence or it may be
created by transfer of an existing right.
Austin observes that investitive events are original or derivative i.e. acquired from the state
directly as in cases of occupancy or from the state directly as in cases of occupancy or from or
through a person in whom a right or its subjects formely resided.
ll. Divestitive facts:
The facts which cause the loss of rights are called divestitive facts. Divestitive facts are of two
types extinctive or alternative. Vestitive facts may be looked at from another perspective, is
Vestitive facts are of two kinds:

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1.Act in the law
2. Acts of the law
Acts of the law:
An act of the law is the creation transfer or extinction of a right by the operation of the law itself,
independently of any consent on part of the person.
Examples:
1. Devolution (distribution) of the property of a person dying intestate will be done according to
the law applicable to the dead man Thus, if the dead man was a Hindu, those Hindu law will be
applied.
2. X is adjudged insolvent by a Court. Now his goods, cash etc. will be taken in execution by the
official assignee appointed by the Court, whether X likes it or not.
Acts in the law:
Acts in the law are also called acts of the parties or juristic at or legal power. An act of a party
(person) is any expression of the will/intention of the person towards the creation transfer or
extinction of a right.
1. A contract (Thus if A contracts to sell cotton to B, then this is an act in law)
2. A will (Thus if A his will, stipulates that after his death Rs. 10,000 must be given to his son B;
then this is an act in law. Acts in the law are voluntary I.e. with the consent of the transfer e.g.
contract, sale will.
Act in the law are of two types Unilateral or Bilateral.
A unilateral vestitive fact is a fact where there is only one party whose will is effective.
Examples:
A gift ,will , avoidance of voidable contract, exercise by a mortgage of his power of sale.
Unilateral acts in the law are divisible into two kinds in respect their relation to the other party
coricemed. In the first case, the unilate act will take effect not only without the consent of the
other party but also if he objects to it, e.g. avoiding a voidable contract. In the second case, the
unilateral act will take effect only if the other party does not dissent. E.g. a will shall fail if the
legatee rejects the legacy.
A bilateral act involves the consent of both the parties to the act. It involves the voluntary will of
two or more persons.
Examples:

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1. Contract 2.Conveyance
3. Mortgage 4. Lease
kinds: Bilateral acts are called agreements. Agreements are of three
1. Valid
2. Void, and 3. Voidable
A valid is one which is fully operative in accordance with the intent of the parties. A void
agreement is one which entirely fails.

Importance of Agreements:
Great importance is attached to agreements between the parties. That is partly due to the fact that
agreements are evidence of right and justice and the parties adjust their rights and liabilities by
their own free con- sent. Moreover, agreements create rights and duties. As legislation is the
public declaration of the rights and duties of the subjects, likewise an agreement is a private
declaration of the rights and duties of the parties concerned. Ordinarily, agreements are enforced
by the courts. An agreement constitutes the best evidence of justice between the par- ties and
should be enforced. It is proper to fulfil the expectations of the parties based on their mutual
consent if the same is not opposed to the idea of natural justice.

Kinds of Agreement:
(l) Contract:
A contract is an agreement which creates a personal obligation between the parties to the
agreement. Savigny defines it as a union of several in an accordant expression of will, with the
object of creating an obligation between them. A contract imposes no liabilities upon anyone
except the parties thereto. Salmond observes that to constitute a contract there must be not
merely a promise to do a certain act, but a promise to do this act as a legal duty.
(ll)Grants:
A grant is an agreement by which rights other than Contractual rights are created e.g. leases,
mortgages, charges, enactments etc.
(lll)Assignments:
Those agreements which transfer rights are called
Assignment e.g. sales or gift.
(iv) Releases:
Those agreements which extinguish rights are
called releases.

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Kinds of agreement according to their legal efficacy:
In respect of their legal efficacy, agreements are of two kinds, viz.
(i)Valid agreement:
A valid agreement is one which is enforceable by law. It is fully operative as being in
consonance with the true intention of the parties. In the words of a scholar "valid agreements are
those agreements which are fully operative in law."
(ll) Invalid agreement:
Invalid agreements are those which have some defect in them and that defect prevents them from
being fully operative. Invalid agreements are of two kinds, viz.
(i)Void agreement:
A void agreement is one which entirely fails to receive legal recognition and sanction, the
declared will of the parties being wholly destitute of legal efficacy. In the words of Salmond
"Void agreements are not accorded legal recognition at all."
(ii) Voidable agreement:
A voidable agreement is one which by reason of some defect in its origin is liable to lose its
effect at the option of one or more parties. A voidable agreement is not null and void from the
very beginning. However, it can be challenged by a party concerned and, in that case, it becomes
void from the date on which it was entered into. The effect of nullification is retrospective and
not prospective. Voidable agreements occur in the case of coercion, fraud, or misrepresentation.

Causes of Invalidity of Agreement:

The most important causes of invalidity of agreements may be enumerated as follows:
(1) Incapacity:
In capacity of the parties may render an agreement invalid. In the eye of law certain persons are
destitute of power of determining their rights and liabilities by way of consent (e.g., minor,
lunatics etc.) and consequently agreements by them are invalid.
(II) Informality:
There are certain agreements which require certain legal formalities to be fulfilled and if those
formalities are not fulfilled, the agreement becomes invalid. The want of a written agreement, the
non- registration of an agreement or the omission of the signatures of the parties may make an
agreement invalid.
(lll) Illegality:
Agreements for the performance of legal thing g, an agreement by way of wager) have no
validity in the eye of law.

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(lV) Error or Mistake:
An agreement may become invalid on account of some error or mistake. A mistake may be either
essential or unessential.
(l)Essential mistake:
In the case of an essential mistake, the parties do not in reality mean the something and do not
agree to anything. If X agrees to sell land to Y and while X is thinking of one piece of land, Y
thinks of another piece of land, agreement becomes invalid on account of essential mistake.
(ii) Unessential mistake:
Unessential mistake on the other hand, is that which does not relate to the nature or contents of
the agreement, but only to some external circumstances, serving as one of the inducements which
led to the making of it. Thus where A to buy B's horse because he believes it to be sound,
whereas it is in reality unsound, the error is not essential because neither party is in any way
concerned in law with the reasons which inducted the other to give consent.
valid which has been entered into with the free consent of the parties.
(vi) Want of consideration:
If there is a want of consideration in a particular agreement, that agreement becomes invalid.
Law requires that if an agreement is to be valid, it must be for a valuable consideration.

Conclusion:
To conclude this can be said that there are four kinds of agreement i.e., contracts, grants,
assignments and lease.
A contract is an agreement which creates a personal obligation between the parties to the
agreement. A grant is an agreement which creates a right of any other description, e.g., a lease.
Those that transfer rights are called assignments. Those that extinguish or surrender a right or
discharge an obligation are called releases.
most important causes of invalidity of agreement are incapacity, informality illegality and error
or mistake, etc.

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