logo

Types of Laws in UK | Report

   

Added on  2022-09-09

4 Pages1822 Words18 Views
Task 1
UK Laws
In the United Kingdom, there are a set of three legal systems, which are derived
from the geographical area and for various historical reasons, English law, Scots
law, and Northern Ireland Law. From the beginning of 2007 after the passage of
Government of Wales Act, 2006, the emergence of Welsh Law was developed.
However, these are not a separate legal system but emanating from primary and
secondary legislation from the National Assembly of Wales. In essence, there is
an overlap of these legal systems based on the three legal jurisdictions of
England and Wales, Scotland and Northern Ireland. Each legal system serves
each jurisdiction. Rising above this all are the laws of the United Kingdom. The
United Kingdom does not have a legal system by itself due to its political union of
previously independent countries. The existence of the three legal systems
entails; English law. It is administered by courts in England and Wales which rule
both civil and criminal cases. It is regarded as the original common law and
underpins these principles (Gary, Slapper, Kelly, David, 2017). Northern Ireland
law is a common law system that is used by Northern Ireland courts. It is similar
to English law. Scots law has a unique legal system with a basis from ancient
Rome. It is grounded on unmodified law and features aspects of common law
with medieval sources. Wells law is generated through primary and secondary
legislation of the national assembly of Wales. The Welsh legislation is referred to
as acts of the assembly.

UK Laws
Criminal Law
EU Law
-
Commercial
Laws
Personal injury
Law
Administrative
Law
Human rights
Law
Maritime law
Family Law
Employment
law
Covers aspects
related to
employment
works
Intellectual
property Law
Property law
Entails buying,
sale, and transfer
of tangible and
intangible goods
Entails legal
elements of
the
European
Union
Entails laws
governing
corporation
s and
business
Entails law of
Tort.
Entails deals
arising from sea
and boat dispute
Entail aspects
covering divorce
injunctions,
adoptions, child
abuse, domestic
abuse,
cohabitation
Covers
industrial
property and
trademarks
aspects
Types of laws in the UK
European Union Contract Laws Fact Sheet
- Laws are set by individual states in the European Union but the EU has harmonized aspects
of contract Laws.
- EU legislation can affect contract laws as it takes priority over national laws.
- EU has a standard contract referred to as the "Principles of European Contract Law".
Contract law and the European single market
- European Union has a single market that is designed to allow trade progress across the EU.
- EU has set rules to remove barriers and obstacles to free trade in the single access market.
- Various issues have been dealt with such as e-commerce and insurance and banking
aspects
- EU does not have the authority to regulate the contract law of individual countries
- Two parties have to decide where the contract law is to be signed and its applicable
jurisdiction.
- Professional legal advice is often necessary before signing a contract in another member
country.
The Principles of European Contract Law
- Set of model rules which guide business contracts based on simplicity and fairness aimed
at providing solutions for issues not covered by national laws.
- Principles are available from EU languages and businesses can make agreements on their
inclusion.
European contracts formation
- Elements crucial in the formation of the contract are similar to UK contract Laws.
- They entail offer making process and acceptance, confidentiality and good faith
Role of the agent in contract negotiation
- the agent's roles are an essential aspect, they are responsible for signing a contract
through the creation of a legally binding commitment to the business. In the contract law,
the roles of an agent in terms of their ability and limited roles are expounded. Further in
this section authority to act is covered deeply, further the relationship between agents and
business are elaborated in this section.
The validity of the Europe contracts
- After the contract has gone through the process of offer and acceptance both particles are
bounded on the terms set. In this chapter of the contract law, elaborates on how the
contract may become invalid. This can entail factual or legal errors and if a party fails to
deliver as per the agreed.
Interpretation of terms and words
-The Contract Law is written as clearly as possible to enable easier understanding for both
sides. Various versions apply to both parties. In chapter five of the Law offers the meaning
of words and terms for an agreement. The underlying rules of interpretation are based on
the intended meaning.
Content clarification
- Chapter Six of the contract Law offers content on effects that are geared at clarifying
elements in cases of potential dispute, other aspects such as obligations, prices, quality
and quantity re-included.
Performance obligation
- Covers the aspect of fulfillment to the act as contracted in the obligations. In this contract,
the establishment of obligations in the European contract is explained. Chapter seven of
the Contract Law offers an explanation on performance aspect in the contract terms,
entailing place, time, type and form of payment.
None performance and remedies
- Chapter seven of the Contract Law sets out an explanation of how a contract is performed
United Kingdom Contract Laws Fact Sheet
Formation of a contract
- In this aspect, the contract is formed giving rise to an obligation which enforceable by
law.
- 3 basic elements are essential; they entail contract agreement, contractual intention,
and consideration.
- The first requisite of a contract calls for the parties to reach an agreement, and
acceptance of the offer terms.
Offer : An offer reflects an expression of interests on specific terms which is
made on intentions of a binding role to whom it is being addressed to.
Acceptance : Acceptance is the final and unqualified assent expression on the terms of
the offer. In this avenue an objective manifestation on recipient on the
intentions of offer acceptance
Consideration : In common Law practice, the promise is not binding unless there
is something to value and consider. Consideration needs to be sufficient, from the
past and move from the promise.
Contractual attention: An agreement needs to be supported with contractual attention
so as to be binding for the creation of legal intention.
Form : The general rule that a contract can be made informally, however most
contracts are formal and in some cases, no role and written communication
are needed. Informal forms can be as binding as formal contracts.
Contract contents
Express Terms : Express terms are those set by the parties on the agreement.
The parties can have an opportunity to record their terms of the contract in
one piece of document. Once the express terms have been documented,
interpretation of the terms is addressed.
Implied Terms : Stated but can be applied in the contract can entail implied
terms which have been stated.
End of a contract
Expiration : Expiration refers to an end of a contract with the accordance of terms set
either through a fixed expiry date or right of termination.
Termination : Termination can fall in various avenues; breach, anticipatory breach and
termination for breach. Breach termination can occur in various
forms; repudiation, impossibility and substantial failure to perform.
Vitiation : This occurs in situations where parties have reached a
consensus but the question arises as to whether the existence or
nonexistence of the same fact or occurrence or nonoccurrence of some event.
This can occur from misinterpretation and mistakes.
Frustration : Under this doctrine, a contract can be discharged if its formation,
however after its formation, the unforeseen event occurs leading to lack of
completion of the contract, illegal or different from what was anticipated.
Frustration discharges parties from future performance duties.
Damages and remedies
Damages are aimed at compensating the injured party for the occurred loss due to the
breach of contract. For the entitlement aspect, the injured party has to demonstrate, actual
loss, type of loss or the loss not being too remote. However, at times damages can be
inadequate thus leading to specific performance or an injunction given by a court of law.

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Introduction to the Criminal Justice System
|6
|1863
|95

English Legal System
|15
|3885
|81

Business Law Exam Paper for BSC (Hons) Business Management with Foundation
|5
|2195
|251

UK Classification and Sources of Law: A Comprehensive Overview
|5
|2211
|102

Legal System for Business: UK Law and Employment Law
|9
|2772
|66

Business Law Assignment - (Solved)
|11
|3222
|74