4002 Legal System for Business Law: UK Law & Contract Analysis

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This report provides a detailed overview of the legal system for business law, focusing on the UK legal framework. It distinguishes between civil and criminal law, outlining the roles of the High Court and Supreme Court. The report also covers contract law, differentiating between offers and invitations to treat, and explores the concept of consideration and its rules. Furthermore, it explains the UK law-making procedure, including delegated legislation. The document concludes by discussing the impact of contract law on business dealings, offering a comprehensive understanding of the legal landscape relevant to business operations. Access more solved assignments on Desklib.
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4002 Legal System for Business
Law
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TABLE OF CONTENTS.
INTRODUCTION...........................................................................................................................3
Part 1................................................................................................................................................3
Part 2................................................................................................................................................5
Part 3 ...............................................................................................................................................6
Conclusion.......................................................................................................................................8
References........................................................................................................................................8
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INTRODUCTION
The following report demonstrated about legal system for business law. Legal system
states about the rules and standards which has been enforced by country or community through
government institution (Miller, 2021). It is compulsory for the citizen This report also provide
detail information about civil law, criminal law. Besides this, role of following court such as high
court and supreme court. Along with this, contract law has been defined in this report. Difference
between offer and invitation to treat has also being described in this report. This report also
describe UK low making procedure. Apart from this process of making legislation is also being
defined in this report.
Part 1
Law refers to the discipline and regulation which are concern with the customs, practises,
standards and rules which are made for the community. In other words, Law refers to set of rules
which are made by a specific authority which are made for the purpose of providing security and
peace to people.
Legal system in UK
The UK has various legal system, one has been prepared for England and Wales. Besides this,
Scotland and Northern Ireland. It also defines, historical origin and describes retained legal
system and tradition. There are various common lows has been mentioned in UK which has been
made by Judges, and it is derived by custom. This law is known as common because it is applied
in the entire country. This common law includes substantive rules such as offence of murder and
other crimes. This law can be replaces by legislation which is known as trump which take
precedence over common law.
Civil law
Civil law defines the legal system which has been administered by the court of England,
which works for civil and criminal matters (Burhanuddin, 2021). The main objective of civil law
is to handle the dispute which take place between individuals or organizations. Civil law also
uses compensation or produces agreement and provides judgement to finance. The decision of
court in all the criminal cases will be guilty or non guilty. The main purpose of creating this law
is to stop the harmful activity in the country and create an environment in which people can live
freely. Example of Civil law is murder, rape and breach of contract. Civil law is one of the
popular law who's roots are in Europe. The main motive of this law is to give punishment to
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those people who did something wrong with any individual in the country. It also involves
various offens against the society. Civil law is also followed in German, Spanish and
Portuguese as it protects the citizen of that country.
Criminal law
Criminal law is the body which defines criminal offence and also regulates apprehension and
conduct trail of suspect person. It also fixes various penalties and uses different modes of
treatment which is being applicable to the person who made the crime. The main purpose of
criminal law is to protect the society and interest of people who are living their. Criminal law
majorly deals with robbery, assaults, murder etc. It also gives right to government so that the can
file petition against the criminal law.
Role of high court
The main objective of high court is to interpret and apply all the laws of UK. As it is the
highest court of UK so it is their responsibility that they ensure all the established rule have been
maintained and people follow them. Anther role of court is to resolve disputes and bring justice
to innocent people (Badruddin and et.al 2021). As high court is the third largest court of UK
which generally deal with all the civil cases of the country. All the cases of High court is mostly
heard by single judge, but there are certain kinds of appeals present which further assigned to
Divisional court, and bench of two and more judges.
Role of Supreme court
Supreme court is known as the final court and it plays a vital role in the overall
development of UK. Supreme court hears all the criminal cases of England and Northern Ireland.
It also hears arguable points of laws of public. It is also known as the final arbiter of law and
court is also charged with, offence. Supreme court has various power through which they can
transfer any civil and criminal crime from one state to another or sent to high court as well.
Part 2
Source of law
Sources of law refers to the origin of law and also bind the laws so that it can be followed by
people.
Case law is made by court of the country and it is also determined by the judges. It is the
third source of case law (Kersten, 2021). The main purpose of establishing this law is to bring
the judgement earlier. The primary source of law in UK is different government and decisions
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made by government in the country. The major source of case law is case reports and official
transcripts. Case law is being formed under the authority of parliament of the country. But the
primary sources of law is legislation through which the law gets created. Sometimes government
also ensure about the human right law and EU law. Case law has different origin in English
common law. This is one of the major case law, when judges can create case law. But there are
certain limitations which is involve in this law. As I
t do not consider of the country.
Process of making legislation:
To make any law in UK, then they have to follow a long procedure. It is compulsory to
pass the bill and it should get agreed by both the Houses of Parliament and Bill must get received
Assent from the Queen. After getting assent and approval the bill further get converted into law.
Earlier a proposed law is known as bill. The bill is also known as the first reading, which is
known as a notice that the bill is expected to get proposed in the parliament. It also provides a
chance to MPs so that they can prepare and discuss for further discussion. After that bill gets for
second reading.
This time the bill consider at the floor of house. Now the bill get looked by the MPs, and
they further examine the bill. All the MPs read the bill in detail and also examine them. After
this process, third reading of the bill get started and debate take place in the favour of the bill.
After having deep discussion, voting take place in the favour and against of the bill. If the bill
gets the majority in the favour then this bill further proceed to House of lord, and house of lords
pas the bill. After getting pass from both the houses, bill get sent to the queen for the approval.
When the queen give Royal Assent, the law has been formed.
Delegated legislation
It is known as the secondary or subordinate legislation. It is the process of giving
executive authority and power to create laws, so that administration and implementation of laws
can take place effectively (Duxbury, 2020)n other words delegated legislation defines power. IT
is the body which is made by the parliament. Example of delegated legislation is the formation of
laws which is made for the public authorities such as light, water etc. The primary role of
delegated legislation is to give authority to make rules for the working of these laws which has
been prepared for the light and water. So all the issues which has been arises which are related to
water and light are being checked by this legislation. Another example of Delegated legislation
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are regulations, ordinance and different standards. One of the biggest advantage of Delegated
legislation is that it does not required to get passed from the house of Parliament. It can be
formed through amendment changes. The need of this law arises to enable the government of the
country, to pass the law without wasting time to get approval from Parliament. Delegated
legislation also provide authority to conduct certain modification or add new sanctions and
changes in the law as per the requirement.
Part 3
Contract law
a Difference between offer and Invitation to treat
There is huge difference between offer and invitation to treat. As offer refers to very
basic and rely on the intention of parties. Offer directly allow other parties to get enter into the
contract when the party accepts the offer. On the other hand, an invitation to treat generally
invite the party to have negotiation and themselves make an offer which is being given to seller.
This is very general and fundamental difference between two.
In other words it can be said that offer can be considered as a proposal while as treat
refers to invitation which is sent to someone so that they can make a proposal. Offer get turn into
agreement when parties give their acceptance. But, an invitation to offer converted into offer
when responded is being given by the party whom it has been made. In offer, it is essential to
first make an agreement while in Treat it is not necessary to give any agreement.
Besides this, the main objective of offer is to enter into contract but in treat their main objective
is to receive offer from different people and also make negotiation so that contract can be created
by various terms.
B Consideration and respective rules
Consideration refers to the foundation on which every contract get formed.
Consideration can move as per the needs and desires of promiser (chulze and et.al 2021) .
Consideration can move from promisee to other person. The basic meaning of consideration is
something in return. In short, it is known as the price of the contract. But there are certain rules
have been made for consideration which needs to be followed.
Consideration has to move according to promiser
The performance of entire contract has to mover according to the desire of promiser not
as per the third party. But it is not necessary that the promiser always get benefit from
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consideration sometimes third party also get some benefit. But it is very important that there has
some connection between the promiser and all the actions of promisee.
Consideration may move from promisee to another person
This is the law of consideration that promiser should not have any objection in moving
the consideration to third party. If the promiser do not have any objection then it can become
possible.
Consideration must be in the past, present and future
Past consideration
If the promise is performed before the contract take place, it is being known as past
consideration.
Present consideration
When party of the contract performed their promise, and also perform the constitutes of
the consideration which is being performed by other party.
Future consideration
When the performance of the consideration take place is known as future consideration.
C Postal rule in contract law
Postal rule is general contract which do not get completed until acceptance is being given
as an offer which is being communicated by the offerer. It is one of the legal rule on which when
the offer get acceptance by post, it is known as postal acceptance. In this rule the acceptance is
being received when the letter get posted.
D Impact of contact law
Contract law governs the legality of all the agreements which is made between two or
more parties when the exchange of something take place (Eller, 2021). Contract law refers to the
body of law which is being enforced on the exchange of goods and services. Contract law has
become one of the important agreement in every contract. There for it has great impact on
various business dealing.
Conclusion
The entire report focuses on the legal system. This report provides detail information
about Civil and criminal law. Besides this role of Supreme and high court is also being
elaborated in this report. The entire process of making legislation is being defined in this report.
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However, contract law has been descri9bed in this report and various rules for consideration is
also elaborated in this report.
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References
Books and Journal
Badruddin, M. and Handoko, W., 2021. Roles & Responsibilities of Notaries in Making Wills
According to Civil Law & Islamic Law.
Sultan Agung Notary Law Review,
3(2),
pp.397-417.
Burhanuddin, S.F., 2021. Civil Law and Juridical Aspects in the Distribution of Marriage Joint
Property.
Budapest International Research and Critics Institute (BIRCI-Journal):
Humanities and Social Sciences.4(3). pp.3593-3601.
Duxbury, S.W., 2021. Who controls criminal law? Racial threat and the adoption of state
sentencing law, 1975 to 2012.
American Sociological Review.86(1). pp.123-153.
Eller, K.H., 2021. Transnational Contract Law. In
The Oxford Handbook of Transnational Law.
Gerhart, P.M., 2021.
Contract Law and Social Morality. Cambridge University Press.
Kersten, M., 2021. Forever Together or a Hope for Better? Liberalism and International
Criminal Law.
Temp. Int'l & Comp. LJ.35,.p.143.
Miller, R.L., 2021.
Business Law Today, the Essentials: Text and Summarized Cases. Cengage
learning.
Schulze, R. and Zoll, F., 2021.
European contract law. Nomos Verlagsgesellschaft mbH & Co.
KG.
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