English Legal System: Sources of Law, Contract, Negligence, Precedent, Nuisance, Incorporation of Company

EXAM

PART A
1. The English Legal System refers to the law which regulates England, Scotland,Wales and
Ireland.
2. The sources of English Law are statutes, case law and order of council whereas Order of
European Commission is not source of this legal system.
3. The contract becomes legally enforceable when conditions like offer, acceptance,
consideration and intention to form legal relation exists.
4. The minimum age criteria for director appointment is 21 years .
5. The UK Company requires one person to form an organization.
PART B
 Describe the principal characteristics of the legal system of England and Wales,
inclusive of court Structure, the judiciary, lawyers, and lay participation in the
system?
The legal system of United Kingdom withholds monarchical regulation where one person has the
sole leadership authorities who is enumerated as Head of the State which prescribes certain role,
responsibility,obligation, rights, operation of function which are prescribed by treaties established
by law. It is generally recognized that person having such authorization over individuals are neutral
in nature which means that their action must non partial and non bias nature executing, making and
adjudicating laws in regulation of society. The operation of law in England and Wales territory is
governed by English legal system which collaborates the legislation enacted and creates as
precedence form in tribunals interpreted in sources like case law. The Parliament has major and
crucial power to pass such laws which is established mainly categorizing two houses which are
House of Commons and House of Lords. Where the prior comprises electoral power by Citizens
and Head of State which is also namely the part of such institution. On other hand, judicial powers
are under the jurisdiction of courts and tribunals where judicial officer has obligation to interpret
legislation and adjudicate the matter relating to all aspects of law mainly civil and criminal law. The
hierarchy of court structure are prescribed as Supreme Court being at apex position which is
regarded as last resort for filing appeal for their grievances and dealing with scenario covered under
jurisdiction of UK case laws. The second category is Court of Appeal which is divided into civil and
criminal court of appeal which in fist case are dealt by High Court and country court which are less
serious while latter consist of appeals laid in Crown division. Whereas, third division is appellate
tribunal known as High Court which includes family division, queen bench regulating cases of
contract and commercial law, divisional court, administrative bench, Chancery tribunal ad so on.
The main branch of tribunals as crown courts deals criminal cases transferred from magistrate

bench relating to penalization, magistrate tribunal tries summary court includes proceeding of
crown and family courts. County tribunal deals with civil cases.
 What is tort. Narrate in detail Tort of negligence and breach of duty of care?
The concept of tort is a legal wrong where one person is victim of the wrong committed by other
person. Where person performing their function tortuous liability causing in liquidated damages to
person aggrieved for such loss and damages. The law of torts is unmodified law. It involves various
elements which can arise and lead to careless action on other person part one such is negligence.
Where it includes such factor evolving from fault of other person careless attitude. In the case of
Donoghue v. Stevenson where House of Lords laid down decision in their ruling that an individual
cannot sue or make other person liable for losses and damages incurred on first party where there
was no contractual obligation on other person.
After this case House of Lord interpreted relevance of duty to take care as significant requisite of
negligence. These forms of law are mainly seen between neighbors, employer-customer liability to
take care and son on. It includes three main requisites for claiming compensation against negligence
when these essential are complied which are duty of care, breach of obligation where such person
has responsibility and such duty arises where person caused loss and damages in reasonable
circumstances where an individual could avoid such omission. The majors element is duty of care
which is arises from the above case mentioned which obligates an individual owing responsibility
where its actions are closely linked with interest of another affecting them. In the case of Anns v.
Merton London Borough Council, restricted the concept of this element introducing terms like
fairness and proximity of taking due care which is includes in reasonable circumstances in general.
On other hand breach of duty, cases are presented before tribunal where person violated their
obligation underlying duty to care where onus of proof lies on alleged individual for proving their
innocence. There are certain guidelines which are laid to determine reasonable individual
performing its actions furthermore to violation resulting aggrieved in weak position. These acts of
defendant are one at place of employment, societal obligation on alleged,high proportionate of peril
is involved, reasonable steps are taken by person in such situations defendant is not liable for
negligence.
 ‘What is law?’ and `why does the law exist?’ Discuss and explain some of the main
theories relating to ‘Sources of Law’
Law is collection of rules, regulation, ordinance, standard and criteria which is set in society by
legislators or law makers directing its administration in society further obligating individuals to
follow them. The influence of these are displayed in administering of social groups which are stated
in codified format effectively within their jurisdiction. These legislation regulates domination and
authorization over behaviour of citizens but such authorities cannot deprive individuals from their