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Legal Obligations in UK: Contract Law, Judicial Precedent, and Tort

   

Added on  2023-06-15

14 Pages5046 Words349 Views
UK-Legal Obligations

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
1. Contract law:...........................................................................................................................3
Contract..................................................................................................................................4
Conditions for making a contract-..........................................................................................4
Harbour Hotel and Design Developers case:..........................................................................4
Rights and remedies provided are: ........................................................................................5
...............................................................................................................................................6
2. Judicial Precedent:..................................................................................................................6
Generally there are two types of Precedents:.........................................................................6
Structure of courts: ...............................................................................................................6
Advantages of Judicial Precedent...........................................................................................7
Disadvantages of Judicial Precedent......................................................................................8
Question 3:..................................................................................................................................8
Tort-........................................................................................................................................8
Question 4:................................................................................................................................11
Explain and critique alternative dispute resolution- ...........................................................11
CONCLUSION .............................................................................................................................13
REFERENCES..............................................................................................................................14

INTRODUCTION
Legal obligations are a certain set of rules which an individual is bound to perform and to
face the penalties in case one fails to perform the same. Generally, these are the postulates with
which subjects related to law are bound to conform. This report will include the various legal
obligations and remedies which an individual needs to abide by depending on the circumstance
and law applicable to the scenario(Abbasi and Parsa, 2019). The report will further address the
four questions along with the remedies available to the person with whom the wrong has been
done. The first question deals with contract law, the second one deals with the doctrine of
judicial precedent, the third deals with the tort of negligence its remedies and defences available
and the last deals with the various form of alternative dispute resolution.
TASK
1. Contract law:
A contract binds various companies, organisations and businesses with a type of
agreement which includes statement of terms and conditions making a promise and obligation
with the parties. Legally binding agreements of England and Wales are regulated by UK's
contract law. English law of contract includes a promise which is enforceable by law. A contract
happens or takes place when something of value is exchanged which ensures that the interest of
parties are protected by law(Della Negra, 2017). This statute law covers the case of Harbour
Hotel.

Contract
When two parties enter into a agreement that is known as a Contract. The contract binds
the parties with obligations which are enforceable by law. When an offer is made by a party and
it is accepted by the other party, it makes a contract between the parties. Business environment is
governed by these legal objectives of contract. A clear understanding of contract and the law
related to it helps in the smooth and effective running of the business away from legal
regulations.
Conditions for making a contract-
There are basically four conditions which lead to the fulfilment of a Contract:
OFFER- A contract begins with an offer where offeror is the party which proposes the
terms of the agreement and offeree is the party to whom the offer is made (Gubaidullin
and Kurnosova, 2020). The party presents the offer by willingly expressing the terms and
conditions of contract to the other party so that they can agree to it and enter into the
contract that is the time when it can be called valid and will bind the parties.
ACCEPTANCE- When the offer is accepted by the party it becomes a Contract. When
the party expresses acceptance to the conditions of contract it fulfils the second point for
formation of contract. It becomes effective when it is communicated to the offeror.
CONSIDERATION- This factor binds the contract because it is an important element.
When a promise is enforced by giving “something of value” that is consideration. A
promise is fulfilled by promiser by giving a consideration in return.
INTENTION- creation of a lawful relationship is a major component of contract making.
For a legally binding contract, legal intention is necessary. This is the reason that social
arrangements are not called a contract due to the very fact that they don't have a legal
intent. Thus lawful intention and purpose is very necessary for a contract.
Harbour Hotel and Design Developers case:
In this case, Harbour Hotel made an Invitation to Treat in the Press which basically
means that the party does not make an offer but invites other party to do that. It is a type of
inviting an offer to enter into contractual obligations. For example any advertisement or

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