English Legal System and Tort Law: An Overview

This article provides an overview of the English legal system, including court structure, lawyers, lay participation, and tort law. It explains the elements of negligence and breach of duty of care, and the rules of judicial precedent and statutory interpretation. It also discusses the documents required for company incorporation and the limitations on selecting a company name.

EXAM

INTRODUCTION
MAIN BODY
PART A
1. The English legal system states to the law which regulates England, Scotland Wales and
Ireland.
2. The sources of English law are students, case law and order of council whereas order of
European commission is not sourcing legal system.
3. The contract becomes lawful enforceable when situations just as services , acceptance,
consideration and intention to form legal relation exists.
4. The minimum age criteria for director appointments are 21 yrs.
5. The Uk Company needs one person to form an industry.
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 lawful system of great britain keeping monarchal rules where individual person has the sole
trader management who is enumerated as superior of the region which describes some role,
duties ,responsibility, norms, activity of operations which are described by pact established by
law (Alkiviadou, 2022). It is basically recognized that someone having such mandate over single
are impersonal in quality which means that their operations should non incomplete and non
oblique attitude execution, creating and decide laws in standard of community. The business
activity of law in England and Wales district is governed by English legal system which
collaborates the legislation enacted and creates as precedence form in tribunals interpreted in
sources like case law (Chater, 2022). The Parliament has major and crucial power to pass such
laws which is established mainly classifying two societues which are House of basics and House
of Lords. Where the prior comprises selection power by National and Head of State which is also
known the part of such sectors . On other side, judicial powers are in the legal sttes of courts and
court where judicial serviceman has obligation to communicate civil law and determine the
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purpose connect to all aspects of law majorly civil and condemnable law. The hierarchy of court
structure are prescribed as Supreme Court being at peak position which is respect as last resort
for filing proceeding for their allegation and dealing with condition ariled under legislations of
UK case laws. The second classification is Court of Request which is separtaed into civil and
criminal court of appeal which in fist case are dealt by High Court and country court which are
less grave during latter enclosed of approches lays in Crown segmentation (Dei-Cas, 2022).
Whereas, third section is proceeding judicature known as High Court which includes family
division, queen bench regulating cases of proclamation and commercialized law, fractional court,
body bench, Chancery tribunal and may more.
What is tort. Narrate in detail Tort of negligence and breach of duty of care?
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 (Newman and Dehaghani, 2022). 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 affordable situations where a particular can ignore such
omission. The prime factors is duty of care which is grown from the discussed situations listted
which responsible a particular laibility where its operates are intimately connected with
involvemnt of other imacting them. In the extentt of Anns v. Merton London Borough Council,
limited the term of this factors esatblishing position like equity and vicinity of taking care which
considers in sensible fortune in unspecific.
·
What are the three elements which a Claimant must establish in a negligence claim?
Negligence is a tort which arises when a person has duty of care and the latter violated its
performance resulting in non desired loss and damages omitting such person interest in
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reasonable circumstances (O’Connell and et.al., 2022). There are mainly three elements to
constitute such tortious act.
The first situation is duty of care where for creating alleged liable for negligent act on their part
this important should be complied. This states that every particular should owe duty take
appropriate forethought and attention while it reaches their operations where just actions lays
some advices which should be gathered neglecting some non values , immoral and illegal act.
The second condition is laible must be lays underlying claimant interest management
connecting to of both the section and fixing criteria for an appropriate rules of operations where
owing obligations towards the plaintaiff is not suitable but must also included analysis for
introducing of actions which is analysed by legislatures (Suri and Wróbel, 2022).
The third condition is using of duty to take care where exploited has not capanle to integrate the
needs situation where an specific owes or does not have liabiliyty to take care for satisfaction of
their opeartions.
The fourth condition is appropriate causing of omission where claimant issues defendant for
ignoring operations presenting their responsibility for recognising violate operations on part of
alleged causing breach recognising appropriate damage on section of aggrieved.
The fifth major cause which includes legal causing which knows prime causing of such hazrads
and damages which includes actions which can be foreseen by such individauls tending to
breach occured on its section.
The sixth factors defines that agffordable care is not enough to legialative negligence such
breach should include non compliance of competitor exercising because care where it has
responsibility of taking causing and its lossing outcome in hazards caused to body ,values,
property or inventory, economical damage or phycological injury and more on.
After concluding and finalising also gathering all the factors claimant can demand reawrding
from the other party (Wood, Featherstone and Gupta, 2022).
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Explain the rules that utilise to judicial precedent and statutory interpretation; by citing
prominent legal principal based on, ‘Ratio Decidendi’ and Obiter Dicta?
The study of precedent majorly refers to action or opinion lays down by judicature which
includes preceding and earlier set opinion detected and definite as illustration having same points
and résultat for mention in sequent operation and attitude of organization in basic. The legal
priority are categorized into different sections which are initial is commissioned preceding which
is complied by jidiciary navigation introduced . The another one is cogent where regnant of court
does not comply any answerability bit holds manipulate steps. Where british judicature
conclusion are keeping cogent value in other judicature . finally,declarative illustration which
Salmond speak up as mere implementaion of privious rules (Wu, Liang and Chan, 2022).
The primary rule of Obiter Dicta has been taken in different official and opinion
lays down by assembly explicit judicial regime order has no important worth in court. It keeps
any value for finishing any business but usetilised as element for dealing with different
conditions in situation of dissension and difference grows.
On other side range decidendi explains to rational for determination set in judicature
where such judicary are not utilised in generation case situtaion but exploite for finsihing
determination lays down by judicature in broad. These are section of precedency which keeps
value in court for parturition as an illustration in approaching and future approches breakdown
dissension.
PART C
QUESTION 1: Conceive the following complaints and discuss the property proprietor whether
or not. They will have a assertion in infliction against Fred for the issues complained of?
In the basic case, Mrs Khan has control and right to file disorder for bother as one of the
necessary of this misconduct obligation is growing as it is exploit irritation and hindrance to
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other individual place. The necessary of this kind of civil wrong lays down that where any injury
or harm is causing edge their rights legally because of incorrect pledged by their action troubling
and infraction their rights. In the case directors owner was intimately related with answering
address at west where the over growing division scrapyard was affecting their area and tending
to breaks destructive its attribute. But after huge complaints they did not pay any attention on
errors and complaints.
In the second condition, both organic are desecrated where there was objection for noise
and smells of plant which lays down that any misconduct performed with attentive to cause
infraction of their lawful right or deed irritation and indemnity are receive on pleasure over other
person belongings shall not be interact. If such cases comes in beingness then bother can take
place. This case consider resident living on south side where they were irritated of constant noise
disturbs the applicant working in night shift by workers playing loud music and system which
interested structure distressing its right of pleasure at its residency by Dave and Molly was
steamed of smell from the plants boundary their legal precise so they can charge for nuisance
channel (Yelle, 2022).
In the third scenery, the Bits and Bobs properitor Fred is responsible for infliction in this
situation due to holding owner Jenny make strategy were battered because of the emanation of
waste which were colly the situation causing their law full right of abidance .
Queation 2 : Guide magic mug on whether an enforceable contracts was made with betty?
In this situation, there was no legal agreement of magic mug to balance damage with
regards of betty involved as there was invitation to treat on betty section but acceptance has not
been given from an organisation only the other party has offered its intrest which is an Initial
first step of the contract. The Carbolic Smoke ball Co. v. Carlill, which explains that specified
offer for incvolving to treat is not agrement. For responsibility person to act operations in
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document arises where there is an appropriate content from benefactor and approval from the
side of offeree expressly or impliedly. Then there must be consideration holding some value in
system terms. Further it keeps legal purpose for making legal understanding having agreement as
well as idem and concur on all rules and state also acting several activity with an aim to have
involvement on both individuals section. Hence, these state must be complied which was seen in
extent of establishment and restaurant Tasty Treats unit gathered their action but Betty has just
served the cost no action was foster taken. Hence, no grant shall be acceptable because to
deficiency of written agreement answerability .
Question 3 : Suggest shreena and gita what documents will required to deliver to the
registrat of companies before a ceryificate of incorporation of the company is issued, any
limitaion on selecting the name of the company and responsibility they might individually
incur if the lease is signed earlier the company is corporated ?
In this situation the sole trader resgistering lease earlier incorpoation of company must
be finally responsible which creates shareen and gita to keep uncertainity and damages
personally as they register lease deed earlier being directors and traders of company. The
incorporation of organiation with having different components for including company which
includes registrationof entity having bona fide and law full determination, in this situation
partnership agreement should be signed partnering and inventory for having controlls and
responsibility equal to the profits and losses (Collins, 2022). The content of company shoukdb
represent uniqueness and attitudes of company is included. After that comprieses constitution of
an organisation where article of assiciation is one which is involves norms and regulations which
considers legislative provisions in it. On the other side memorandom of association is one
which is most impoartant also it includes incorporation and winding up information,
adminstration and management rules and any other factors of companies. Whenever these factors
are extort only vegeatble company can start a business.
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References:
Books and Journals
Alkiviadou, N., 2022. Hate Crimes: The legality and Practicality of Punishing Bias—A Socio-
Legal Appraisal. International Journal for the Semiotics of Law-Revue internationale de
Sémiotique juridique, pp.1-13.
Chater, M., 2022. Why RE’s radical reform could fail: The politics of epistemology and the
economics of producer capture. Journal of Beliefs & Values, pp.1-18.
Collins, M., 2022. The Reformulated Contextual Truth Defence: More Radical That First
Appears. Federal Law Review, p.0067205X221087455.
Dei-Cas, E.A.A., 2022. Sentencing inglese e prospettive di un processo bifasico in Italia:
potenzialità e insidie di un mutamento a lungo invocato.
Newman, D. and Dehaghani, R., 2022. Why Wales?. In Experiences of Criminal Justice (pp. 1-
22). Bristol University Press.
O’Connell, C. and et.al., 2022. 22 Ireland North and South. The Impact of Covid-19 on Prison
Conditions and Penal Policy.
Suri, M. and Wróbel, K., 2022. Identifying factors affecting salvage rewards of crewless vessels
—lessons from a case study. WMU Journal of Maritime Affairs, pp.1-20.
Wood, K., Featherstone, B. and Gupta, A., 2022. Reordering family practices in an unequal and
disorderly world: contemporary adoption and contact in the UK. Families, Relationships
and Societies, pp.1-16.
Wu, B., Liang, H. and Chan, S., 2022. Political connections, industry entry choice and
performance volatility: evidence from China. Emerging Markets Finance and
Trade, 58(1), pp.290-299.
Yelle, R.A., 2022. On Slaves, Aliens, and Other Threats to the Body Politic. Political Theology,
pp.1-9.
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