Title English Jurisprudence question No 12..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question No 12: Define person. Discuss various types of legal person. Also highlight the difference between corporation and firm? (This question is from 11th topic of the Outline). 1. INTRODUCTION: In English jurisprudence, a "person" refers to any entity capable of having legal rights and duties. This includes not only human beings but also corporations. For example, a company can sue or be sued in court, just like an individual. There may be human being who are not persons like slaves. And there may be persons who are not human being e.g corporations etc. 2. CROSS REFERENCE:
• Article 9 to 14 of the constitution of Pakistan 1973 deal with the fundamental rights relating to the person and body. • Section 11 of the Pakistan Penal code. 3. DEFINITION OF PERSON: • According to Salmond: “A person is any being whom the law regard as capable of right and duties.” • According to Prof. Gray’s: “A person is an entity to which rights and duties may be attributed.” • Section 11 of the Pakistan Penal Code (1860): “The word Person includes any company or Association, or body or person, whether incorporated or not.” 4. DERIVATION OF WORD PERSON: The word person is derived from Latin word “Persona”. 5. KINDS OF PERSONS: Persons are of two kinds. In English jurisprudence, the concepts of natural person and legal person are fundamental to understanding who or what can have rights, responsibilities, and legal standing. • Natural Person: A natural person refers to a human being who has individual rights and duties under the law. This is the most straightforward kind of legal entity, as it pertains to individual people. Example: Wajeeh Ahsan, an ordinary citizen, can own property, enter into contracts, and sue or be sued in a court of law. Wajeeh Ahsan is a natural person.
• Legal Person: A legal person, also known as a juridical person, is an entity that is not a human being but is given legal rights and responsibilities by the law. This can include organizations, corporations, governments, and other entities that can own property, enter contracts, and participate in legal proceedings. Example: ABC Corporation is a company that can own property, enter into contracts, and sue or be sued. Despite not being a human, ABC Corporation is considered a legal person under the law. 6. TYPES OF LEGAL PERSONS: In English jurisprudence, a legal person refers to any entity that can have rights and obligations, and can enter into contracts, sue, or be sued. There are two main types of legal persons natural persons and artificial (or juridical) persons. Here are the different types of legal persons with examples: • Natural Persons: Natural persons are human beings. They are individuals with legal rights and responsibilities. Example: Any individual like John Smith or Emma Brown. • Artificial Persons: Artificial persons are entities created by law that have legal rights and responsibilities. These can be organizations, corporations, governments, etc. a. Corporations: Corporations are legal entities that are separate from their owners. They can own property, enter into contracts, and be sued. Example: Apple Inc., Google LLC, or a local grocery store registered as a corporation.
b. Charitable Organizations: Non-profit organizations created to support charitable activities and causes. Example: The British Red Cross, Oxfam, or a local animal shelter registered as a charity. c. Partnerships: Partnerships are businesses owned by two or more individuals who share responsibilities and profits. Example: A law firm or a medical practice operated by partners. d. Limited Liability Partnerships (LLPs): Similar to partnerships, but with limited liability for the partners. Example: A consultancy firm registered as an LLP. 7. LEGAL STATUES OF A DEAD PERSON: I. According to Salmond: Ordinarily speaking, the personality of a human being may be said to commence existing on birth and cases to exist at death. Death person (men) are no longer person in the eye of law. II. According to law: Dead person (men) are things and not persons they have no rights and no interest. They do not remain the owners of their property until their successor enter upon their inheritance. However, there are the following three things in respect of which the anxieties of living men extend even after death. 8. LEGAL STATUS OF AN UNBORN CHILD: Generally, an unborn child does not have legal personhood or rights independent of its mother. However, there are exceptions where the law recognizes the