Legal Obligations and Conditions of Contract

This document discusses legal obligations and conditions of contract, focusing on topics such as manslaughter, bribery, breach of contract, and professional negligence. It provides an overview of each topic, explores relevant case laws, and highlights their implications. The document emphasizes the importance of understanding and complying with legal obligations in order to maintain a smooth running contract.

LEGAL OBLIGATIONS
AND CONDITIONS OF
CONTRACT

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
a) Manslaughter...........................................................................................................................1
b) Bribery....................................................................................................................................3
c) Breach of contract...................................................................................................................5
d) Professional Negligence ........................................................................................................7
CONCLUSION..............................................................................................................................10
REFRENCES.................................................................................................................................11

INTRODUCTION
Legal obligations are those types of duties which are formed in order to perform some
action which does not violate any kind of laws present in a nation. This means amendments
which are done for maintaining discipline and are to be performed by all peoples living in it such
kind of duties are known as legal obligations. Scope of these obligations are wide and dynamic
because duties cover all kind of aspects present in a society. Contract law are those which are
required to form an agreement and converting it into legal contract. These laws are required to
follow certain kinds of conditions which are necessary for smooth running of a contract.
Conditions of such nature are known as conditions of contract. Conditions of contract also
means duties which are decided by parties at the time of entering into a contract. Duties given in
an contract are mandatory to be followed by both parties to keep contract alive. In this files
things which are going to be covered are crime, contract and trot. Also ten case scenarios are
going to be discussed regarding any one of these topic like manslaughter or health and safety,
bribery, breach of contract, professional negligence.
MAIN BODY
a) Manslaughter
It means a unlawful killing of another person which is not considered to be a murder. As
situation or circumstances accruing at that very point of time when killing is done. It is that kind
of charger which is put by prosecution when plaining of committing crime is not done by
accused. Such kinds of crimes are to be proved only after analysing of situation which has
occurred when killing is to be done. Difference between murder and manslaughter happens
when state of mind is determined (Lindsay, 2016). In murder malice, premeditation and planning
is required and in manslaughter unlawful killing is done of an human being without malice or
plaining. Only criminal negligence or recklessness of killing is involved. A manslaughter is
divided into two main types which are voluntary and involuntary manslaughter. In voluntary
manslaughter an act of killing is done which is defined as murder but killing has taken place
because of a kind of provocation done at that time (Governator. and et. al., 2018). If evidences of
adequate provocation is found then charges of murder can be reduced to voluntary manslaughter.
There are three situations which are given under it and they are as follows:
Recognising of mental state of mind at the time of committing of crime:
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This situation can better be understood better through a case law R v Byrne. In this case
appellant has murdered a young girl staying in a YWCA hostel (Cotterrell, 2018). After this
body was mutilated. Appellant did this because he was suffering from a mental condition of
irresistible impulse which made him loose his control. In this court held that ''abnormality of
mind'' is a very wider term that covers mind's activities in all aspect. This also covers ability of
using will power for controlling of physical acts. The term can only be justified over a very
different and rare condition which is different from an ordinary human being. So the defence
was reduced from murder to manslaughter. Other elements which result into abnormal state of
mind are jealousy, battered women syndrome, pre-menstrual tension, epilepsy and chronic
depression. In cases of these kind defendant must be able to prove characteristics that defines
abnormality of mind.
Abnormality should be provided with an explanation or act of omission done by the killing
party:
These kinds of issues are dealt under Homicides Act of 1957 which defines about
abnormality of mental functioning and explanation for defendants conduct. An abnormality is
caused due to the arrested or retarded developed of mind which is caused through an internal and
external factor creating impact upon mind. These factors are consumption of alcohol and drugs
it cannot be taken into account by court. An abnormality caused because of these factor has to be
checked properly. It can be better understood through an case law R v Stewart in this case
appellant was and chronic alcoholic sleeping in rough marble arch. He killed a man during the
course of his fight. Defence raised by him is of diminished responsibility. The jury rejected
defence made by him on the basis of alcohol dependency syndrome (Abotaleb. and El-Adaway,
2017). Appellant appeal on grounds of misdirection. In this court of appeal held that effect of
direction defence is not going to available because if the injury of drinking is done voluntary. It
cab be better understood through R v Wood in which Queen's bench held that appellant was
suffering from Alcohol induced brain damage and consumption of alcohol is done by a man
suffering from alcohol dependency syndrome. Further it was held that drink consumed is
voluntary because he accepted drinking after reaching an normal level. So his syndrome is
disregarded. Defendant is held liable.
Sustainability impaired persons mental ability
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There are three things which defines this condition of impaired sustainability of a persons
ability. They are understand nature of conduct,rational judgement and exercising of self-
control. After hearing and considering all medical evidence judiciary decides applicability of
this situation in a case (Del Conte. and Gramano, 2017). Complete loss of control and any
evidence for planing over the part of defendant can be presented. This can be used to prove
mental ability was not impaired. Case law related to this is R v Campbell, appellant has killed a
female hitch hiker when she refused sexual advance towards her. She wanted to go to London
from Oxford. Due to certain circumstances she Hittite appellant in the eye and he punched her
throat. She was coughing and blood started coming from her mouth. In a situation of panic
appellant began to strangle her. She got killed because of hockey stick hit around her throat. He
raised defence of provocation which was rejected by court. Defence of diminished responsibility
was not taken into consideration as his abnormality of mind has not sustainably impaired his
mental ability. Later on an appeal was made over the ground of diminished responsibility. It was
held by the court of appeal that conviction over the murder was dismissed and another order was
passed for retrial. Further it was found that evidence was not admissible because defence has
failed to advance the trial due to lack of knowledge of medical instead of tactical reasons.
Raising diminished responsibility on appeal this is only granted when defence of diminished
responsibility during trial and the court of appeal has to admit fresh evidence for this. Court in
particular cases or situation allows fresh evidence if diminished responsibility has been raised
out of tactical reasons. Fresh evidences are observed more in this situation only when medical
evidences has been tampered since the time of trial (Sander, 2016). In involuntary man slaughter
two types are there constructive in which three elements are there ( presence of an unlawful act,
must be dangerous and act must cause death). In this mens rea of murder is absent but an
unlawful and dangerous act has taken place which has resulted into death. Other one is gross
negligence manslaughter in which a defendant has acted lawfully and his intention is to cause
death not boldly injury.
CONCLUSION
From the above topic it is clear that manslaughter is not like murder. Manslaughter means
unlawful killing of a person. Certain elements are also mentioned which are required to prove
this crime and they are defining mental state of a person at the time of committing crime, if any
kind of mental issue is their then proper valid discussion is required to be explained. Also
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sustainability impaired mental ability. All these conditions are to be presented in order to prove
conduct of this crime. After this case laws has been explained regarding these.
b) Bribery
It is that kind of crime in which money is offered to a person in order to get some favour
from him. In another way this can be understood as an act of promising, giving, receiving or
agreeing to receive money or some other thing of valuable nature, with an corrupt intention in
order to influence an public officer for gaining favour from him. Definition of bribery has been
expanded and has involved all government officials and public employees under it. Special
jurisdiction has been amended and enacted as per various jurisdiction. Some code also penalizes
bribery in to various classes. Appeal of bribery is done in order to full fill desire for money on
both part of giver and recipient (Ladd, 2017). Bribery among government employees is most
likely to occur and has become main cause of corruption. In recent times there has been a lot of
in crease in crimes of such nature as more and more people are taking bribe or giving briber in
order to get there work done and to full fill there motive. At some public offices money collected
through bribe is distributed in certain ratio. Removal of bribe has become a prime form of crime
and is emerging at very fast rate. Bribery results into corruption which plays major role in
emerging of crimes which are different in nature. In United Kingdom Serious Fraud Office(SFO)
has observed a drastic change in percentage of crime related to bribery. Prosecution Brought by
UK's Serious Fraud Office. A court of UK has ordered an entity to pay fifteen million euro and
one point four billion euro. After being convicted for corruption charges for securing an
infrastructure contract in Tunisia. Key features are as follows on April 2018 Alstom Network
UK was convicted for a conspiracy of corruption. An intermediary called has been made to
Construction et Gestion Nevco Inc of two point four million euro. This was done to secure an
seventy nine point nine million out of a contract with Transtu, who is running Tunis Motor. As
per SFO bribes are being paid to the brother-in-law of president of Tunisa. In order to create
satisfaction among internal complacence and make agreement with Nevco appear to be a
legitimate contract, which has helped to make paper work easier for smooth flow of services.
Later on it was acknowledged by Alstom network and it decided no to pay 240000 euros in its
orignal contract of two point sixty four million euro. Two persons Graham Hill and Robert Hallet
along with Alstom Network UK was acquitted in trial of corruption. The case is the latest series
of concerning SFO's investiagtion and proceedings are brought against Alstom who convicted
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them for conspiracy of corruption (Čerka, Grigienė. and Sirbikytė, 2017). SFO was formed
during year 1980 because of rising rate of fraud which shook confidence of public over existing
laws of that time. After the report of Fraud Trials Committee Report 1986 which recommended
the creation of an organisation for dealing with the frauds taking place in society. After one year
SFO got official recognition under Criminal Justice Act 1987. It imposed Bribery Act 2010.
Since its very existence role of this organisation has been very crucial in reducing cases of
corruption and bribery. Bribery is an issue that is related to society at larger, as it result in
decline of progress of a country. This also makes people commit fraud in order to gain money
and full fill there own motive from it (Smits, 2017). In business sector many big business
enterprises has taken loans from bank and are not able to pay them and gives them bribe for not
letting them come into records. Then later on they runs away and does not do the payments. Still
lot of improvement is required to be taken for stopping of bribery. As it is increasing day by day
and has become a very big problem for society. Bribery is rooted from very root level in almost
every country and can be eradicated if moral values of persons are stronger and motivated. This
has lead to a problem of corruption which has created increase in white collar crime. Main
reason for increase in bribery is greediness for money. This can be stopped by saying no to
corruption and raising voice against corrupt practices which are taking place around us and
should boost moral values of children. More awareness regarding laws related to this should be
there. Amendments has to be made in the acts of UK. More Powers should be given to tribunals
who are dealing with such issues. In an report of Transparency Intentional has shown bribery in
business segment has increased about fifty three percent in the year 2009. Bribery is an wide
spread economic crime of developing world. In order to make cost benefits lot of companies
does not pay tax and keep the money with themselves. This types of crimes has increased
because of weal accountability of public institutions, poor civil society, lower educational
qualifications and weak economic policy.
CONCLUSION
Bribery is a crime that is related to corruption. In this government officials and all higher
authority officers are involved. These kind of crime results into various problems within society.
Crimes of these nature are committed to full fill personal motive and earn extra money out of I
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c) Breach of contract
This deals with any kind of breach that is done regarding agreed terms and conditions
which are mentioned in an contact. In a simple manner these are breach of those duties that is
responsible for binding of contract. The breach can take place because of any kind of reason like
doing late payment to a more serious violation (Lachman, 2017). To claim in such kind of cases,
claimant must first prove that breach has accrued in duration of contract. Further this can be
understood as when one party has break agreement between two or more parties. Such breaks in
agreement is done because of violation of any guideline which has been done from both sides or
through anyone of them. Breach of contract takes place in both written and oral form of contract.
Issues of such kind can be solved in court or among parties themselves. Breach of contract is of
different types like contractual breach, including minor or material breach of contract. Validity
of a contract is very important because an invalid contract cannot be consider as a contract at all.
A contract can be discharged through various ways through performance, agreement, breach and
frustrated contract.
Discharge by performance
This kind of breach takes place because of discharge of performance from any parties.
This means that if any one of the party fails to perform its part in a contract. Three things are
there in this contract and they are divisible or severable contract (Gewirth, 2017). Discharge by
contract in this both the parties brings the contract to an end and releases each other from its
contractual obligation. This means that if any of the parties has not followed guidelines of
contract and has broken it then the contract is going to be discharged. After this there is
Discharge by breach of contract in this there is breach of conditions exists. This is going
enable the innocent party to bring contract to an end. Through this additional claims over damage
can be done. Contract of discharge can be achieved by breach of warranty. Under this
Anticipatory breach is there in which an intention of not performing contractual obligation is
seen and whether breach has actually occurred or not. Relevant case laws related to this are
Hochster v De la Tour in this claimant is agreed to be an courier boy for defendant. Time
period of three months starting from 1st June. On 11th may defendant has written to claimant
saying that he does not wanted services and has refused to pay compensation for it. A service
contract has taken place between them but it did not started until 4th July. Action brought by
claimant for breach of contract on 22nd May (Fach Gomez, 2016.). Defendant argued that no
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breach of contract was there on 22nd May as contract did not started until 1st June. It was held by
the court that if one party has communicated their intentions of performing an contract . Then
other party does not has to wait till the breach or for its occurrence. In order to claim. They can
sue immediately or can also choose to continue with contract and wait for breach. In White and
Carter(Councils) Ltd v McGregor in this case claimant has supplied bins to local authority and
advertisement of these bins has to be done. A garage is owned by defendant. Defendants sales
manager entered in an contract with the claimant for advertising of bill for period of 3 years.
Agreed price has to be paid through annual instalments and if any instalment is missed then
whole payment has to become due. Sales manager was not authorised to enter into contract and
phoned the claimant stating that he does not want advertising. Claimant has ignored defendant 's
communication and arranged plates to be placed over bin. As first instalment is not paid and
claimant submitted bill of full three years. In this case court held that claimant is not obliged for
accepting any kind of breach of contract. As contract is also continued by him. Over that full
payment of three years was shown and only one instalment is done. This is ignoring general rule
of contract (Vergun. and Avramenko, 2016). So now mitigation of loss should be applied to
claim damages. In Avery v Bowden through a contract of claim it was decided by defendant to
carry cargo for defendant. At the time claimant arrived early to cargo and defendant said to him
that he does not have any cargo for them to carry on sales. Also cargo cannot be arranged upon
agreed date. It was decided by claimant to wait around in the hope of getting cargo through
defendant . However before the date contract was supposed to come into forced and shipped the
Crimean war broke out and the contract become frustrated. So right to sue for breach of contract
is lost by claimant. If contract would have been brought immediately in to action then, claim
asked by them is going to be valid or else it becomes voidable contract. A Frustrated contract
is that kind of contract in which there is existence of a change in circumstances. After this the
contract has been made in which there is no fault of either of parties. This has rendered the
contract which is either impossible to perform or contract has been deprived for its commercial
purpose. If an contract is found to be in frustrated condition. Then obligation mentioned in an
contract for any future purpose is going to disabled which means parties are going to be free
from obligations. Then neither of the parties can be allowed to sue each other for breach of
contract. All the loss is decided as per the laws and guidance given under act related to
Frustrated Contract. This is how a contract of frustration takes place.
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CONCLUSION
Breach of contract is breaking of rules set-up by both the parties at the time while
entering into an contract. If any of parties violates regulation of an agreement taken place
between them, it results into breach of contract. Various conditions are also explained which
results into such breach.
d) Professional Negligence
Professional negligence is an breach of duty of care which occurs between professionals
and its clients. This is kind of common law agreement that encourages professional ethics of a
professional and also from side of other party. Standards are also taken into consideration, these
are to be taken care by all persons who are maintaining professionalism (Solís-Rodríguez. and
González-Díaz, 2017). In medical profession negligence is most commonly seen because of
malpractices which take place regarding forgery of selling medicine, doctors performing illegal
operations and other malpractices done by medical professionals. Further to understand this
concept example is a patience expects, doctor and its helpers to follow standards for preventing
harm and distress till the time patience is under doctors care. If any negligence is done on part of
doctor while performing his duties towards patience. At the time of performing duty of care
negligence is done on part of doctor then penalties and punishment is going to be applied upon
him (Beckers, 2017). There are various forms of professional negligence done in different
professions as main element which causes professional negligence is 'professional ethics'. A
lawyer may also engage in legal malpractices, if he is not following proper ways which are
given under various laws. This is going to lead to 'reasonable attorney'. Proving such an illegal
activity witnesses and experts are required to prove breach of duty of care or professional
negligence. As per any condition in which an client is reliable over an profession for
accomplishing his task I which performing of duty is there. This can amount to professional
negligence. In case of builders and architecture if fails to perform duty of care towards owners
and tenants which is violating any government regulations. Then it also amounts to professional
negligence. 'Duty of care' is very broad and dynamic in nature as it involves lot of aspects
related to an individual and his or her protection, against any kind of activity which is going to
harm them. It includes those circumstance and relationship in which the law is recognised for
giving rise to an legal duty of taking care. If any kind of failure occurs in preforming of such
duty then party, who has done breach is liable for paying damages to other party suffering from
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injuries. In this main element should be proved that is duty of care should exists. Different kinds
of test are applicable in various situations of loss. Under this various situations are there and they
are as follows:
Duty of care upon personal injury and property damage this kinds of situation duty
of personal care occurs only when any damage has been made to a property or any destruction is
caused towards it (Howse, 2016). Then breach of duty of care can occur. Also if there is any kind
of personal injury that is caused to an individual. In such case breach of duty of care can happen.
To better understand both the situations a Lord Atkin's neighbour test is there. This is
understood through case law Donoghue v Stevenson. In this case Mrs Donoghue went inside a
cafe with his friends. Her friend ordered a bottle of ginger beer with ice cream for her. As Mr
Donoghue poured half of bottle content over ice cream, she also drank some of content. After
eating some of ice cream , she again started to pour remaining content over her ice cream. As she
was pouring remaining content a snail emerged out of bottle. Due to this she suffered from
personal injury. For this purpose she want a claim against manufacturer of ginger beer. Court
held that modern law of negligence and established neighbour test is applicable in this case.
Claim made by Mrs Donoghue is successful and she should get the claim. Further adding in this
rule of love your neighbour makes a person to take care of not injuring neighbour. A reasonable
care must be taken if injury has been caused to neighbour. Neighbours are the persons which are
directly affected through an act caused by a person or an organisation of any type. So, after
observing all possible situations regarding the claim. Court ordered that claimant can claim from
the manufacturer of ginger beer (Sillaber and Waltl, 2017). Two requirements are to be full
filled for proving breach of duty of care and they are 'Reasonable foresight of harm' and
'Relationship of proximity'. Case law related to this is Topp v London Country in this case
defendant owns a bus company and left a mini-bus in a lay-by condition overnight. Bus was left
in an unlock situation and keys were in ignition. Driver hired to pick up the bus did not turn up
for his shift. As a result of this bus was stolen by thieves and they droved it away. After this the
bus knocked off a woman who was driving bicycle and killed her. Now the husband of woman
seeks for compensation and has brought action for damages. Court held in this case that bus
company did not owe any duty of care for the act committed by a third party (Shermin, 2017). So
it is not foreseeable for the thieves to take away bus and run a woman off her bicycle. Another
case is of Home Office v Dorset Yacht Co Ltd , in this case some young persons were doing
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an supervise work on Brown Sea Island which comes under the Borstal regime. At one night the
Brostal officer went back from his work in evening leaving the boys in an unsupervised state. All
the seven escaped from the place and also stole a boat that was collided with an Yacht. This
Yacht was owned by claimant. Court held in this situation that home office owes a duty of care
because of omission done on there behalf. As they were having control over any actions of third
party. Damage was also caused by third party only. So, damaged caused is foreseeable and it was
obvious that it is going to result into harm due to third parties action. After analysing facts court
held Home office liable for damages and ordered to given compensation to other party. In Anns
v Merton London Borough Council, two stage test was introduced in which two conditions
were there. Firstly to do examination of whether the loss is reasonable or not and does a
relationship of proximity existed. Main element is prime facie for arising of duty of care.
Secondly policy of consideration put forward by defendant to negate liability. Then comes
incremental approach in this Ann test was overruled because of its wider scope. After the case
of 'Caparo Industries Plc v Dickman three stages of imposing of duty of care come into
existence. This is named as Caparo test which consists of three things for applying the test.
Harm must be reasonable and force able, relationship of proximity should be there and duty of
care should have been imposed in fair, just and reasonable manner. It cab be observed that first
two points are carried from original neighbour test . This also denotes same thing under Ann's
test. Major difference between Caparo and Ann's test is that claimant must put forward proper
reason in order to impose liability where as in Ann's test liability is going to arise only when
claimant has established reasonable foresight and proximity(Leskinen. and Elizalde, 2018) .
Demonstration of policy factors for negation liability.
CONCLUSION
Professional negligence is related to any kind of situation in which and professional has
violated his professional ethics, that has resulted in breach of duty of care. Such kinds of
negligence can be proved only when witnesses are there. Also such crime causes sever injury
and damage to an person or individual.
CONCLUSION
From the above file concept of crime that deals with activities taking place in a society
which are creating problem in its upliftment. Concept of tort which deals with an crime against
individual and also contract which deals with formation of legal agreement between two parties.
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Then manslaughter which means unlawful killing of persons but is not considered as crime.
Bribery which means taking money to full fill ones personal motive this give rise to corruption at
large scale. Breach of contract which means when violation of any rule in agreement has been
done by any of the party. Then comes professional negligence in which duty of care is violated
because of any unlawful act don by an professional. Case laws are explained regarding all the
concepts to make them more clear.
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REFRENCES
Books and journals
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