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This article covers the principal characteristics of the legal system of England and Wales, tort of negligence and breach of duty of care, sources of law, and more. It also includes questions related to nuisance laws, essential elements of a contract, and incorporation of a company in England and Wales.

International Business
Law

Table of content
PART A...........................................................................................................................................3
PART B...........................................................................................................................................3
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................................3
What is a Tort? Narrate in detail Tort of negligence and breach of duty of care........................3
‘What is law?’ and `why does the law exist?’ Discuss and explain some of the main theories
relating to ‘Sources of Law’........................................................................................................4
What are the three elements which a Claimant must establish in a negligence claim?...............4
Illustrate and explain the rules that apply to judicial precedent and statutory interpretation; by
citing prominent legal principal based on, ‘Ratio Decidendi’ ‘Obiter Dicta’.............................4
PART C...........................................................................................................................................5
Question 1....................................................................................................................................5
Question 2....................................................................................................................................6
Question 3....................................................................................................................................7
References........................................................................................................................................8

PART A
1. The English Legal System refers to the law in which of the following countries?
b. England and Wales
2. Which of the following is NOT a source of English law?
d. Order of European Commission.
3. Which of the following correctly describes the elements for a legally enforceable contract
c. Offer, acceptance, consideration and intention to form legal relations.
4. What is the minimum age permitted for a person to be appointed as a director?
c. 21
5. How many persons are needed to form a UK company?
d. Four
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 English legal system comprised of common law which is managed through the statutory
and common law tradition. There is observed that these are laws are partly written and not
wholly codified. Some of the laws are enacted through statutory law which incorporates the laws
made by the parliament and also through the bill which is passed in all the houses with
discussion and amendments. And the other one is judge made law or case law it is the judicial
precedents that depicts the judgement which are passed by the senior court in order to manage
the laws and actions (POOLE, Devenney, and Shaw-Mellors, 2019). In legal system of England
and Wales there is been seen that all the hierarchy of the court is managed through the general
compliance through Supreme court which is the highest court to hear the final appeal and the
other are the high court, crown court, appellate court. All these helps in giving the civil and the
criminal decision making.
What is a Tort? Narrate in detail Tort of negligence and breach of duty of care
The term tort has been addressed as the civil wrong which mainly results in the form of
an act or omission which gives rise to any harm or injury. The person being aggrieved of
such actions is entitled to claim the regal remedy which the way of imposing the liability on
the other person. Moreover, the tort of negligence is the form of civil tort which mainly

occurs when a person breached their duty of care towards the other person as a result of
which that person indulges some harm and damages.
‘What is law?’ and `why does the law exist?’ Discuss and explain some of the main theories
relating to ‘Sources of Law’
The laws are defined as the set of certain rules and regulations which binds the conduct of
the people as well as other bodies for ensuring their adequate activities. The existence of the
required laws stands important in the society for the purpose of ensuring the peace and security
as well as the delivery of justice. The major sources of the law are the primary and secondary
where the later are based on the principle of Stare decisis, which are the binding nature of the
judicial precedents (Simmons, Zillman, and Furbish, 2021).
What are the three elements which a Claimant must establish in a negligence claim?
Generally, there lies the three major elements which are required for the purpose of
establishing the claim under the head of negligence. The first are the duty of care, which one
person must owe towards the other person or the general public. The other is the breach of duty
of care, which says that in order to establish the act of negligence it must be established that
there has occurred the breach of such duty. The other major element is that damages which
indicates that the must has occurred some damages or ham to the claimant by the breach of duty
of care
Illustrate and explain the rules that apply to judicial precedent and statutory interpretation; by
citing prominent legal principal based on, ‘Ratio Decidendi’ ‘Obiter Dicta’
The judicial precedents are the results of the decisions delivered by the judges of the courts
which generally stands applicable on all the subordinate courts of the country whereas the
statuary interpretations are the explanation or the interpretation of the codified legislation by the
courts while applying the same on the given facts of the case. the obiter dicta and ratio decendi
both are the given under the judgement of the case where former is the reasoning behind the
decisions and the later is the actual decision of the court.

PART C
Question 1
Every individual who owes some property, also gets the equal rights, even though the said
rights are not limited, to enjoy the same in the manner which he pleases. The primary aim of the
nuisance laws is to balance both the rights of neighbours as well as the right of ownership of the
property. Moreover, the law also aims at securing the unnecessary damages which occurs which
ultimately devalues the overall value of the property of life of anything (Omlor, 2018). In simple
terms the term nuisance is addressed as the any act or action which interferes with the other
person’s reasonable use as well as the enjoyment of their property or life. Thus in order to
ascertain the fact whether the neighbour is creating an act of nuisance or not majorly depends of
certain aspects which are the-
 the population as well as the location of the concerned area in which the property is
situated,
 the use of the same land in past,
 whether the said act is of permanent or temporary nature,
 the degree of the harm and
 the total number of members which are getting affected by the nuisance.
Moreover, mainly the act of nuisance has been bifurcated in the two heads which are the private
and public. As the term suggests the public nuisance creates an impact or affects the whole area
or the community or the majority of people living there. Whereas the private nuisance is said to
be created when an act or activity creates an effect on some individual people or comparatively
the less number of people. Private nuisance are the acts which unreasonably or unlawfully
interferes with the right of other people with respect to the use as well as enjoyment of the things
or property. Thus, the court in order to ascertain if the act is unreasonable or not, weighs the
gravity of the harm against the social benefit of the interference (Leoncini, Vecchiato and
Zamparini,2020).
Based on these outlining the given case scenarios entails the concept of both private as
well as the public nuisance. For the very first case of Mrs. Khan, it can be conferred that he is
legally entitled to make a claim against the owner of Bits and Bobs reason being the crack in his
patio slabs entails the picture of infringement of his personal property peacefully which results in
the private nuisance. The other case study of Dave and Molly, enshrines both the public as well

as private nuisance. The facing of foul smell is a public issue which is faced by all the members
of the nearby area. The other being the deprivation of the sleep due to the breaking of scraps is
the private cause. For the case of Novel Orchids Ltd, they can proceed with the claim of private
nuisance as the act of destroying the Peruvian orchids due to the smokes and toxic fumes is the
infringement of private enjoyment.
Question 2
In the contract law there is seen that all the agreements which are made and are enforceable
through law between both the parties will be subjected to the contract law. Them involves
that in contract law it is important that all the essential elements are needed to be fulfilled
they are as mentioned below:
 Offer- It is an invitation to treat which is been given by one of the party in order to enter
in an agreement there is seen that in all such cases when the party is interested in farming
a contract then they create and invite the other party to perform a task which is been
managed over there (Krishnan, 2018).
 Acceptance- This is mainly when the party to whom the invite is drawn accepts or agrees
to enter in the contract then it seems to be called as acceptance. As mere acceptance is not
necessary them seems to be important that the party agrees either in written or on oral
that they are ready to enter in an agreement. No contract or agreement can be seen to be
fulfilled till the time the express or the implied consent of their party is been given.
 Consideration- it is the monetary value which is been decided between the parties in
order to make the agreement or the contract to be valid. No contract without
consideration can be seem completed.
 Legal intention- This is mainly the legal intention or the right intention of the party to
enter in the contract. This implies that both the parties will have to disclose the matter
with full clarity without being deceptive.
Thus, in this case scenario as Betty has made the offer to buy mugs and also e-mailed
them as to buy the product. Them seems that in that scenario it was no acceptance being
shown by the Magic Mugs Ltd. As no contract can be seen valid till the time the acceptance
and all the 4 essential elements are completed. As in the case of Broaden V. Metropolitan
Railway (1877), court held that in case where no communication is made3 between the

parties then the acceptance will not be undertaken. This implies that it is important to manage
the objection of term of contract.
Question 3
In England and Wales there is required to manage the some of the important steps and the
procedure thorough which the incorporation is undertaken. The company should try to
draw all the essential areas and the nature with which the documents are being undertaken
list of documnerts which are needed to be collected are:
 Application to be made to in order to register the company and alos to establish the
company with which the government will be well aware about the requirements and
the alliance in the company.
 The form IN01 and the fee in order to make the registration is required.
 The memorandum of association with the proper details regarding the person
forming the company and their reason and the address in which the company y is
going to be established.
 Articles of association through which all the varies requirements are managed to be
collected.
 All such additional information which is needed in the company through which the
management and the effective practises are maintained (Bublick, 2022).
Other then this no company can be incorporated if them appears that the name chosen by
them is already taken by some or the other company. it is important that all such names
appearing in the registrar index will be maintained through the company names. In case if
it is LLP or the body of index then the same group or the part will be taken through their
chosen names. All the proposed names are needed to be rechecked and approved by the
government. The application to register the company y will include
 Name of the company
 Situated area of company.
 Registered office address.
 Is the company being private, public or Unlimited
 AOA
 MOA
 Directors residential address

 Shareholders statements
 Compliance to guarantee.
References
Bublick, E.M., 2022. Tort Common Law Future: Preventing Harm and Providing Redress to the
Uncounted Injured. Journal of Tort Law.
Krishnan, A.D., 2018. Company Law in Malaysia. In Company Law in East Asia (pp. 391-415).
Routledge.
Leoncini, R., Vecchiato, G. and Zamparini, L., 2020. Triggering cooperation among firms: An
empirical assessment of the Italian Network Contract Law. Economia Politica, 37(2),
pp.357-380.
Omlor, S., 2018. Digitalization and EU Company Law-Innovation and Tradition in Tandem.
European Company Law (ECL) Journal, Forthcoming.
POOLE, J.D., Devenney, J. and Shaw-Mellors, A., 2019. Contract law concentrate: law revision
and study guide. Oxford University Press.
Simmons, J.H., Zillman, D.N. and Furbish, R.H., 2021. Maine Tort Law 2018 Edition.
LexisNexis.