BLAW 2ND

[Document subtitle]
1. Explain the following:

(a) “The differences between private law and public law including the areas of law that
they cover”

"Private rights include civil law (such as contract law, torts law and property law), labor law,
trade law, corporate law and competition law"

"Constitutional law, statutory law and criminal law are included in public law. Constitutional
law takes into account the relationship between the State and the citizen and the branches of
the State. Administrative legislation governs organizational management practices and
establishes administrative agencies' powers. Criminal legislation includes the State imposing
penalties on identified crimes"

(b) “English doctrine of stare decisis and the system of judicial precedent”

Since the doctrine of precedents is an integral element of the English legal system, it is undeniabl
y necessary to know how it works. Under the structure of the system of the English courts, it is a 
basic understanding to obey prior rulings in such cases where those cases do not apply

2. “In relation to the law of the tort of negligence, explain the tests of duty of care
established by the courts in Donoghue v Stevenson 1932, Caparo Industries plc v
Dickman 1990 and Hedley Byrne v Heller 1963”
"Donoghue v. Stevenson" is an important case in English law that establishes the modern
principle of liability in tort law and establishes the specific 'care responsibility' principles which
resolve civil misconduct that does not stem from contract terms. "When Lord Atkin" decided
upon this situation, he relied about the use of the 'neighbour theory.' However, over 80 years ago
Donoghue v Stevenson" as well as the structure evolved and modified naturally. Existing legal
framework and carelessness have matured with each new case that establishes basic concepts
when new problems occur. In addition to contractual relations, the neighbouring principle
extended liability and thus opened the door for negligence lawsuits for the affected persons to
whom an obligation could be due in either case. However, the neighbouring principle was
criticized for being 'overly' broad but does not generally extend to all offences and the courts
have had to take account of the basic concepts scenario.

3. “What is meant by the veil of incorporation? In what circumstances can the corporate
veil be lifted? Discuss with reference to case law and Acts of Parliament where
applicable”

A legal principle that distinguishes a company's identity from its shareholders' identities and
protects it from personal liability for its debts and other responsibilities.
"Corporate Veil Lifting"
Often it can happen, that the firm's management personality is used to commit fraud and
wrongdoing or wrongdoing. Since an automated human cannot do something illegal or
fraudulent, the corporate personality façade will need to be eliminated to identify the real
culprits. This is known as 'corporate veil lifting.'
It describes a situation in which a shareholder is responsible for the debts of his company despite
the law of restricted responsibility and/or personality. The veil principle is used when the
differentiation between of company and the shareholders is blurred by shareholders. A
organization or company may only operate through its agents. As a result, there really are two
primary ways in which a corporation is responsible in company or corporate law: firstly by direct
responsibility, and secondly by secondary responsibility.

4. “In relation to employment law, Explain and distinguish between the following:
(a) Wrongful dismissal
(b) Unfair dismissal
(c) Constructive dismissal”

"Constructive dismissal" in labour law is often referred to as constructive discharge whenever an

employee is dismissed because the employer creates a harsh work climate.
Abstract Dismissal is whether a boss downplays a worker in lieu of salary or salary. This ensures
that they will be only charged up to the time of the termination and are not entitled to a statutory
or contractual notice pay.
The appeal deals primarily with issues of fairness in an unfair dismissal action, including the
nature of a cumulative basis, a right to emotional distress damages, whether one may or can not
sue for "malfaith discharge" and an adequate duration of the fair period of notice. The cross-
appeal poses a question of bankruptcy code, including whether an unreleased bankruptcy will
continue to take action in his name for the unlawful dismissal.
This could include cases in which an employee was not aware of an adequate justification for
dismissal or when the supervisor has not observed his own dismissal or disciplinary policies. As
noted, dismissal should be a last option and a long process must occur that shows that the issue
was not solved by any means until dismissal was contemplated. Unfair rejection can become a
difficult thing to prove, so considering something that might because it is a smart idea. This
could involve stuff like that you entered a Union, felt obliged to retire or asked for flexible
employment. These examples all fall within your worker protections (including several more
examples), but you can't just be fired for those reasons. Some dismissals are classified as
"automatically unreasonable," so there is no need for much examination to show that the
termination is unfair.

Part b:

(1) “The legal requirement of having a company’s accounts audited”

In compliance with the widely agreed auditing principles, the report of the accountants shall yet
if the financial statements have already been properly drawn full compliance with the firm's act
and whether the status of affairs and the benefit or loss of an accountancy firm have been
accurate and equal to each other. The auditors' review shall, where appropriate, consider whether
details used in the actor's report is compatible with the reports.

“Whether PJM Designs Ltd. can be exempted from having their accounts audited”
This is due to the exception and conditions exist where the audit report is not considered necessar
y.According to L.N 101 of the 2019 Companies Act (Audit Exemption) Regulations 2019, if the 
following provisions are met, a corporation is excluded from the requirement that its annual repo
rts be audited for the first two accounting periodes:
 The company's annual turnover does not exceed 80,000 euros or prorata if the accounting 
period concerned is a period other than 12 months;
 All company shareholders are qualified shareholders;

“If the company’s accounts have to be audited, the procedures of appointing an auditor”
"The board of directors appoints the very first auditor or auditors. He must be appointed to
represent the offices 30 days after registration before the next Annual General Meeting. If the
managers do not, the company registrar will appoint an auditor before the next meeting. If the
above auditor is to withdraw, the corporation must notify the board of directors in writing of 28
days. This 28-day warning is required in order to withdraw or resign the auditor thereafter, i.e. if
the shareholders wish to terminate an auditor, they must have a 28-day warning before the
AGM. The shareholders shall nominate an auditor at the AGM (28 days’ notice must be given to
the outgoing Auditor)"

2) “Advice Johanna, who is refusing to pay the higher price, and is demanding that the
goods be supplied to her at the price that she had seen on the website”

I shall briefly describe the principles of common law relating to the advertisement of products
and services and related sales contracts. It was clear that there was a typological mistake from
the advertisement company so there should be no penalty imposed on the company but on the
other side they are offering a 100 as a discount so that would be a courteous gift from them.
There should be no legal compulsion on the jewellery shop for giving the jewellery on the
wrongly stated price. When a provider announces products or services to people by means of
some form of mass media, like media, directives or collections, it is generally deemed to be an
invite to do business or merely to do company. Nevertheless, based on the individual wording of
the commercial and the events surrounding this, it can be a contractual offer to the universe that
matures into a deal with somebody who accepts it.
Reference list

admin (n.d.). Appointment of an auditor. [online] Khilji & Company. Available at:
https://khilji.net.pk/appointment-of-an-auditor/ [Accessed 4 May 2021].

J, A. (2019). Difference between Sole Proprietorship and Partnership. [online] Economics

Discussion. Available at: https://www.economicsdiscussion.net/difference-between/difference-
between-sole-proprietorship-and-partnership/31824.

StuDocu. (n.d.). The Legal and Professional Requirement. [online] Available at:
https://www.studocu.com/row/document/jomo-kenyatta-university-of-agriculture-and-
technology/bachelor-of-commerce/lecture-notes/the-legal-and-professional-
requirement/6351157/view [Accessed 4 May 2021].

www.mondaq.com. (n.d.). Audit Requirements And Audit Exemptions - Accounting and Audit -
Malta. [online] Available at: https://www.mondaq.com/audit/952832/audit-requirements-and-
audit-exemptions [Accessed 4 May 2021].

www.saflii.org. (n.d.). Incorrect price advertised: price not binding (Case 1) (20145261021)
[2014] ZACGSO 16 (2 July 2014). [online] Available at:
http://www.saflii.org/za/cases/ZACGSO/2014/16.html [Accessed 4 May 2021].