Legal System of England and Wales, Tort of Negligence, Sources of Law, Nuisance Complaints, Enforceable Contracts, Incorporation of a Company

This article discusses the legal system of England and Wales, including court structure, the judiciary, lawyers, and lay participation. It also explains the tort of negligence and breach of duty of care, sources of law, rules that apply to judicial precedent and statutory interpretation, and the documents required for incorporation of a company. Additionally, it advises on nuisance complaints and enforceable contracts.

EXAM

PART A
1. The legal system of English defines the law that regulates England, Scotland, Wales,
and Ireland.
2. The sources of English law as statutes, order of council and case law and order of
council although order of European Commission is not source of this system of legal.
3. The contracts have become legally enact when conditions such as, acceptance, offer,
consideration and intention in order to form legal relation exists.
4. The minimum age ability to director appointment is 21 years.
5. The company of UK has is required one person in order form the 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 legal system of the United Kingdom retains a monarchical regulation where one
person has a single governing authority who is named as the head of state which prescribes a
certain role, responsibility, duties, rights and functioning of functions which are prescribed by
treaties established by law. It is generally accepted that those who have such authority over
individuals are neutral in nature, meaning that their actions must be impartial and unbiased in
implementing, making and deciding laws in the regulation of society. The operation of law in
England and Wales is governed by the English legal system, which works with enacted
legislation to create a preferred form in tribunals interpreted in sources such as case law. The
second category is the Court of Appeal, which is divided into the Civil and Criminal Courts
of Appeal, the former being dealt with by the High Court and the County Court, which are
less serious, while the latter consist of appeals brought in the Crown Division. While the third
division is the Appellate Tribunal known as the High Court, which includes the Family
Division, the Queen's Division dealing with contract and commercial law cases, the
Divisional Court, the Administrative Court, the Chancery Tribunal, etc.
The main branch of tribunals such as the Crown Courts deal with criminal cases referred
from the Magistrates' Court relating to penalization, the Magistrates' Court hears the
Summary Court includes proceedings in the Crown and Family Courts. The regional court
deals with civil cases (Johnston, 2022).

What is tort. Narrate in detail Tort of negligence and breach of duty of care?
The concept of tort is a legal wrong when one person becomes the victim of wrong
committed by another person. In the event that the person performing his function is falsely
liable to the injured person for such loss and damage. Tort law is unmodified law. It includes
various elements that can appear and lead to the careless actions of the other person, one of
which is negligence. Where it includes such a factor arising from the negligence of another
person. In the case of Donoghue v. Stevenson, where the House of Lords in its decision laid
down the decision that an individual cannot sue or hold another person liable for loss and
damage caused to the first party where there is no contractual obligation to the other person.
Following this case, the House of Lords interpreted the meaning of the duty of care as
a significant negligence requirement. These forms of law are seen mainly between neighbors,
the employer-customer responsibility to take care and the son on. It includes the three main
elements for claiming damages for negligence in complying with these essentials, which are a
duty of care, a breach of duty where such person is liable, and this duty arises when a person
has caused loss and damage in reasonable circumstances where an individual, he could have
avoided such an omission. The main element is the duty of care that arises from the above
case, which binds an individual to responsibility where his actions are closely connected with
the interest of another that affects him. In Anns v Merton London Borough Council narrowed
down the concept of this element by introducing concepts such as honesty and proximity to
do care, which in reasonable circumstances generally includes (Stewart, 2022).
On the other side of breach of duty, cases are brought before the tribunal where a person has
breached their duty which underlies the duty of care, with the burden of proof being on the
alleged individual to prove their innocence. There are certain guidelines that are established
to determine a reasonable individual performing their actions and further a breach resulting in
harm in a weak position. These actions of the defendant are one of the places of employment,
the alleged social duty, it is a high proportional hazard, a person in such situations takes
reasonable steps, the defendant is not liable for negligence.
‘What is law?’ and `why does the law exist?’ Discuss and explain some of the main
theories relating to ‘Sources of Law’
Law is a set of rules, regulations, ordinances, standards and criteria laid down in a
society by legislators or legislators that govern its administration in society and further bind
individuals to follow them. Their influence is manifested in the administration of social
groups, which are presented in a codified format effectively in their jurisdiction. These laws

regulate the dominion and authority over the conduct of citizens, but these bodies cannot
deprive individuals of their fundamental rights as provided by law, with certain exceptions.
The common legal order is partly in written form, so there is no codified legal regulation that
contains two sources of common law and statutory regulation. Where the superior has a
mandatory demand on the legislature, where the judicial precedence, which decides the
decisions of the appellate and supreme court, delegates orders to his subordinates to fulfill the
orders set in the particular case. Since the statutory source of law determines their authority
from the Houses of Parliament which are the House of Lords and the House of Commons
which are in written form where the law is passed after various steps such as issuing a bill,
forming into a bill, electoral votes from both chambers and the crown, and a majority vote
decides whether to enforce legislation passed or rejected by the Legislative Assembly
(Silchenko, 2018).
What are the three elements which a Claimant must establish in a negligence claim?
Negligence is a tort that occurs when a person owes a duty of care and fails to
perform it, resulting in unintended loss and damages in reasonable circumstances neglecting
that person's interest. There are mainly three elements that constitute such a tort.
The first condition is the duty of prudence, when this necessity must be met in order to be
held liable for negligent actions on their part. This refers to the fact that every individual must
be required to exercise due care and attention in the performance of their duties where such
conduct lays down certain rules that must be followed to prevent further unethical, immoral
and illegal conduct.
The second condition is that the responsibility subject to the interest-administrative
relationship of both parties must be established and the criteria for the proper performance of
activities must be established, where the obligation to the plaintiff is not enough, but must
also include the determination for the establishment of activities determined by the judge.
The third condition is a breach of the duty of care where the accused is unable to fulfill the
criteria of the requirement, when the natural person owes or does not have the responsibility
to see to the fulfillment of his actions. (Cypher, 2020).
The fourth condition is the actual cause of the omission, where the plaintiff sues the
defendant for negligent conduct showing its responsibility to prove a breach on the part of the
party alleged to have caused the breach causing actual harm on the part of the injured party.
The fifth proximate cause, which includes a legal cause which recognizes the main cause of
such damages and injuries, which includes conduct which such person could have foreseen

and led to the breach on his part.
The sixth factor defines that rational care is not enough to constitute negligence.
Defendants are obliged to pay attention to such violations, and their failures include physical,
reputational, property or property harm, financial damage, or psychological injury.
After proof and performance of all elements, the plaintiff may claim compensation from
the accused.
Explain the rules that apply to judicial precedent and statutory interpretation; by citing
prominent legal principal based on, ‘Ratio Decidendi’ and Obiter Dicta?
The term precedent primarily refers to an act or decision issued by a tribunal that
implements a previous and earlier judgment heard and decided as an example with similar
facts and issues that can be cited in the subsequent actions and behaviour of the parties in
general. Judicial precedents are divided into various divisions, the first of which is authorized
precedent, which is followed by a set order of the courts. The second is persuasive where the
judgments of the tribunal do not fulfil any responsibility but hold ungrateful measures. Where
decisions of foreign tribunals have persuasive value in other tribunals. Finally, declaratory
precedent, which Salmond saw as merely carrying out prior regulation.
The basic rule of Obiter Dicta has been interpreted in various judgments and the decision
given by the court expressing the order of the judicial authorities has no significant value in
the court. It has any value to close any concern, but it is used as part of solving various
situations in case of disagreements and disputes that arise. (Pratap, 2021)
On the other hand, ratio decision refers to the reasoning behind a decision made by a
tribunal, where such legislation is not used in the scene of contemporary cases, but is used for
the final decision made by the court in general. This is a priority segment that has value in
court as an example in upcoming and future dispute resolution cases.
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, Ms. Khan has the power and right to file a nuisance complaint
because one of the basic duties of this tort liability arises because she causes nuisance and
encroachment on other people's land. The propriety of this type of tort is that if any harm or
damage is caused infringing their rights legally because of the wrong done by their actions, it

violates and violates their rights. In the case, the property owner was closely associated with
the respondent's residence to the west, where an overgrown junkyard abutted their patio and
resulted in cracks damaging his property. But after many complaints, they also did not pay
attention and due attention, so the plaintiff had the right to strike against the right of
harassment.
In the second situation, both essentials are violated if a complaint has been made about the
noise and odour of plants, which stipulates that any wrong done with the intent to cause a
violation of their legal right or to cause nuisance and damage will not be caused by the use of
another person's property. hit. If such a situation arises, harassment may occur. This case
involves tenants living on the south side who were bothered by continuous noise disturbance
from the plaintiff working night shifts by employees playing loud music and machinery that
involved construction infringing on his right of enjoyment of his residence Dave and Molly
were bothered by odours from the house plants infringing on their legal rights to complain
about harassment (McCarthy, Hagan and Herda, 2020).
In the third scenario, Bits and Bobs owner Fred is liable for nuisance under this scenario
because property owner Jenny Plans was harmed by emissions of pollutants that polluted the
environment and caused their legal right of occupancy.
Question 2: Advise Magic Mug on whether an enforceable contract was made with
Betty?
In this scenario, there was no contractual obligation for Magic Mug to indemnify
Betty's interest because there was an invitation to treat by Betty, but consent was not
delivered by the company, only the other party offered its interest, which is the first step of
the contract. Carbolic Smoke ball Co. v. Carlill, which stated that a mere offer of an
invitation to treat is not a contract. For the person obligating to perform the act in the
contract, a proper offer by the offeror and acceptance by the addressee, expressly or
implicitly, arises. Then there must be a consideration that has some value from an economic
point of view. Furthermore, it has the legal intention to create a legal agreement with
consensus ad idem and to agree on all terms and perform the relevant function with the aim
of obtaining interest on the part of both parties. So, these conditions must be met, which was
seen in the case where the company and the chain of Tasty Treats coffee shops met their
performance, but Betty just offered the price, no further action. Therefore, no award will be
received due to the absence of contractual liability. (Williams, 2021)

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 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?
In such a scenario, the sole proprietors signing the pre-incorporation lease will be
fully liable, meaning that Shreena and Gita will personally bear the losses and damages
because they signed the lease before becoming directors and owners of the organization.
Incorporation of a company holding various elements for the establishment of a company
which includes the registration of an entity that has bona fide and legal identification, in such
a scenario, a partnership agreement will be signed to share their shares and shares in order to
obtain rights and obligations in a form equivalent to profits and losses. The company name
must express the uniqueness and nature of the organization in question. It also includes the
establishment of a company where the articles of association are those that contain the rules
and regulations including the legislative provisions contained therein. On the other hand, a
Memorandum of Association is one that contains the details of incorporation and dissolution,
regulation of governance and other such aspects of companies. If these elements are included,
only a plant society can be established. (Verma, 2022)

REFERENCE
Cypher, R.L., 2020. Demystifying the 4 elements of negligence. The Journal of Perinatal &
Neonatal Nursing, 34(2), pp.108-109.
Johnston, E. ed., 2022. Challenges in Criminal Justice. Taylor & Francis.
McCarthy, B., Hagan, J. and Herda, D., 2020. Neighborhood climates of legal cynicism and
complaints about abuse of police power. Criminology, 58(3), pp.510-536.
Pratap, S., 2021. Judicial Precedent as a Source of Law. Jus Corpus LJ, 2, p.448.
Silchenko, N., 2018. Problems of hierarchy of sources of law. Gosudarstvo i pravo, (4),
pp.13-20.
Stewart, B.D., 2022. Sharma v. Minister For Environment: A Unique'Anns-wer'To Public
Authority Non-Liability For Climate Change Harms In Canada?. Minister For
Environment: A Unique'Anns-wer'To Public Authority Non-Liability For Climate
Change Harms In Canada.
Verma, S., 2022. A Critique on the Concept of One Person Companies, and Its Relevance in
Indian Entrepreneurship. Issue 2 Int'l JL Mgmt. & Human., 5, p.771.
Williams, L., 2021. Modern Handfasting: A Complete Guide to the Magic of Pagan
Weddings. Llewellyn Worldwide.