English Legal System, Characteristics, Tort Law, Sources of Law, Nuisance and Contract Law

This article covers various aspects of the English Legal System, including its characteristics, sources of law, tort law, nuisance, and contract law. It also explains the rules that apply to judicial precedent and statutory interpretation. Additionally, it provides advice on legal scenarios related to nuisance and contract law.

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 it 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 organisationrequires 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 is a monarchical regulation by which one person has the sole
leadership authorities that is enumerated as Head of the State which explains the certain role,
responsibility, rights, operation of function which are prescribed by treaties established by law. It is
generally recognized that person having such authority 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 role of the parliament is very vital in it system.
thesis is because the parliament of the country is responsible to frame the laws for the country.
moreover, there are certain case laws that can be used to identify the different perspective of the
legal system of UK. there are basically two houses of the legislature in the present system. these are
the House of Lords ad House of Common. both these houses are responsible to frame the laws for
the country. Firstly the law is passed from the one house then it is being sent to the other house of
the parliament. On other hand, judicial powers comes under the jurisdiction of courts and tribunals
by which the judicial officer has the obligation to explain legislation along with adjudicating the
matter with reference to all aspects of law especially civil and criminal law.
The courts of the country is divided on various basis. these basis are based on the legal
system of teh country. The main and the prime court of the country is the Supreme court which is
responsible to make the final decisions on all type of criminal and civil cases in the country. the

Supreme court is basically the apex court of the country. then comes the High court. the High court
is responsible for making the decisions on the cases at the state level. these cases are being filed by
the parties belonging to the different districts of the same states. but there are alo the provision for
filing the cases of parties who belongs to different states but file the case in the High court. Both the
cases are responsible to deliver the justice to its applicants and the victims. the high court also takes
cases of both the civil and the criminal matter. the last level of eth court is the District court and the
Session court. These courts are being operated at the district level of the country. The matters are
also related to the matters at the district level. it means that both the applicants of the case belongs
to the same district.
What is tort. Narrate in detail Tort of negligence and breach of duty of care?
The term tort can be defined as the civil wrong done b one of the other applicant of the case. it
wrong results into the breach of the right of the other individual. the negligence is als a type of tort
under the legal system of UK. moreover, the tort law provides various remedies to the aggrieved
other applicant of eth case. it would result into bringing the aggrieved other applicant in the
condition before such tort. it is basically done to restore the other applicant into its original
condition. the tort law can more be defined as the law that has overcome the loss of the right by the
court of the country.
The negligence is the neglecting act of one other applicant of the case under which all the
aggrieved person has the legal right to claim the remedies by the defaulter other applicant of eth
case. thai would also provide that there remedies like injunction, mediation that can applied by the
judge of the court as per the case. On other hand breach of duty, cases are created before tribunal in
which the person violated its obligation underlying duty to care by which the proof lies on alleged
individual for proving their innocence. moreover, there are certain guidelines that laid to explain the
reasonable individual operating its actions furthermore to abolition resulting aggrieved in a weaker
position. The acts of defendant are acting one at place of employment, societal abolition on
alleged,high proportionate of act is involved in addition to it the reasonable steps are used by
person in such conditions where defendant is not eligible for the negligence.
‘What is law?’ and `why does the law exist?’ Discuss and explain some of the main theories
relating to ‘Sources of Law’
The law is the legal obligation that has to be followed by each and every person of the country on
which it applies. these laws Law is group of rules, regulation, ordinance, standard and criteria that is
set in society by legislators or law makers. it also directs the individual to maintain ascertain
behaviour in the society. moreover, it also explains about the principles that has to be carried off by
all the citizens of the country.
moreover, the law exist to maintain the peace and order in the nation. it provides a basis that

the legal system of the country works on an adequate basis all over the globe. stated in codified
format effectively within their jurisdiction. These legislation regulates domination and authorization
over behaviour of citizens but such possibilities that cannot deprive individuals from their
fundamental rights as situated by law except in some exception. Whereas, statutory source of law
determines their power from Houses of Parliament which are House of Lords and House of
Commons that is in written format where law is enacted follows at the various step as issuance of
draft, forming into bill, electoral votes from both houses which decides enforcement of legislation
approved or rejected by legislative assembly.
· What are the three elements which a Claimant must establish in a negligence
claim?
Negligence is a type of tort which arises when an individual has duty of care and the latter exploited
in its performance resulting in non desired damages by omitting such personal interest in a
reasonable circumstances. moreover, there are mainly three elements to form such tortious act.
The first condition is duty of care by which the making alleged liable for negligent act on its part it
necessary must be complied. it means that every individual should owe a duty take an adequate
forethought and attention along with it carries their function where such operations lays certain
guidelines that should be complied ignoring the further non ethical, immoral and unlawful act in the
country.
The second condition is responsibility must be laid underlying claimant interest administering
relation of both the parties and setting criteria for proper conduct of activities where owing duty
towards the plaintiff is not enough but must also involve determination for establishment of
activities which is determined by judge.
The third condition is the avoidance of duty to take care where defaulter has not able to follow with
the requirement criteria by which an individual owes or does not have duty to take care for
complete ness of its conduct.
Explain the rules that apply to judicial precedent and statutory interpretation; by citing
prominent legal principal based on, ‘Ratio Decidendi’ and Obiter Dicta?
The concept of precedent explains the act or rulings laid down by the court which undertake prior
and previous laid history heard and decided as example having similar facts and issues for referring
in additional action and behaviour of parties in normal. moreover, the judicial precedence are
explained into various divisions which are first is offered the precedent that is complied by courts
direction situated. The second one is persuasive through which rulings of tribunal does not fulfil

with any accountabilities bit holds ingratiate measures. Where foreign tribunals decisions are
holding persuasive value in other tribunals . Lastly,declaratory precedent which Salmond opined as
mere execution of prior regulation.
The principal rule of Obiter Dicta is interpreted in different judgements and case laws that laid
down by court explaining the judicial authorities command has no adequate value in court. It does
holds any value for explaining any of the concern but used as a part for dealing with different
situations in case of disagreement and disputes opened. On other hand ratio decidendi means to
reasoning for decision fulfil in the tribunal under which such legislation are not used in
contemporaries case scenery but usage for it while concluding the decision laid down by court in
general. moreover, these are segment of precedence that holds value in court for applying as
example in upcoming and future cases solving the disagreement.
PART C
· QUESTION 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?
In the first case, Mrs Khan has authority and right to file complaint for nuisance as one of the
essential of it tortious liability is arising as it is causing annoyance and interference to other person
land. The requisite of it type of tort lays down that where any injury or damage is caused infringing
their rights legally due to wrong committed by their action disturbing and violation their rights. In
the case property owner was closely related with respondent residence at west where the over
growing branches scrapyard was touching their patio and leading to cracks damaging its property.
But after many complaints also they did not paid any heed and due attention, So claimant had right
to take action on nuisance right.
In the second situation, both essentials are violated where there was complaint for noise and smells
of plant which lays down that any wrong conducted with intent to cause violation of their legal right
or causing annoyance and damages are incurred on enjoyment over other person property shall not
be intervene. If such situation comes in existence then nuisance can take place. it case includes
tenants living on south side where they were annoyed of continuous noise disturbs the claimant
working in night shift by workers playing loud music and machinery which involved construction
disturbing its right of enjoyment at its residence by Dave and Molly was annoyed of smell from the
plants infringing their legal rights so they can complain for nuisance conducted.
In the third scenery, the Bits and Bobs owner Fred is liable for nuisance under it scenery because

the property owner Jenny plans were damaged due to the emission of pollutants which were
polluting the environment causing their legal right of residence (Nyoni, and Hart,2018).
· Question 2: Advise Magic Mug on whether an enforceable contract was made with
Betty?
In it scenario there was no contractual obligation of Magic Mug to compensate damages with
regards of Betty interest as there was invitation to treat on Betty part but acceptance has not been
delivered from the side of organisationonly the other other applicant has offered its interest which is
the first step of contract. The Carbolic Smoke ball Co. v. Carlill, which stated that mere offer for
inviting to treat is not contract. For obligating person to perform action in contract arises where
there is proper offer from offerer and acceptance from the side of offeree expressly or impliedly.
Then there must be consideration holding certain value in economic terms. Further it holds legal
intention for forming legal agreement having consensus ad idem and agreeing on all terms and
condition and performing respective function with the object to receive interest on both parties part .
Therefore these condition must be complied which was seen in case of organisationand cafe Tasty
Treats chain complied their performance but Betty has just offered the price no action was further
taken. Therefore no award shall be received due to absence of contractual accountability
(Palombo,2019) .
· Question 3: Advice Shreena and Gita what documents will have to be delivered to the
Registrar of Companies before a certificate of incorporation of the organisationis
issued, any restrictions on choice of the name of the institution, and any liabilities they
may personally incur if the lease is signed before the organisationis incorporated?
In such scenario the sole owners signing lease before incorporation of organisationshall be
completely liable which makes Shreena and Gita to hold loss and damages personally as they
signed lease deed before becoming directors and owners of organisation. The incorporation of a
organisationwill hold various elements for forming a organisationwhich involves registration of the
unit having bona fide and legal identification, In such scenery partnership cases shall be signed
sharing their shares and stock for having rights and obligation equivalent form for the profits and
losses. The title of the organisationmust represent the efforts and nature of the organisation it is
involved in. Further it comprises the constitution of the organisationwhere the Article of
Association is one which includes rules and regulation including legislative provisions under it. On
other hand, a memorandum of association is one which includes incorporation and winding up
details, administration and management regulation and other such facets of companies. When these
elements are comprised then only vegetable organisationcan be established (Hacker, et.al 2020).

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Vancouver