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UK Legal System: Sources of Law, Contract Law, Law of Tort and Employment Law

   

Added on  2023-06-10

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BUSINESS LAW
UK Legal System: Sources of Law, Contract Law, Law of Tort and Employment Law_1
Answer to the question no. 1(ii)
)The law it can be defined as the rule and regulations that the government of the country imposes
on the citizens to ensure the peace and harmony among the country (Contero Urgal, 2019) All
theses laws are bound to be abide by the citizens of the country and they are required to follow to
the act that is made by the authorities. The of nation can be changes according to the need of the
society. It helps the strict the irregular or conduct of the individuals. The law of the United
Kingdom is also refers to as the common law or English law.
There are two types of the English law- criminal and civil law
Criminal law- it is the law that restrict the illegal act or conduct of the people and state
the punishment who are indulge in illegal activities that is forbidden by the law. This act
govern the society as large. Under this act those who indulge into the illegal activities are
punish by the imprisonment ,fine, or by both which ever court may thinks fit. In order to
prove the guilty of the accused court require to take considerations of twp factored which
is mens rea and the actus rea.
Civil law- It can be defined as a branch of law that covers the disputes between the two or more
individuals. This does not comprises of any criminal activity, it only talks about the civil
wrong that has been take place between the parties. One is the plaintiff and other is the
defendant. Plaintiff is the person who is the aggrieved party in the case and against whom
the civil wrong has committed by the defendant (Goto, 2018). Defendant is the person who
has committed the wrong which caused harm to the plaintiff in one or the other manner. The
remedies provided under the civil law are compensation, injunction, etc. by the court. It
covers acts like, negligence, vicarious liability, trespass,etc. For example- if a person suffers
any injury by the rash or negligent driving of the other person. Then the former is entitled
for the compensation for the loss (if any) or the harm done by the defendant.
Answer to the question no. 1(iii)
In United Kingdom, there are three different types of legal system exists, they are0 England and
Wales, Scotland and Northern Ireland. They contains their own lawyers, judges, court structures.
The laws of one particular jurisdiction could be applied to the other jurisdiction that is the court
situated in the other region similarly or equally. The courts of the different jurisdictions, can
UK Legal System: Sources of Law, Contract Law, Law of Tort and Employment Law_2
decide the matters of the other jurisdiction but the final call would be of the Supreme court of the
United Kingdom.
2- UK source law
Answer-
The law source can be divided in to 2 variants which are primary and secondary sources. Primary
sources can be further divided in to case laws and legislation whereas secondary sources is
divided in law journals, text books,treaties and many more (Munawar and Saputra, 2021).
Primary law source are the ones which are derived by official bodies which includes the court
observations ,legal statements,legal writing,documents of government and many more.
Secondary law source are referred to as the second hand resource's aiding in
analysing ,describing, and examining the law consisting of encyclopedias,treatise,amendments
and law alteration and many more.
Answer to the question no. 2(ii)
Characteristics of law source-
Primary sources-
Case laws – It refers to the cases or matters which are already decided by courts and for
solving the cases which are similar as previous one can be applied to decide the current
case known as the statements. The statements sources laws are law reports ,weekly
reports of law ,all England law,specialist and many more.
Legislations- It is the main law source of primary source. It means the law made by the
parliament of United Kingdom. UK doesn't have any written constitution as it is known
ass uncodified or partly made legislations. Laws which are made by parliament are
applied in the whole nation. Parliament can make or dissolve if they find it unfit.
Legislations are formed by introduction of bill in parliament which requires consent and
voting of members available there. It can be divided in two parts primary and secondary
legislation. Primary is the one which is sanctioned by parliament whereas the second one
is by transferring of law to other authority for making law (Rahman and Thelen, 2019)..
Secondary sources-
Law journals- There is wide scope of journals which some of them involves laws in
particular field and other containing general laws. The idea is publish by legal
UK Legal System: Sources of Law, Contract Law, Law of Tort and Employment Law_3

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