You

1. State the meaning of the following terms as a Law term a) Equity b) Justice

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a) Equity: In legal terms, equity refers to a system of jurisprudence that developed alongside the
common law to address situations where the strict application of legal rules would lead to unfair or
unjust results. It emphasizes fairness, justice, and the resolution of disputes based on principles of
morality and conscience. Equity is administered by courts of equity and is often applied in cases
involving injunctions, specific performance, and remedies where monetary damages may not be
sufficient to provide a just solution.

b) Justice: Justice, in the legal context, is the fair and impartial administration of the law. It involves
upholding the rights of individuals, ensuring that legal processes are conducted without bias, and that
individuals are treated equitably. Justice is a fundamental principle in legal systems worldwide and
encompasses various aspects, including criminal justice (dealing with crimes and punishment), civil
justice (resolving disputes between private parties), and social justice (addressing broader issues of
fairness and equality in society). The concept of justice is central to the rule of law and the functioning
of legal systems.

You

2. Sri Lanka is considered as a country belongs into a mixed jurisdiction. Give your opinion

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As of my last knowledge update in January 2022, Sri Lanka is often considered to have a mixed legal
system, which incorporates elements of both the common law and civil law traditions. The legal system
in Sri Lanka has been influenced by its colonial history, with periods of British and Dutch colonial rule
significantly impacting its legal framework. Here are some points supporting the classification of Sri
Lanka as having a mixed jurisdiction:

1. Common Law Influence: The British colonial period (1815-1948) left a lasting impact on Sri
Lanka's legal system. The common law principles, including case law and the adversarial system,
were adopted and continue to play a significant role in the country's legal proceedings.

2. Roman-Dutch Influence: Prior to British rule, Sri Lanka was under Dutch colonial administration,
and during this period, the Roman-Dutch legal system was introduced. Elements of Roman-
Dutch law still influence certain areas of law in Sri Lanka, especially in matters related to
property and contracts.
 3. Local Legal Traditions: Sri Lanka also maintains some traditional legal practices and customary
laws, particularly in areas related to family and personal matters. These may vary among
different ethnic and religious communities within the country.

4. Codification of Laws: While the common law tradition relies heavily on precedent and case law,
civil law systems are often characterized by comprehensive legal codes. In Sri Lanka, there has
been an effort to codify laws in various areas, reflecting a civil law influence.

It's important to note that legal systems can evolve, and changes may occur over time. If there have
been significant legal reforms or developments in Sri Lanka's legal system after my last update in
January 2022, it would be advisable to consult more recent sources for the latest information.

You

3. State the specialty of the following types of laws a) Kandyan Law b) The Thesawalamai c) Muslim Law
d) Mukkuvar Law

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a) Kandyan Law: Kandyan Law refers to the legal system that traditionally applied to the Kandyan region
of Sri Lanka. It is a mixture of customary law and principles derived from the ancient Sinhala legal
system. Kandyan Law is known for its emphasis on customary practices and traditions, particularly in
matters related to land, inheritance, and family. It has had a significant influence on the laws governing
the Kandyan Sinhalese community, especially in issues such as property rights and matrimonial disputes.

b) Thesawalamai: The Thesawalamai is a legal system that predominantly applies to the Northern
Province of Sri Lanka, particularly among the Tamil community. It is a customary law that governs issues
related to property, marriage, and inheritance. The Thesawalamai is notable for its provisions related to
the matrilineal inheritance system, where property is passed down through the female line. This legal
system reflects the cultural and historical practices of the Tamil people in the region.

c) Muslim Law: Muslim Law, also known as Islamic law or Sharia, is a legal system based on the
principles and teachings of Islam. In the context of Sri Lanka, Muslim Law is applicable to the Muslim
community. It covers various aspects of personal and family law, including marriage, divorce,
inheritance, and other matters regulated by Islamic principles. The application of Muslim Law is often
overseen by religious authorities within the Muslim community.

d) Mukkuvar Law: Mukkuvar Law is specific to the Mukkuvar community, which is a coastal community
in Sri Lanka. The legal traditions of the Mukkuvar people may include customary practices and rules that
govern their social and legal relationships. However, it's worth noting that information about Mukkuvar
Law may be limited and can vary within different sub-communities and regions.

These legal systems highlight the diversity within Sri Lanka's legal landscape, as different ethnic and
cultural groups may follow distinct legal traditions and customs. It's important to recognize and respect
these diverse legal systems as part of the country's rich cultural heritage.
You

4. Briefly explain the British influence on the laws of Sri Lanka

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The British influence on the laws of Sri Lanka is significant and stems from the period of British colonial
rule, which lasted from 1815 to 1948. During this time, the British introduced and implemented legal
reforms that left a lasting impact on Sri Lanka's legal system. Here are some key aspects of British
influence on the laws of Sri Lanka:

1. Common Law System: The British introduced the common law system, which is based on
judicial decisions and precedents. This system replaced or modified existing legal traditions in Sri
Lanka. The principles of equity and common law became integral to the country's legal
framework, influencing the resolution of disputes and the administration of justice.

2. Judicial and Legal Institutions: The British established a modern legal infrastructure in Sri Lanka,
including a formal court system and legal institutions. The judiciary was organized to reflect the
structure of the British legal system, with courts at various levels. British legal professionals
played a key role in the administration of justice during colonial rule.

3. Legal Codes and Legislation: The British introduced comprehensive legal codes and statutes to
regulate various aspects of life in Sri Lanka. These codes covered areas such as criminal law, civil
procedure, property law, and family law. The process of codification helped create a more
systematic and organized legal framework.

4. Land Tenure and Property Laws: British colonial authorities implemented changes in land
tenure and property laws, affecting how land was owned, transferred, and inherited. The Land
Registration Ordinance of 1891, for example, introduced a system of land registration that
aimed to provide clear titles and facilitate land transactions.

5. English Language and Legal Education: The English language became the medium of legal
communication and documentation. Legal education, modeled on British legal traditions, was
introduced to train local lawyers and judges in the principles and practices of English law. This
contributed to the development of a legal profession in Sri Lanka.

6. Influence on Criminal Law and Penal Code: The British introduced a penal code that codified
criminal offenses and their punishments. This code has had a lasting impact on the criminal
justice system in Sri Lanka.

While British colonial rule significantly shaped the legal landscape of Sri Lanka, it's important to note
that post-independence legal reforms have occurred to address specific cultural, social, and political
contexts within the country. Additionally, Sri Lanka retains some elements of its pre-colonial legal
traditions, especially in areas where local customs and practices continue to influence the legal system.
You

1. State 05 areas covered by constitutional law (05 Marks) 2. According to Sri Lankan Constitution define
“Public Officer” & state 05 parties who are not included in the definition of a public officer (07 Marks) 3.
Write down 02 purposes of Administrative Law (04 Marks) 4. Briefly explain, a) Intellectual property law
b) Local government law

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1. Areas Covered by Constitutional Law:

a) Structure of Government: Constitutional law defines the structure of government, including the
allocation and separation of powers among different branches such as the executive, legislative, and
judicial branches.

b) Fundamental Rights: Constitutional law protects individual rights and liberties by outlining
fundamental rights and freedoms guaranteed to citizens. It establishes the framework for the protection
of civil liberties and human rights.

c) Constitutional Amendments: Constitutional law governs the process of amending the constitution. It
outlines the procedures and requirements for making changes to the fundamental law of the land.

d) Federalism and State Powers: In countries with a federal structure, constitutional law delineates the
distribution of powers between the central government and sub-national entities (states or provinces).
It establishes the relationship between different levels of government.

e) Judicial Review: Constitutional law provides the basis for judicial review, enabling the judiciary to
assess the constitutionality of laws, actions, or government decisions. It ensures that government
actions adhere to the constitutional framework.

2. Definition of "Public Officer" in the Sri Lankan Constitution and Parties Not Included:

According to the Sri Lankan Constitution, a "Public Officer" is defined as any person holding an office or
post in the public service. This includes members of any public service, local government authority, or
public corporation.

Five parties not included in the definition of a public officer:

a) Members of the Armed Forces: Individuals serving in the military.

b) Members of the Police Force: Officers in law enforcement.

c) Members of the Judiciary: Judges and magistrates.

d) Members of Local Government Authorities: Elected officials at the local government level.

e) Members of Public Corporations: Individuals serving in public enterprises or corporations.

 3. Purposes of Administrative Law:

a) Protection of Individual Rights: Administrative law ensures that individuals are treated fairly and
justly by administrative bodies. It provides mechanisms for individuals to challenge administrative
decisions that may adversely affect their rights or interests.

b) Accountability and Rule of Law: Administrative law establishes principles of accountability for
government agencies and officials. It ensures that administrative actions are within the scope of legal
authority and that decisions are made in accordance with established rules and procedures.

4. Brief Explanation:

a) Intellectual Property Law: Intellectual property law encompasses legal protections for creations of
the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in
commerce. It includes areas such as patents, copyrights, trademarks, and trade secrets, aiming to
encourage innovation and creativity by providing creators and inventors with exclusive rights to their
creations.

b) Local Government Law: Local government law pertains to the legal framework governing local
authorities or municipalities. It covers issues such as the establishment and powers of local government
bodies, their relationship with higher levels of government, local government financing, land use
planning, and the delivery of local services. Local government laws vary by jurisdiction and are crucial for
the effective functioning of decentralized governance structures.

You

1. State 05 regularity bodies responsible for planning & building in Sri Lanka (05 Marks) 2. Client desires
to construct a 10 storey commercial building for luxury development project in Negambo comprising an
apartments, hotel, restaurant, roof top pool & a bar. What are the approvals need to be obtained from
the relevant authorities prior to the commencement of the project. (05 Marks) 3. State 03 differences
between civil law & criminal law (06 Marks) 4. A person is injured at work due to employer not taking
the correct precautions to keep plant & machinery safe. This can lead to a criminal prosecution & a civil
proceeding.Discuss in your own words.

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1. Regulatory Bodies Responsible for Planning & Building in Sri Lanka:

a) Urban Development Authority (UDA): Responsible for urban planning, development, and
redevelopment projects.

b) Town and Country Planning Department: Deals with spatial planning and land use regulations.

c) Central Environmental Authority (CEA): Focuses on environmental impact assessments and approvals
for development projects.
d) Building Research Organization (BRO): Involved in research, development, and standardization of
building materials and construction techniques.

e) Local Authorities (Municipal Councils and Urban Councils): Responsible for local planning and
building approvals within their jurisdictions.

2. Approvals Required for a 10-Storey Commercial Building Project in Negombo:

a) Planning Approval: Obtain approval from the relevant urban planning authority (e.g., Urban
Development Authority) for the overall project design and compliance with zoning regulations.

b) Building Plan Approval: Submit detailed building plans to the local building authority for approval,
ensuring compliance with building codes and regulations.

c) Environmental Impact Assessment (EIA): Undertake an EIA and obtain approval from the Central
Environmental Authority to assess and mitigate potential environmental impacts.

d) Zoning Clearance: Ensure that the proposed land use, including apartments, hotel, restaurant, and
other facilities, conforms to local zoning regulations.

e) Fire Department Approval: Obtain clearance from the local fire department to ensure that the
building design complies with fire safety standards.

3. Differences Between Civil Law & Criminal Law:

a) Purpose:

• Civil Law: Primarily concerned with resolving disputes between private parties and
compensating the injured party for losses.

• Criminal Law: Aims to punish individuals for offenses against the state and society,
focusing on maintaining public order and safety.

b) Parties Involved:

• Civil Law: Involves private parties, such as individuals or organizations (plaintiff and
defendant).

• Criminal Law: Involves the state as the prosecuting party and the accused (defendant).

c) Burden of Proof:

• Civil Law: The burden of proof is generally on the plaintiff, who must establish the case
by a preponderance of the evidence.

• Criminal Law: The prosecution bears the burden of proving the defendant's guilt beyond
a reasonable doubt.

4. Injury at Work: Criminal Prosecution vs. Civil Proceeding:

In the case of a person being injured at work due to the employer's failure to ensure the safety of plant
and machinery:
 • Criminal Prosecution: The employer may face criminal prosecution initiated by the
state. This involves legal action by government authorities seeking to punish the
employer for violating occupational health and safety laws. If found guilty, the employer
could face fines or even imprisonment.

• Civil Proceeding: The injured employee may file a civil lawsuit against the employer,
seeking compensation for damages such as medical expenses, lost wages, and pain and
suffering. The focus is on providing a remedy to the individual who suffered harm,
rather than punishing the employer. The outcome may result in a monetary judgment in
favor of the injured party.

You

1. Why Supreme Court is known as the Apex court. Briefly explain. 2. Name Sri Lankan Courts which
have jurisdiction powers for the following cases a) Breach of fundamental rights b) Murder c) Appeal for
a judgment given at high court d) Breach of a contract between a company & a goods supplier 3. Briefly
explain 03 sources of law 4. State 08 human rights guaranteed by the constitution of Sri Lanka

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1. Supreme Court as the Apex Court: The Supreme Court is often referred to as the "Apex Court"
because it is the highest judicial authority in a country. In the legal hierarchy, the term "apex"
denotes the highest or most superior position. The decisions and judgments of the Supreme
Court are final and binding, and it serves as the ultimate authority for interpreting the
constitution and resolving legal disputes. As the highest court, it holds the highest jurisdiction,
and its rulings set legal precedents that lower courts must follow. The designation as the "Apex
Court" signifies its paramount role in the legal system of a country.

2. Sri Lankan Courts with Jurisdiction Powers:

a) Breach of Fundamental Rights: The Supreme Court of Sri Lanka has jurisdiction to hear cases related
to the violation of fundamental rights. Individuals can file fundamental rights petitions directly with the
Supreme Court under Article 126 of the Constitution.

b) Murder: The High Court of Sri Lanka has jurisdiction over murder cases. High Court judges are
empowered to hear and adjudicate serious criminal offenses, including cases of homicide.

c) Appeal for a Judgment Given at High Court: The Court of Appeal in Sri Lanka has jurisdiction to hear
appeals from judgments of the High Court. Parties dissatisfied with High Court decisions may seek a
review of those decisions in the Court of Appeal.

d) Breach of a Contract Between a Company & a Goods Supplier: This matter typically falls under the
jurisdiction of the Commercial High Court in Sri Lanka. The Commercial High Court handles cases related
to commercial and business disputes, including breaches of contracts.

3. Sources of Law:
a) Legislation (Statutory Law): Laws enacted by legislative bodies, such as Parliament, are a primary
source of law. Statutes and codes form the basis of statutory law.

b) Case Law (Common Law): Judicial decisions and precedents established by courts contribute to
common law. Judges interpret laws and make decisions that become guiding principles for future cases.

c) Custom and Tradition (Customary Law): In some cases, customary practices and traditions recognized
by a community or society may form the basis of legal principles. Customary law is often prevalent in
areas like family law and land rights.

4. Human Rights Guaranteed by the Constitution of Sri Lanka:

The Constitution of Sri Lanka guarantees various human rights, including but not limited to:

a) Right to equality before the law. b) Right to life. c) Right to personal liberty. d) Right to freedom of
speech and expression. e) Right to freedom of assembly and association. f) Right to religious freedom. g)
Right to property. h) Right to access information.

You

1. Identify the essentials of a valid contract 2. Briefly explain executed contracts & executory contracts
with an example 3. State 04 remedies available for the breach of a contract 4. Give your comments with
facts of Law of Contract on the following situation. „X‟ makes an offer to‟Y‟ that „X‟ needs to sell his
Tipper for Rs. 4,000,000.00. „Y‟ accepted, but requested to allow three days to buy & „X‟ agreed with
the same. But in the next day „Z‟ who is residing with „Y‟ came to „X‟ and offered Rs. 4,200,000.00 to
buy the same tipper & „X‟ agreed & sold the Tipper. In the third day „Y‟came to „X‟ with money but „X‟
disclosed that he sold it to‟Z‟. Can „Y‟ sue „X‟

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1. Essentials of a Valid Contract: For a contract to be legally valid, it must generally include the
following essentials:

a) Offer and Acceptance: There must be a clear offer made by one party and a corresponding
acceptance by the other party. The terms of the offer and acceptance should be definite and
unambiguous.

b) Intention to Create Legal Relations: The parties must intend for the contract to have legal
consequences. Social agreements or agreements made in a domestic setting may lack this intention.

c) Lawful Consideration: There must be something of value exchanged between the parties as part of
the agreement. This is known as consideration and can be money, goods, services, or a promise to do or
refrain from doing something.

d) Capacity of the Parties: The parties entering into the contract must have the legal capacity to do so.
Minors, mentally incapacitated individuals, and those under the influence of drugs or alcohol may lack
capacity.
e) Legal Object: The purpose of the contract must be lawful. Contracts with illegal objectives are void.

f) Certainty and Possibility of Performance: The terms of the contract must be clear and certain, and
performance must be possible. Vague or impossible terms may invalidate a contract.

g) Free Consent: The consent of the parties must be freely given, without coercion, undue influence,
fraud, misrepresentation, or mistake.

h) Legal Formalities (if required): Some contracts may require specific formalities, such as being in
writing or being executed with certain formalities.

2. Executed Contracts & Executory Contracts:

a) Executed Contract: In an executed contract, both parties have fulfilled their obligations, and the
contract is completed. For example, if A sells a book to B, and B pays the agreed-upon price, it becomes
an executed contract.

b) Executory Contract: An executory contract is one where one or both parties have yet to fulfill their
obligations. The contract is still in progress. For example, if A agrees to sell a book to B, and B has not yet
paid, it remains an executory contract until B fulfills their obligation by making the payment.

3. Remedies for Breach of Contract:

a) Damages: The most common remedy, where the party harmed by the breach is awarded monetary
compensation.

b) Specific Performance: A court order requiring the breaching party to fulfill their contractual
obligations.

c) Rescission: The contract is canceled, and both parties are restored to their pre-contract positions.

d) Injunction: A court order restraining the breaching party from taking certain actions.

4. Legal Analysis of the Situation: In the given scenario, X made an offer to Y to sell a Tipper for Rs.
4,000,000. Y accepted the offer, but before Y could buy the Tipper, Z, who resides with Y,
offered Rs. 4,200,000 to buy the same Tipper, and X agreed and sold it to Z.

In this situation, Y may have a legal claim against X for breach of contract, specifically for a breach of the
agreement to sell the Tipper for Rs. 4,000,000. Although there was an acceptance and an agreement
between X and Y, X breached the contract by selling the Tipper to Z. Y could potentially seek damages as
a remedy for the financial loss suffered due to X's breach of contract. However, the success of such a
claim may depend on the specific circumstances, the terms of the agreement, and applicable contract
law principles. It's advisable for Y to consult with a legal professional for a more thorough analysis based
on the complete facts and applicable laws.

You

Write short notes onany 05 of the following 1. Court 2. Environment Law 3. Factory Ordinance 4.
Economic loss 5. Duty of care 6. Vicarious liability
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1. Court: A court is a legal institution where legal disputes are adjudicated and justice is
administered. Courts serve as forums for the resolution of civil and criminal cases, ensuring the
application of laws and the protection of individual rights. They may be organized hierarchically,
with different levels having varying jurisdictions. Judges, magistrates, or justices preside over
court proceedings, interpreting and applying the law to resolve conflicts and administer justice.

2. Environment Law: Environmental law encompasses legal principles and regulations that address
the protection and preservation of the environment. It covers issues such as pollution control,
conservation of natural resources, biodiversity, waste management, and sustainable
development. Environmental laws aim to regulate human activities that impact the environment
and promote the responsible use of natural resources. International agreements, national
statutes, and local regulations contribute to the framework of environmental law.

3. Factory Ordinance: The Factory Ordinance refers to legislation that governs the establishment,
operation, and working conditions in factories. It typically covers aspects such as workplace
safety, health standards, working hours, employment of women and children, and the general
welfare of workers. The ordinance aims to ensure a safe and healthy working environment,
prevent workplace accidents, and protect the rights of workers employed in industrial settings.

4. Economic Loss: Economic loss refers to financial harm suffered by an individual or entity
without accompanying physical injury or property damage. In legal terms, economic loss often
arises in the context of tort law, contract law, or product liability. Unlike direct damages
resulting from physical harm, economic loss is associated with financial losses such as lost
profits, business interruption, or diminished market value. The legal remedies available for
economic loss depend on the specific legal context and the principles governing the relevant
area of law.

5. Duty of Care: Duty of care is a legal obligation imposed on individuals or entities to act
reasonably and prudently to prevent foreseeable harm to others. It is a fundamental concept in
tort law and is often associated with negligence claims. A person owes a duty of care to others
when their actions or omissions could reasonably be expected to cause harm. Breaching the
duty of care may result in legal liability, and the injured party may seek compensation for
damages caused by the breach.

6. Vicarious Liability: Vicarious liability is a legal principle that holds one party responsible for the
actions of another. In the context of employment relationships, an employer may be vicariously
liable for the wrongful acts or negligence of its employees committed within the scope of
employment. This concept recognizes that employers benefit from the services of their
employees and, therefore, should bear the legal consequences of their actions. Vicarious liability
is a common doctrine in tort law and serves to ensure that individuals who suffer harm due to
another's actions have a means of obtaining compensation.
You

1. What is the industrial dispute? 2. What are the powers of the commissioner of labour in regard to
“industrial dispute” under the Industrial dispute act? 3. What are the powers of the minister of labour in
regard to “industrial dispute” under the Industrial dispute act?

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1. Industrial Dispute: An industrial dispute refers to a disagreement or conflict between employers

and employees, or between groups of employees, concerning employment terms, conditions,
and relations. These disputes may involve issues such as wages, working hours, benefits,
workplace conditions, or matters related to employment contracts. Industrial disputes can
manifest as strikes, lockouts, protests, or other forms of collective action. Resolving industrial
disputes is crucial for maintaining industrial peace and fostering productive relationships
between employers and employees.

2. Powers of the Commissioner of Labour (under the Industrial Dispute Act): The powers of the
Commissioner of Labour, as outlined in the Industrial Dispute Act (or similar legislation
depending on the jurisdiction), may include:

a) Conciliation: The Commissioner has the authority to mediate and facilitate the resolution of industrial
disputes through conciliation. This involves bringing the parties together, identifying issues, and assisting
them in reaching a mutually acceptable agreement.

b) Investigation: The Commissioner may investigate industrial disputes to gather relevant information
and understand the nature and causes of the conflict. This investigation can contribute to informed
decision-making during the conciliation process.

c) Recommendation: In cases where conciliation efforts do not lead to a resolution, the Commissioner
may make recommendations for settlement based on their assessment of the dispute. These
recommendations are non-binding but can serve as guidance for the parties involved.

d) Referral to Industrial Court or Tribunal: In some jurisdictions, the Commissioner may have the
authority to refer unresolved disputes to an Industrial Court or Tribunal for adjudication if the parties
cannot reach a voluntary agreement.

3. Powers of the Minister of Labour (under the Industrial Dispute Act): The powers of the
Minister of Labour, under the Industrial Dispute Act or similar legislation, may include:

a) Policy Formulation: The Minister has the authority to formulate and implement policies related to
industrial relations and the resolution of industrial disputes. This may involve developing guidelines and
regulations to govern employer-employee relationships.

b) Appointment of Conciliators or Arbitrators: The Minister may appoint conciliators or arbitrators to

assist in the resolution of disputes. These individuals may have the authority to mediate or make binding
decisions to resolve conflicts.
c) Emergency Powers: In certain situations, the Minister may be granted emergency powers to
intervene in industrial disputes that pose a significant threat to public order or the economy. This could
include the power to issue directives or orders to address the dispute promptly.

d) Enforcement of Awards: The Minister may be responsible for enforcing awards or decisions made by
Industrial Courts or Tribunals, ensuring that parties comply with the resolutions reached through the
dispute resolution process.