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Major Attributes of EU Law and English Legal System

   

Added on  2023-01-09

20 Pages7828 Words70 Views
BUSINESS LAW
Major Attributes of EU Law and English Legal System_1
TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
1. MAJOR ATTRIBUTES OF EU LAW AND ENGLISH LEGAL SYSTEM.............................4
1.1 Statutory interpretations’ main rules.....................................................................................4
1.2 Differences between criminal and civil law..........................................................................4
1.3 Ways in which European Union law is created and the impact of the law of EU in the UK 5
1.4 The English legal system’s features......................................................................................7
2. CONTRACTUAL LAW.............................................................................................................7
2.1 Main requirements of legal contract......................................................................................7
2.2 Nature and remedies for misrepresentation...........................................................................8
2.3 Types of contracts that are illegal..........................................................................................9
2.4 Creation and discharge of contracts.....................................................................................10
3. LEGAL REQUIREMENTS FOR SALE OF GOODS ACT.....................................................10
3.1 Rules on passing of ownership............................................................................................10
3.2 Duties of buyer and seller....................................................................................................11
3.3 Remedies for buyer and seller in case of breach.................................................................12
4. INTELLECTUAL PROPERTY RIGHTS AND CREDIT TRANSACTIONS........................13
4.1 A company’s legal characteristics as compare to partnership and sole trader under
company act 2006......................................................................................................................13
4.2 Process of appointment and removal of directors................................................................14
4.3 Ways in which limited companies or ventures are managed and controlled.......................14
4.4 Creditors responsibility for misrepresentations of dealer and breaches of contract under
consumer credit act 1974...........................................................................................................15
4.5 The essential copyright’s nature..........................................................................................16
CONCLUSION..............................................................................................................................16
REFERENCES..............................................................................................................................18
Major Attributes of EU Law and English Legal System_2
INTRODUCTION
Business laws are defined as all such legislations that are applicable over the company. Different
legislations are applicable over the company. Business laws involve all corporate laws and all
other legislation company need to cope up with in order to conduct the business operations.
Government also implement various laws and regulations over company to conduct the business
operations (Casasola, 2019). Laws and regulations are the legal requirements every organisation
needs to cope up with in order to channelize the business operations. Legal structure involve all
acts and laws applicable over the company and also the regulations government from its side has
opposed over the company as a part of the business operations.
All the regulations has opposed on the company as a part of the business law are the mandatory
requirement company needs to fulfil in any case in order to sustain in the business function. In
case the company and organisation fails to cope up with the regulations associated with the
business law than the consequences the organisation would face as a result of the action. In case
of mandatory obligations it is important for the company to deal with the regulations. This report
would analysis about the different aspects related to business law. The implications of these
business laws would be analyse in detail in this report. Henceforth, report will emphasis on main
features associated with EU law and the English Legal System. Main rules and regulated would
be analyse in detail related to English legal system would be analyse (Nicholson and
Pakgohar,2020). This report would also overlook on the legal material related to the contract.
Main requirements of contract would identify in this report.
In case of any breach what would be the possible causes would also analyse in this report.
Different types of contract would also understand tin this report. Furthermore, report will also
understand the key feature and legal requirements related to sale of good act. What are the
credentials related to sale of good would be understand in this report. What are the key duties
buyer and seller need to meet in case of selling any good to other person. Legal characteristics of
company would also analyse and also the main features related to credit transaction and
intellectual property right. Legal characteristics would be detailed analysis in this report.
Different ways in which limited company would be control and manage will also be discussed in
this report. Creditor responsibility in case of misrepresentation and breach of consumer credit act
1974. Copy right would be discuss in detail in this file.
3
Major Attributes of EU Law and English Legal System_3
1. MAJOR ATTRIBUTES OF EU LAW AND ENGLISH LEGAL SYSTEM
1.1 Statutory interpretations’ main rules
There are lots of rules are exists within the UK’s and EU’s statutory interpretations.
Every person and every business within the UK are responsible to follow or adhere these
different rules of statutory interpretations (Turnerand Amirnuddin, 2018). Basically, there are
three types of rules exists within the UK of statutory interpretations called; the literal rule,the
mischief rule, and the golden rule. In this situation, some judges within this country prefer only
one rule of statutory interpretations, some judges consider two rules, and some of prefers all
rules of statutory interpretations according to their conformability. In this situation, these all
rules of statutory interpretations have been discussed below;
The literal rule: This is one of the key rules in the UK’s statutory interpretations. Basically, the
literal rule is known as the first rule that judges applied in their daily legal operations. According
to this rule, the parliament’s intension is the best found within the natural and ordinary
description. This rule of statutory interpretations generally provides a specific framework to
different judges within this country for effectively maintaining an ethicalness within the whole
country’s legal system.
The mischief rule:The mischief rule is another key rule of statutory interpretations that is
traditionally English courts has applied in their daily operations of legal system. While applying
this statutory interpretations’ mischief rule, a court of the United Kingdom is necessarily asking
what the law’s part did the legislation not has covered, however, was meant for being rectified
through Parliament of this country for passing a bill.
The golden rule:Thisrule of statutory interpretations is basically a wayto anyone for treating
other people or businesses as it wants for being treated (Howell, 2020). This rule is the maxim
which is found in lots of religions, ethnicities& cultures. This rule can be considered as an ethical
framework of reciprocity withinfew religions& cultures, although various religions treat the
golden rule differently.
1.2 Differences between criminal and civil law
According to the UK’s law system, there are civil law and criminal law are completely
different from each other. Basically, the UK’s parliament and EU has made civil law for solving
various disputes and conflicts between, people, individuals, organisations and businesses. On the
other side, there are reason behind formulation of criminal law is to punish and penalised person
4
Major Attributes of EU Law and English Legal System_4

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