Classification and Sources of Law in UK: A Study on Tort Law
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This report provides an analysis of the classification and sources of law in the UK, with a focus on tort law. It covers the role of courts, case law, methods of making legislation, and delegated legislation. The report also discusses the duty of care, causation, and vicarious liability in tort law.
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Table of Contents INTRODUCTION..........................................................................................................................3 PART 1 (Classification of law)........................................................................................................3 Analyse laws and also identification with legal systems in UK................................................3 Classification of laws made in English Legal system.................................................................4 Role of Courts.............................................................................................................................4 PART 2 (Source of Law).................................................................................................................5 Elaborate and define Case law....................................................................................................5 Explain methods of making Legislation.....................................................................................5 Elaborate meaning and examples of Delegated Legislation......................................................6 PART 3 (UK Law making process).................................................................................................6 Law of Torts................................................................................................................................6 CONCLUSION...............................................................................................................................7 REFERENCES................................................................................................................................8
INTRODUCTION In the emerging time there is been seen that there is a lot more emphasis on the smooth functioning of business. It involves all the legality and the security as in context to UK. Their is a being seen that in all the changing time there is some amendments and necessary changes that are being led in legal areas. Law comprise of all the rules and regulations with the body of practises that are being made under it. In order to manage proper working and protection in the society there is being involved all the legislation and the core practises that are related to it. The organisations will have to manage all the legal issues and their working(Pastorini and et. al. 2018).In this report a sources of law along with classification in criminal and the civil matters are made. It will also provide all the statutory duties which are being led out in employment law. PART 1 (Classification of law) Analyse laws and also identification with legal systems in UK. It is a supreme authority which promotes all the regulations and the rules with the help of government and all the supreme legislative authority. It considers to have all the systematic approach in which the work and the rights are properly being managed according to the principles which are being led out in individuals. The legal system manages and provide all the individuals to behave and maintain their working according to the work and the analysation. UK has unwritten constitution in which it is not wholly codified. Their involves all the house of Lords and House of Commons the two important houses which will deal with the law making process.TheHouseofcommonsmanagesthelawimplementingandformulatingin authoritative sense. Whereas, house of lords are generally the one which examines, investigates and manages all the work and functions with bills and their embedded areas. Their is also considered that the common law or the judge made law plays an important role as they promotes all the rules and the regulations which are being made by the judges while giving judgements and that creates a binding impact on all the individuals. Law in UK reflects all the systematic approach with regulating and imposing work and management(Infantino, 2021).
Classification of laws made in English Legal system Their are certain laws which creates a major impact on all the legal system and their working with change in the management and also with all the abiding conditions in the society they are mainly:ï‚·Civil law-This law considers to be an important source for all the protection and the property rights and also provides the vary nature through which the organisation and the business can be managed in proper manner. It involves all such issues which are concerned with property and variable injury on person basis. The civil court reflects and manage the family disputes, personal injury and all the rights in relation to property. The major cases regarding the rights of the property are being taken through county court, supreme court and high court. Here the remedies that are being decided under it are like damages, injunction and compensatory issues. All these are made in order to protect the person and their personal rights(Silchenko, 2018). ï‚·Criminal law-there is analysed that it is important tp protect the rights and the duties of the individual and to manage and make them feel safe in the society. For this criminal law is made it gives all the rights and the rules in which the person should have to work. They are mainly all such conditions in which all the offences and the issues are covered. It includes all the heinous offences like murder, rape, sexual assault, fraud and many more. The courts which will deal in all such matters are like youth justice court, crown court, Queens bench, supreme court and High court. The punishment which are being decided under this is imprisonment, fine and even death penalty. The main reason for all theses criminal law is to manage the endurance and also legality through which all effectiveness can be concerned(Sharma, 2020). Role of Courtsï‚·Highcourt-HerMajestyHighcourtLondonisknownfortheirworkingand management in which all the appeals from the lower courts are managed. All the previous decisions which were being made earlier creates a binding impact on all. It involves all the issues in relation to Chancery divisions, Queens bench, family court and many more. In all such areas there is being seen that two or judges are involved in the divisional bench and queens bench considers to have single bench to mange all the decisions making. All the appeals which are made as in contrast to the decisions that are being
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given in the high court will be embedded in supreme court. They manage the decision making and general process of working. ï‚·Supreme court-It is the superior court which is concerned with all the final judgements and matters that are embedded in it. Their is been seen that it convolves all the responsibilities and powers through which the decision raised by them will be final and applicable on all. No appeal can be raised once the decision is being given by the supreme court. It maintain law and order and their involves all the rules and regulations to be concerned for the general public importance. PART 2 (Source of Law) Elaborate and define Case law The doctrine of judicial precedents are concerned top be a factor of case law. It is mainly the laws and the judgement which are being given by the superior court while dealing in any landmark cases by analysing all the facts, evidence. The judgement which are given by judges will not only be binding on the parties but also on the society and the other future cases in any of thesameformationofscenarios(PokhodzyloandMalenko,2019).Thismanagesthe constitutionality and the management through which the relevancy is concerned. UK has unwritten constitution and there is being seen that all those areas and cases where the protection of the rights of the individuals life, dignity is managed it will be treated as an important core and helps in evaluating all the legality and effectiveness in future programs and judgements. The doctrine of stare decisive is mainly implied to stand on all which manages that all the judgement being raised will be severable important(Bur and Razman, 2017). Explain methods of making Legislation Legislation is mainly the enactment of law with all the rules and regulations in order to manage the working and the general abidance through which individuals get the law and the rights. In UK in order to make the framing of legislation their were bill is being passed among both the houses and this will cover certain stages before getting the amendments. Their involves that all the laws, culture and the rules are in framed within and this generates essential meaning through which necessary changes, amendments are made. Their involves that in all the bill loopholes are analysed and that creates a major changes in the framing of bill. The voting is also being made between the houses through which the laws and the framing of work can be
maintained. Once the bill gets the assent of the monarch then it will applied as a rule on all and will be applied on whole of UK. Elaborate meaning and examples of Delegated Legislation. This is the shifting the power to other subordinate authority it involves all the secondary legislation through which all the law making is managed and the functioning is carried out. Mainly the delegated legislation is given to all such person who are well aware with all the power and the knowledge about the concerned areas in their expertise. It manage all the capabilities through which the implications of rules are being made. This is a time saving process which promotes the proper law ,making system. The main concerning areas and example of delegated legislations are like regulations, by-laws, order, councils and many more. It is secondary legislation through which all the effective system and management are made and this provides the functions and the altering of power within different areas. The criteria for all such control is to manage all the legislation in proper way and to authorise the proper subordinates to mange it (DeFond, Lennox and Zhang, 2018). PART 3 (UK Law making process) Law of Torts Duty of Care in Tort of Negligence The individuals should always owes a duty of care towards other as while performing any act or function. This is one of the essential element of tort in which all the person have the responsibility to take all the care and caution while doing any act. The main focus through this is to avoid any kind of injury being made between the parties. Every persons should opt and manage the functions and the work in proper manner through which the harms and the issues can be avoided. In order to manage the functions their should be seems that all the harms should be avoided and their have to be taken all the substantial action for any kind of breach being seen over their. Negligence is mainly the breach of legal duty which was being on the person to take care of all the actions that are being performed by them. And this implies the duty to care for the person and their performance(Ge, 2019). Causation in Tort of Negligence This provides all the major branches in which the strict liability,negligence and intentional wrongs are concerned. This is a forseeability in which the person will have foreseen
all the conditions and try to avoid any kin of injury within their. This is mainly the proximate cause for forseeability through which all the tortious injuries can be foreseen and this implicate all the liabilities which are not being imposed in it. It focus on managing all the terms and the conditions in which reasonable forseeability will have to be made so as to avoid any kind of harm to the individuals. Their should not be any kind of intentional wrong being made between the working so as to manage the effectiveness of business and their general organisational context and working (Waldron, 2018). Vicarious Liability It is the responsibilities of any other persons act for the reasons and the cats which are being done by another. This usually happen s in the case where all the agents and principles use to work or in the case of master servant liability. Here the performance of act of servant or agent or their breach will effect and make the principles or master being liable for the work. All the liabilities and the issues are being commonly shared and they considers to mange the effective workingwithin their relation. For example, if construction is made by agent on behalf of principle and some miss-happening over that place will make them both liable for the issue. CONCLUSION From this report is is analysed that law is the command given by the superior authorities through which all the regulations and the legal implications are managed. It considers to have all the systematic working through which law making is enforced. UK comprise of unwritten constitution and there is mainly laws being make through bill is introduced in with the houses like commons and lords. The case laws are mainly the judges made law that provides judicial precedents over all the legislation and management. Further it is also analysed that, tort is a civil wrong and the vicarious liability is mainly when the one person is responsible for all the act performed by other.
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REFERENCES Books and Journals Silchenko, N., 2018. Problems of hierarchy of sources of law.Gosudarstvo i pravo, (4), pp.13- 20. Pokhodzylo, Y.M. and Malenko, V.V., 2019. Sources of Law of the Central Part of Spain Regulating Public Relations within the Territorial Society in the XI-The First Half of the XIV Century.L. & Innovative Soc'y, p.87. Ge, J., 2019. Sources of Consumer Contract Law. InA Comparative Analysis of Policing Consumer Contracts in China and the EU(pp. 33-74). Springer, Singapore Bur, A. and Razman, M.R., 2017. Application on the law of tort focusing on private nuisance towards sustainablity land conservation.International Information Institute (Tokyo). Information.20(9A). pp.6305-6311. Sharma, P., 2020. Economic Analysis of Tort Liability.International Journal of Law,6. Infantino, M., 2021. Book Review: Thomas Kadner Graziano, Comparative Tort Law. Cases, Materials and Exercises, Abingdon: Routledge, 2018. Pastorini, A., and et. al. 2018. Medico-legal aspects of tort law patient safeguards within the Gelli-Bianco piece of legislation.La Clinica Terapeutica.169(4). pp.e170-e177. Waldron, J., 2018. Legislation and moral neutrality. InLiberal neutrality(pp. 69-91). Routledge. DeFond, M.L., Lennox, C.S. and Zhang, J., 2018. The primacy of fair presentation: Evidence from PCAOB standards, federal legislation, and the courts.Accounting Horizons.32(3). pp.91- 100.