English Legal System, Tort Law, and Contract Law: A Study Material

This study material covers multiple-choice questions, short answer questions, and longer answer questions on the English Legal System, Tort Law, and Contract Law. It includes topics such as sources of law, elements of negligence claim, court structure, and more. The material also provides solved assignments, essays, and dissertations.

EXAM

Table of content
Section A………………………………………………………………………3
Section B………………………………………………………………………4
Section C………………………………………………………………………7
References……………………………………………………………………..9

Section A: Multiple-choice questions –
1) The English Legal System refers to the law in which of the following
countries?
a. England only
b. England and Wales
c. England, Scotland, and Wales
d. England, Scotland, Wales, and Northern Ireland
Answer- England, Scotland, Wales and Northern Ireland are the countries that refer to the
English Legal system.
2) Which of the following is NOT a source of English law?
a. Statute
b. Caselaw
c. Orders in Council
d. Orders of the European Commission
Answer- Orders of the European Commission is not a source of English Law.
3) Which of the following correctly describes the elements for a legally
enforceable contract:
a. Offer and acceptance
b. Offer, acceptance, and consideration
c. Offer, acceptance, consideration, and intention to form legal relations
d. Offer, acceptance, and intention to form legal relations
Answer- To form legal relations the elements that are legally enforceable the contract are
Offer, acceptance, consideration, and intention
4) What is the minimum age permitted for a person to be appointed as a director?
a. 16
b. 18
c. 21
d. No minimum age
Answer-21 year is the minimum age of being appointed as a Director.
5) How many persons are needed to form a UK company?
a. Two

b. One
c. Three
d. Four
Answer-One person is enough to form a company.
Section B: Short answer questions -
1) 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 (magistrates, juries and tribunal members).
Answer- The British system retains monarchical regulations, and one is the only power of
leadership listed as the head of state, which governs the specific roles, responsibilities,
obligations, rights, and operational procedures stipulated by statutory contracts. I have.
People with such authority are generally accepted to be inherently neutral to individuals, and
their actions are essentially partisan in order to enforce, enact, and judge laws that regulate
society. It suggests that it does not have to be unbiased. The application of law on the
territories of England and Wales is governed by the English System, which works with
enacted laws and sets precedents in courts interpreted by sources such as case law. Congress
has great and decisive power to pass such laws. These laws are mainly determined by the
classification of two houses, the House of Commons and the House of Commons. If, in
advance, the voting rights of citizens and heads of state that are part of the institution are
included. The jurisdiction, on the other hand, is under the jurisdiction of the court, and court
officials are obliged to interpret the law and determine the matter with reference to all aspects
of the law, primarily civil and code. The hierarchy of court structure stipulates that the
Supreme Court is at the top to complain about him or her and deal with scenarios within the
jurisprudence of British law. (Pritchard,, 2019)The second category is the Court of Appeals,
which is divided into the Civil Court and the Court of Appeals, the first cases being dealt with
by the less serious judicial and district courts, while the latter is the Crown Division. The
third part is the Court of Appeals, called the Supreme Court, which includes the Family
Department, the Queen Bench, which manages contracts and statutory commercial cases, the
Divisional Court, the Administrative Bank, and the Chancery Court. The headquarters of the
court as a criminal court deals with criminal cases delegated by the Magistrates' Court in
connection with criminal matters, and the Magistrates' Court reviews the summary court and
includes the cases of the criminal court and the family court. District court deals with civil
proceedings.
2) What is a Tort? Narrate in detail Tort of negligence and breach of duty of care.
Answer-The concept of tort could be a legal wrong where one person is the victim of the
wrong committed by another person. Where a person performing their function tortious
liability causing liquidated damages to person aggrieved for such loss and damages. The law

of torts is unmodified law. It involves various elements which might arise and cause careless
action on other people. Part one is negligence. Where it includes such factors evolving from
the fault of another person's careless attitude. within the case of Donoghue v. Stevenson
where the House of Lords laid down a decision in their ruling that a personal cannot sue or
make another person chargeable for losses and damages incurred on the first party where
there was no contractual obligation on another person(Burns,.,2018.). After this case the
House of Lord interpreted the relevance of duty to require care as a significant requisite of
negligence. These sorts of laws are mainly seen between neighbours, employer-customer
liability to require care and so on. It includes three main requisites for claiming compensation
against negligence when these essentials 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 a private could avoid such omission.
The major element is duty of care which arises from the above case mentioned which
obligates a personal owing responsibility where its actions are closely linked with interest of
another affecting them. within the case of Anns v. Merton London Borough Council,
restricted the concept of this element introducing terms like fairness and proximity of taking
tutelage which is included in reasonable circumstances normally. On other hand breach of
duty, cases are presented before tribunal where a person violated their obligation underlying
duty to worry where the onus of proof lies on the alleged individual for proving their
innocence. There are certain guidelines which are laid to work out reasonable individuals
performing its actions furthermore to violation resulting 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 isn't
responsible for negligence.
3) ‘What is law?’ and `why does the law exist?’ Discuss and explain some of the
main theories relating to ‘Sources of Law’.
Answer-Legislation is a collection of rules, regulations, ordinances, standards and standards
provided in society by legislators or legislators who guide the administration of society and
require individuals to comply with them. These effects are demonstrated in the management
of social groups that are actually shown in their jurisdiction in a codified form. The law
regulates the control and approval of citizens' behaviour, but such authorities cannot deprive
individuals of the fundamental rights stipulated by law, except in a few exceptional cases.No
such law has been codified because the common system is partially written and it contains
two sources of law which are general rules and statutory rules. If the judicial precedents of
the Court of Appeals and the Supreme Court delegate orders to subordinates to comply with
the orders established on a case-by-case basis, if there is a mandatory requirement of the
legislature in advance.(Barber.,2021) The source draws its power from the written aristocratic
institute and the common people's parliament, where the law is enacted after various steps
such as issuing a draft to draft the bill, but the election vote is the aristocratic institution and
the crown. Formed by both, a majority vote determines the enforcement of laws passed or
rejected by Parliament.

4) What are the three elements which a Claimant must establish in a negligence
claim?
Answer-The concept of tort can be a legal mistake if one is the victim of a mistake made by
another. If a person performing his duties is liable for tort and claims damages, he or she will
be compensated for such loss and damages. Tort law is a law that has not changed. It
contains various factors that can appear to other people and lead to inadvertent behaviour.
Part 1 is negligence. When such factors are included that result from the negligence of the
careless attitude of others. In Donoghue v Stevenson, in its decision, the Aristocratic Court
will sue or hold another person for any loss or damage suffered by the first party in the
absence of a contractual obligation with another person. I ruled that I couldn't do it. After that
incident, the House of Care interpreted the relevance of the duty of care as an essential
requirement for negligence. You see such laws especially among neighbours, employers-
customers, etc. who need care. It sets out three main requirements for negligent damages
claims if these basic requirements are met. The duty of care, the breach of the obligation that
the person is liable for, and the obligation that arises if the person causes reasonable loss and
damage. A situation in which an individual can avoid such omissions. The main factor is the
duty of care that derives from the above cases and is personally liable if their actions are
closely related to the interests of others who affect them. In the case of Ann v. The London
Borough of Merton has narrowed the concept of this element and introduced terms such as
fairness and closeness to the guardian's claim. These are usually included in reasonable
situations. (Mackie,., 2019)On the other hand, a duty breach case is brought to court if a
person violates the duty of care and is responsible for proving innocence to the suspect.
There are specific guidelines established to identify rational persons who carry out their
actions even in violations that result in a position of weakness. These actions of the defendant
are workplaces and are social obligations associated with the highly proportional alleged risk,
in which case one will take reasonable steps and the defendant will not be liable for
negligence.
5) Illustrate and explain the rules that apply to judicial precedent and statutory
interpretation; by citing prominent legal principles based on, ‘Ratio Decidendi’
‘Obiter Dicta’.
Answer-The concept of case law primarily refers to the actions or decisions made by the
court that issued and ruled the previous judgement, with similar facts and questions to refer to
later actions and actions of the general parties. Acts as. The case is divided into several
divisions, the first being an approved case established by the court. The second is compelling
when the court's decision is not responsible and involves satisfaction measures. When a
decision by a foreign court has convincing value in another court. Finally, a clear precedent

that Thurmond considered to be just an implementation of the previous rule. The main rules
of Obiter Dicta have been interpreted in various judgments, and the decisions made by the
courts expressing orders of the judiciary have no significant value in court. It's not worth
clarifying your concerns, but it's used as a component to resolve a variety of situations in the
event of a disagreement or dispute. (Fukunaga,, 2020)The ratio Decisionendi, on the other
hand, refers to the justification of a decision made in court, although such law does not
appear to be used in the context of the current case, but is usually used in the final decision
made by the court. increase. These are priority segments that serve as court examples for
resolving disputes in future and future proceedings.
Section C: Longer answer questions –
1) Consider the following complaints and advise the property owners whether or
not. They will have a claim in nuisance against Fred for the issues complained
of?
Answer-In the first case, Mr. Kahn has the authority and right to file a harassment complaint
together if the core of this tort arises from harassing or harming others. The premise of this
type of tort states that their rights are hampered and infringed if the law causes injury or
damage that infringes their rights because of the wrongdoing done by their actions. I have. In
this case, the owner was closely associated with the western respondent's place of residence,
with branchy junk touching her patio, cracking her and damaging her property. However,
after many complaints, they also did not pay attention, so the plaintiffs had the right to seek a
proceeding against the right to harassment. In the second situation, if you disagree with the
noise and odour of plants, you violate both essential provisions.(Bullock,.,2022) This
promises that deliberate misconduct infringes or inconveniences their rights and establishes
no damage to the use of other people's property. Harassment can occur when this situation
occurs. The case involved a tenant who lived on the side suffering from constant noise, and
plaintiffs played loud music and machines related to construction work that violated the right
to enjoy at home by Dave and Molly. Disturbed during night shifts by working workers, the
smell has plagued companies that violate their legal rights so that they can complain about
harassment. In the third scene, Bit and Bobs owner Fred was annoyed at this scenery as real
estate owner Jenny's plans were compromised by the release of pollutants that pollute the
environment and undermine residence rights.
2) Advise Magic Mug on whether an enforceable contract was made with Betty?
AnswerIn this situation, there was no contractual obligation for Magic Mug to pay damages
in connection with Betty's interests due to a treatment request from Betty, but no company
consent was obtained and only the counterparty. Provided a profit at the start. Agreement.
Carbolic Smokeball Co., Ltd. v. Carlyle states that simply offering to invite you to treatment

is not a contract. The obligation of the person to perform the contractual action arises from
the appropriate offer from the offer and the explicit or implied acceptance of the recipient of
the offer.(Bawah,., 2019. ) Next, we need to weigh the economic value. We also have a legal
intent to reach a legal agreement with the Consensus Adidem, agree to all terms and
conditions, and perform their respective functions in the interests of both parties. Therefore,
these conditions must be met. This was only seen when the company and cafe chain Tasty
Treats summarised the performance, but Betty suggested that no further action be taken.
Therefore, there is no contractual liability and no additional charges are incurred.
3) Advice Shreena and Gita what documents will have to be delivered to the
Registrar of Companies before a certificate of incorporation of the company is
issued, any restrictions on choice of the name of the company, and any
liabilities they may personally incur if the lease is signed before the company is
incorporated?
Answer-In such a condition, Shreena and Gita personally because the only real owner who
signed the lease agreement before the establishment of the company took full responsibility
and signed the lease agreement before becoming a director and owner of the company.They
will be responsible for loss and damages. Organisation. The establishment of a company
includes various elements necessary for the establishment of a company. This includes
registering a legal entity with a true legal identity. In such a situation, a partnership
agreement is entered into and the shares are split so that they have equal rights and
obligations to profits and losses. (Udemezue,.2021.)The title of the company should reflect
the uniqueness and nature of the participating organisations. It also includes the company's
articles of incorporation. The Articles of Incorporation contain rules and regulations,
including statutory provisions. The Articles of Association, on the other hand, are the Articles
of Association that include details of legal entity establishment and execution, management
and management rules, and other aspects of the company. When these elements are
combined, only one vegetable company is formed.

References
Books and Journals
Pritchard, H., 2019. Revisiting Legal Wales.
Burns, K., 2018. ‘In this Day and Age’: Social Facts, Common Sense and Cognition in Tort
Law Judging in the United Kingdom. Journal of Law and Society, 45(2), pp.226-
253.
Barber, N.W., 2021. The United Kingdom Constitution: An Introduction. Oxford University
Press.
Mackie, S., 2019. Is the Law in Relation to Negligence of the Police Satisfactory. Aberdeen
Student L. Rev., 9, p.1.
Fukunaga, Y., 2020. Interpretative Authority of the Appellate Body: Replies to the Criticism
by the United States. In The Appellate Body of the WTO and Its Reform (pp. 167-
183). Springer, Singapore.
Bullock, D., 2022. Public Nuisance and Climate Change: The Common Law's Solutions to
the Plaintiff, Defendant and Causation Problems. The Modern Law Review.
Bawah, A., 2019. Juxta-Positioning the Effectiveness of the Common Law and Council
Regulation (EC) No. 44/2001 (the Regulation) on the Recognition and Enforcement
of Foreign Judgments in the United Kingdom (UK). Journal of Social and Political
Sciences, 2(2).
Udemezue, S., 2021. Role of Company Employees in Promoting Corporate Governance: A
Comparative Analysis of the Approaches in Nigeria and the United Kingdom.
Available at SSRN 3907553.