Detailed Analysis of UK Legal System, Sources of Law, and Contract Law

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This report provides a comprehensive overview of the UK legal system, beginning with its classification of laws, including primary and secondary legislation, and a discussion of the rule of law. It then explores the sources of law, such as legislation, case law, parliamentary conventions, and general customs, along with their characteristics and impact on multilingual organizations. The report further examines how the UK law-making process affects commercial organizations, focusing specifically on contract law. It details the formation of contracts, including offer, acceptance, and consideration, as well as the contents of a contract, including express and implied terms. The report also covers contract termination through expiration, termination, vitiation, and frustration, and discusses damages and remedies for breach of contract. The report concludes with a list of relevant references.
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The UK Legal system,sources of laws and
aspects of contract law,Law of Tort,and
Employment Law
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1.0 The UK classification of laws
I. provide a clear definition of law within UK context
The rule of law In UK is a fundamental creed which has to be followed and obey by every
resident of the country and not follow arbitrary practices by other individuals of group. No
one is considered above the law irrespective of their personal achievement or position. UK
has no written constitution but the parliamentary sovereignty and the judgment of court act as
an unwritten constitution.
II. Define an discuss the characteristics of the two main classification of laws in uk.
The law of UK is majorly classified into 2 mainstreams which are primary legislation and
secondary legislation. Although, the classification has more streams that is quasi legislation
and European legislation. The primary legislation and secondary legislation is discussed
below:
Primary legislation
There are 2 types of primary legislation:
Public General Acts- Mostly, there are around 50 new public acts every year most of
which public general acts are passed within explanatory notes. This has been
followed since 1999, the notes are mentioned in clear English to make it loud and
clear to eliminate the risk of doubts.
Local and Personal Acts- these acts affects a specified or restricted locality or
individual person or body. In recent year it can be noticed that there were not more
than 5 local or personal acts passed in a year. In the Victorian era, the personal or
local acts were generally passed in context with the regulatory bodies such as
railways, companies constructing or maintaining canals, enclosed lands etc. before
1857, personal acts were considered as an important method of seeking divorce which
was later shifter under secular courts.
Secondary legislation
The secondary legislation covers various aspects of statutory instruments which comprises of
orders, rules, ethical codes, regulations etc. these are also subjected with different names
such as subordinate legislation, subsidiary legislation or delegated legislation. These statutory
instruments are generally regulated by the government ministers designated under respective
powers by the Parliament of UK.
III. Identify the three different legal system in uk
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The legal system of uk in being divided into three parts according to the respective
geographical; areas. These geographical regions are England and whales, Scotland and
Northern Ireland.
England and whales
Law in England and whales depends upon the legal system regulated by the courts in
their respective areas (Wilson and et.al., 2018). The court rules on each matter
whether it is a criminal matter or a civil matter. This legal system refers to the
common laws and regulations. There is no written constitution for law but it is
regulated by the judges in the court and their judgment is considered as the law if
passed and approved by various bodies.
Scotland
The legal system in Scotland refers to the ancient roman legal terms which date back
to the corpus juris civilis. Laws in this area also reflect the values and norms of
medieval era. The region has a mixed legal system that is why it is considered as a
unique legal system.
Northern Ireland
Northern Ireland’s legal system is sophisticated and simple which refers to the
common laws and norms. Supreme Court of United Kingdom directly administers the
legal system of Northern Ireland on both civil and criminal issues.
2.0 the UK source of law
I. Identify and briefly explain the hierarchy of the principal sources of laws in the English
Legal System
The principle sources of laws in the English legal system are:
Legislation
The primary and secondary legislation is the source of law formation in UK which is
regulated by court and ministers respectively.
The case laws rules of common law and equity, derived from precedent decisions
The common laws such as equality, proprietary right, civil rights etc. are the key drivers
of law making through this source as it is referred by the judges of court and it later forms
as a law.
Parliamentary conventions
The acts and laws passed by the majority of votes in parliament also acts as a source
of principle of laws in UK.
General customs
General customs and values are one of the key drivers in law making as it depicts the
humanitarian concept and norms of fair and equal rights.
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II. Explain the characteristics of the sources of laws identified above giving examples of
each
The characteristic of legislative source of law depicts the fair and equal values in law making
that passes through authoritarian body. This source is one of the strongest sources which
influence the principle of laws in United Kingdom (Arrowsmith, 2018). The laws derived
from precedent decision depict the practicality in legal formation through real life
illustrations. A parliamentary convention includes the ministers and other political bodies
which enhances the law formation and amendments by including their views in their
respective areas.
III. Discuss the impact of the respective laws on multilingual organization
The rules and regulations of United Kingdom have a positive impact on the multilingual
organizations operating in their geographic boundaries. The legal system of UK ensures
the equal and fair practices of business commencement which is the basic need for any
country. The organization just needs to follow the proper terms and conditions regulated
by the authorized body and it shouldn’t be indulged in some wrongful acts which can be a
point for suspension of their business. Company will need various permissions from the
authorities to establish their business which will need proper documentation that covers
every aspect of the organization whether it is operational, managerial or financial.
III.0 Give examples of how the UK law making process have a direct impact on
commercial organizations focusing on ONE of the below list:
Explain and give the features of one of the following laws:
(i) Contract law
Basic principles of English contract law:
Formation of contract
Offer- this refers to the willingness to come on specified terms for a period of time.
this is done with the intention of binding the other person if that person put their
signature on it and accept the deed.
Acceptance- it is the final consideration of terms and condition by every party
involved in the contract. It is accepted after reading every terms and conditions
thoroughly.
Consideration- this refers to a material of confirmation that can be in monetary or
other form.
Contractual intention- intentions for forming the contract should be specified
thoroughly in order eliminate any future confusion or misunderstanding.
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Form- the form of contract can be formal, informal, oral or written. But it is
recommended that a contract should be formally written and manifested to avoid
future risks.
Contents of contract
Expressed terms- these are those terms which are being set by the parties in the
agreement. The terms can be mentioned by the parties involved in more than one
document or contract. After the expressed term are thoroughly identified and
mentioned than its interpretation takes place which overviews various situations.
Implied terms- a contract may be influenced by various terms which were not
predetermined because it is interpreted later on while the actual period of contract
began. A contract should be made in such a way that it have a room for change which
can occur due to customer behavior, legal or environmental factors etc.
The end of contract
There are four ways in which a contract can be terminated or it can come to an end:
Expiration- majorly contracts are formed with an expiration date which mentions
when the parties involved can be relieved with the contract. This expiration date is
predetermined and it states the period in which contract will be effective.
Termination- a contract can be terminated if it is being breached by any party that
was binded to certain limitations and terms. The consequences of breaching the
contract are also mentioned in the document which is to be bear by the breaching
party. The party has to either bear the consequences or they can apply in court for a
legal session.
Vitiation- in this various facts are been examined that whether they are being met or
not in a way that was mentioned in the contract. If due to any reason the
specifications are not met then the contract can be terminated or vitiated accordingly
on the agreement of every party.
Frustration- the doctrine of frustration states that a contract can be terminated if the
specifications are not met due to an explainable and considerable factor. These factors
can be legal or other uncontrollable arguments.
Damages/ remedies
Damages or remedies refer to the compensation that has to be paid to the effected parties
due to the breach of contract (Kooistra and et.al., 2020). This is either evaluated on the term
and conditions mentioned in the contract are both faulty and effected party agrees. In case if
any party is not satisfied with the mutual understanding then they can file a case in court. The
court takes the matter in their hand and gives the judgment on the respective matter after
analyzing every aspect.
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References
Books and journals
Kooistra, E.B. and et.al., 2020. Mitigating covid-19 in a nationally representative uk sample:
Personal abilities and obligation to obey the law shape compliance with mitigation
measures. Amsterdam Law School Research Paper. (2020-19).
Arrowsmith, S., 2018. The Law of Public and Utilities Procurement Volume 1 & 2: Regulation
in the EU and the UK. Sweet and Maxwell.
Wilson, J.C. and et.al., 2018. Perceptions of psychological well-being in UK law academics. The
Law Teacher. 52(3). pp.335-349.
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