Legal Obligations and Conditions of 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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