Business Law Assignment
Added on 2020-12-26
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Business Law
Table of ContentsINTRODUCTION...........................................................................................................................1Q1. Define the terms 'appellant' and 'respondent'.......................................................................1Q2. Appellant in the case of Cutter v Eagle Star Insurance Co. Ltd...........................................1Q3. Meaning of reversing a previous judgement........................................................................2Q4. Give two examples from Lord Clyde's judgement illustrating how his lordship usedintrinsic aids to statutory interpretation to define the term 'road' ...............................................2Q5. Give one example from Lord Clyde's judgement in the case which illustrate his lordshipwas applied through extrinsic aids to statutory interpretation to define the term road...............2Q6. What, according to Lord Clyde, are two factors a court should consider whenever it isasked to decide whether a location/a place/ a space qualifies as a 'road'?..................................3Q7. Using your own words explain why, according to Lord Clyde, a car park could never beviewed as a road except in the most exceptional of circumstances............................................3Q8. When Lord Clyde concluded that a car park could never be viewed as a road except inmost exceptional of circumstances by producing evidence about which rule was applied in thecase law.......................................................................................................................................4Q9. why could we describe Lord Clyde's comments about the purpose of Road Traffic Act,1988 as comments that were made obiter?.................................................................................4Q10. Arguably a judge's primary role is to identify, state, and apply the law, it is not a judge'srole to create the law. Did Lord Clyde fulfil that role in this case or did he exceed that role? ..4Q11. Determination of whether an offence has been committed by the individual or not.........4CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................6
INTRODUCTIONBusiness law is body of legislation and rules that regulate transactions of an organizationheld during ordinary course of business. An entity can not operate without complying with suchlaws. It has two distinct parts viz. Laws governing company, partnership, agency and bankruptcyand laws applicable on contracts (Chiapello, 2017). The report covers definition of appellant andrespondent, explanation of situations when a judgement is reversed, and usage of intrinsic andextrinsic aids to statutory interpretation. Further, the report will consist of answers to variousquestions asked based on a case report for Clarke v General Accident Fire and Life Assurance. Q1. Define the terms 'appellant' and 'respondent'.Appellant is a person or entity who applies for appeal in superior court regardingjudgement passed by an inferior court. The party may request to reverse or alter the decision. Onthe other hand, the party against whom appeal has been filed is called appellee. Appellant mayalso referred to as petitioner in some cases (Meaning of Appellant, 2019). Respondent is the party against whom a case has been filed and has a duty to answer theclaims raised by petitioner or appellant in the court. Respondent can be either the plaintiff or thedefendant from the court, due to the reason that both of them have authority to file for an appeal.A respondent will act according to judgement so passed in the appeal. These two terms are generally used in civil court cases and in criminal proceedings theword “defendant” replaces the word “respondent”. Q2. Appellant in the case of Cutter v Eagle Star Insurance Co. Ltd.In the case of Cutter v Eagle Star Insurance Co. Ltd., appellant was Stuart RichardCutter, who appealed against a judgement passed by Deputy Judge Kee who tuned down claimsmade by him against the respondent. This case was about a accident of car that was parked onthe road. Further, the definition of road was explained according to specific section provided inthe Act applicable to the case (Villiers and Mähönen, 2015). The case was decided afterdetermining circumstances and legal meaning of the word road. The judgement passed by Judge Kee was reversed with a new decision in whichrespondent's claims were satisfied in full after examining all the evidence provided by Cutter.This case is taken as a base on which many other cases have been determined.
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