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The term "legislation" is sometimes known as "law".

Law is a system of broad, mandated


behavioral rules that are guaranteed to be implemented, declared, or acknowledged by the
state and is used to regulate social relationships.

Case law, often known as common law, is a branch of the legal system different from statute
law, constitutional law, and administrative law. Case precedent refers to instances in which
individual conflicts are resolved by a court using the specific facts of a specific case. (Cornell
Law School, 2020)

LO1:

1. It should come as no surprise that the law is the source of the law. This resource
offers countries with enforceable laws that allows them to keep sovereignty over their
own regions. People in the United Kingdom refer to a "comprehensive review of the
sources and records of English law" when discussing the origins of the law. It is
divided into two categories: legislation and judicial rulings. To be more exact, there
are two types of laws: main and secondary legislation. Bodies based outside of that
institution may produce secondary legislation by using the legislative power provided
to them by an act enacted by Parliament.
- The Parliament of the United Kingdom enacted this law.
- Section 25 of the UK Customer Rights Act 2015 specifies that the customer has
the right to refuse to accept the items if the merchant delivers less goods or fails
to meet the criteria of the negotiated contract. This rule is in place to guarantee
that the merchant does not take advantage of the customer. However, if the
consumer accepts the offer, the customer is still obligated to pay the amount of
commitment.
2. The party who files an appeal or protest with the court is known as a "appellant"
under the Law on Journalism (2021), while the opposing party is known as a
"respondent" if the procedures continue. In this case, Josephine Wong is the one
who sued Khalid Basfar.
- The court decied this case is the Supreme Court of Great Britain.
- The situation of Josephine Wong and Khalid Basfar was addressed with the
assistance of the 1961 Convention (on diplomatic relations), which was employed
in the process.
- This case will bind both the Employment Tribunal and the Employment Appeals
Tribunal (both subordinate courts).
3. The United Kingdom's Cabinet is actively involved in the legislative process. The
Prime Minister of the United Kingdom is in charge of choosing members of the
Cabinet, which is in charge of making major policy decisions (StudySmarter, 2022).
Although only parliament has the right to establish laws in any specific area, the UK
Cabinet may enact legislation to guarantee conformity with existing laws. First, the
government issues a Blue Book to discuss the proposed law and engage interested
parties; second, the government issues a White Book to generate bill proposals and
present them to the legislature (Riches and Allen, 2009). Finally, the measure is
submitted to the legislature by the administration. This piece of legislation is now
being debated in both the House and the House of Representatives. A measure is
said to have become law after getting royal assent. In addition to bills, the United
Kingdom's cabinet may contribute to the legislative process via approved legislation.
Council orders, statutory instruments, and regulatory instruments are the three types
of delegated legislation (Adams et al., 2020). Parliament has delegated the creation
of some statutory instruments to the United Kingdom's cabinet and local
governments. Case law, on the other hand, is often and virtually usually formed
entirely by the separate courts. As a consequence, the British government had no
part in the development of common law.
4. In this specific case, the corporate contacted the newspaper because it had
published a story on the company's press conference. And they argue that the press
conference in issue is not covered by the Act since the idea of a "press conference"
did not exist at the time the Act was passed. First and foremost, we must
comprehend the five legislative norms of interpretation. Contextual rules (words
derive meaning from their immediate context), literal rules (words are understood in
terms of their apparent value), the golden rule (where there are two literals, the rule
that is the least ludicrous must be passed), the statute rule (the statute rule must be
interpreted to close the loophole in the law it is intended to correct), and rules with a
purpose (interpretation). When applied to a case like this one, the rule of purpose
works well. The Act allows for the reporting of public or public meetings, unless the
meeting is completely private and secret for a particular person or company.
However, since the "press conference" mentioned in this case is not in any way
secret or private, we will refer to it as a "public meeting" instead. Even though there
was no such thing as a "press conference" when the Act was enacted, this event
qualifies as a "public meeting" and is therefore still covered by the Act's prohibitions.

LO2:

5. According to the information Paul provided, he was successful in completing the GFA
challenge outlined in the advertisement: "First 10 people completed 2 kilometers on
the new gym's water rowing track." will win 1 Annual Membership worth €1,500," but
the owner stated that the offer is no longer running and that no free memberships
would be given out. in under 7 minutes. The question is whether Paul is entitled for a
free GFA membership based on Facebook marketing.
Carrill v. Carbolic Smoke Ball Co., determined in 1893 and reported in 1 QB 256, is a
case that is comparable to this one. The Carbolic Smoke Ball Company has
announced that they would reward customers who continue to suffer from influenza
after using their product with a hundred pounds. Mrs. Carrill utilized it appropriately
after seeing an advertisement about it. Despite taking the medication, she had the
flu, and as a consequence, she asked that the plaintiff pay the requested
compensation. According to LawTeacher (2021a), the Court of Appeal determined
that this advertisement qualified as the company's unilateral contract offer and
supported the claimant's case.
The management of GFA has clearly displayed the advertisement, however they
have not supplied any information on the timing. As a result, if they decide to remove
or update the notice, they must guarantee that all participants are informed of the
start and end times of this offer. After Paul has behaved in line with the plaintiff's
requests, the owner of the firm chooses to cancel the promotion without giving any
information on the day it was originally scheduled to take place. When GFA chose to
discontinue the campaign, the corporation violated the contract because it did not
make an attempt to guarantee that the customer understood all of the terms and
conditions of the agreement (Definitions.uslegal.com, 2022). In this case, Paul has
the choice of negotiating with GFA management about membership awards or suing
GFA in order to acquire the membership that GFA advertised in the advertising.
6.
a) Allow the repeat performance
According to paragraph three of Article 55 of the CRA, "the consumer cannot
require repeat performance if completing performance of the service in
compliance with the contract is impossible." (2015 Consumer Protection Act) In
this case, the catering service provided Selena's buffet, and it was done, so
Selena couldn't request it again. Furthermore, Selena had plans to transfer to a
different location the next morning and didn't want the service provider to
organize another party for her. Selena couldn't ask them to repeat the buffet since
it was completed.
b) Repudiate contract and claim damages
Selena and the catering party first agreed to the conditions of a contract, which
stipulated that the party had to be delivered no later than six o'clock in the
evening on the appointed Saturday. The food service side of things, on the other
hand, did not follow this clause of the contract and delivered at 10 p.m. A
condition, according to Riches et al. (2009), is a major provision that is required
for the purpose of a contract. The party that believes it has been harmed may opt
out of the contract and submit a claim for damages. Because the dinner was
delivered late, it is evident that the entity responsible for supplying Selena with
food service violated the contract they had with her. As a consequence, Selena
has every right to withdraw from the arrangement and demand restitution for her
damages.
7.
The issue at hand is how the event will play out in the lives of Jessica, Belinda,
Matthew, and Tom in this specific circumstance.
- Jessica: Even though Jessica was not there when the tragedy happened, one of
her relatives, her daughter Belinda, was injured as a consequence of it. Jessica
was startled to learn that her daughter had been wounded when she visited her in
the hospital. She stands a possibility of winning the case if she files a lawsuit
against the unit and bases it on McLoughlin v. O'Brian (1982). (1982). As a
consequence, the House of Lords emphasizes that recovery following accidents
is not limited to the primary victims, but also includes individuals who are
concerned that they or a loved one may suffer psychological harm. This includes
direct and indirect victims. Jessica's case is similar to McLoughlin's, in that the
latter experienced psychological trauma as a consequence of this matter's
significant influence on a loved one; as a result, Jessica was able to successfully
file a claim for compensation for the injury she suffered.
- Belinda: She was a victim of High Heaven's inattention to detail. The wheels
ended up on the ground, along with the children from less fortunate homes who
were sitting in the cabin. Belinda was one of those who sustained an injury as a
direct consequence of High Heaven's irresponsibility. The facts of Belinda's case
are remarkably similar to those in Page v. Smith [1996 AC 155]. Page v. Smith
[1996] AC 155 included a lawsuit brought by the plaintiff, Page, against the
defendant, Smith, stating that Smith's negligence had resulted in accidental
physical and neurological injury (LawTeacher, 2021c). This case was permitted to
continue since the plaintiff could estimate their damages properly. As a result,
Belinda stands a good probability of winning the lawsuit and obtaining treatment
and compensation from High Heaven.
- Mathew: If Matthew wishes to have a better grasp of his surroundings, he should
read about the case of Dooley v. Cammell Laird (1971). In this specific case,
Dooley, who worked as a crane operator for the company accused of the crime.
The traumatic occurrence happened when the rope he was using to carry his
baggage broke abruptly one day. Because the defendant breached his duty of
care to the plaintiff by supplying defective equipment, the court granted his
request (LawTeacher, 2020a). Because the defendant provided the
malfunctioning equipment, the court allowed his request. As a result, in the
scenario she offered, Matthew, the person operating the massive wheel when the
disaster happened, also experienced psychological shock; so, the High Heaven
side would be held guilty.
- Tom: And now for the decision on Tom's case. He is someone who, like small
Belinda, was in the game's cabin at the time of the accident and was sitting there
when it occurred. He was not physically damaged and was effective in saving
injured children. The case that we need to revisit for Tom's predicament is
Chadwick v. British Railways, 1 WLR 912 (1967). Chadwick had a mental
breakdown and died at the site of the catastrophe that year, despite having
spared 90 people from the oncoming disaster. His legal team sued the railway
company for negligence. According to LawTeacher (2020b), the court agreed with
the plaintiff since the defendant may have predicted that the plaintiff would suffer
physical or mental harm as a consequence of seeking assistance. Despite the
fact that Tom has not been physically harmed and has saved others who are in
danger, he is still susceptible of having a catastrophic mental collapse. This
indicates how similar Tom's circumstance is to Chadwick's. As a result, High
Heaven may be able to compensate for whatever psychological trauma Tom may
have endured.

LO3:

8.
a) The business is a unlimited partnership
According to Adams et al.'s 2020 study, if this firm is constituted as an unlimited
partnership, all general partners will bear equal responsibility for the company's
duties and liabilities. As a result, even though George's irresponsibility was the
main cause of this catastrophe, all members of KwicPic, including Bill, Donald,
and George, will be held accountable for this occurrence.
b) The business is a LLP (Limited Liability Partnership)
The Limited Partnerships Act of 2000 states that if a firm is established as a
limited liability partnership, the company is a separate legal entity from its
members and has limitless capacity. According to the Limited Liability Partnership
Act of 2000, the members of a company are responsible for contributing to the
firm's assets. Section 1 outlines this duty. Section 6 of the Limited Liability
Partnerships Act of 2000 states that if a member of a company is liable to any
person for his or her actions in the course of business or with the competent
authority of the company, the company shall be liable to the same extent as the
member, and other members are not personally liable for the company's or any
other member's actions. As a consequence, KwicPic will be held accountable for
George's actions in this situation. It's hardly unexpected that Bill and Donald
refuse to assume personal responsibility for George's miscalculation. Instead,
KwicPic will be held responsible, but George's actions will be held against him to
an infinite degree of accountability. If the firm's assets are inadequate to
compensate for the losses caused by George's negligence, George's personal
property will be held responsible for the expenses of such damages.
9.
Sections 179 and 166 of the 2013 Code of Corporate Ethics provide that directors
are entitled to act in a manner consistent with their legal authority. These parts state
that directors are permitted to act in accordance with their legal power. A company's
director is often held responsible for a wide range of obligations, including the
creation of the firm's growth and operational plans, as well as the administration of
the company's day-to-day commercial operations. Directors are given considerable
authority, yet they are also held responsible for considerable duties. They must,
however, offer these possibilities to the board of directors before they may directly
confirm any of these options. These policies will be approved and implemented after
getting unanimous consent from the board's members.
The two sorts of directors that may be appointed are executive directors and part-
time directors who do not have executive duties.
If the requirements are implemented, the alternative directors will be entitled to
choose a replacement director to represent them at board meetings (if they are
unable to attend the meetings themselves).
A shadow director is someone who is recognized as acting in line with the directions
issued by a reputable business. This individual may use his or her voting power to
influence the activities of other directors. They are accountable for tasks equivalent to
those of corporate directors.
10.
A public business in need of funds may get it in one of two ways: by soliciting
donations, issuing bonds, or borrowing money.
Using the first way, publicly listed firms may borrow money from financial institutions,
convince big investors to engage in the company, or become shareholders by
acquiring company shares. However, if the company chooses to borrow money from
a bank, it will be required to make monthly interest payments while also
demonstrating that the company is capable of fulfilling its financial responsibilities.
How to call investors or issue shares will result in a more fair distribution of the firm's
profits, while shareholders or investors will be allowed the power to participate in
critical corporate decisions. Furthermore, owners and investors will suffer losses
equivalent to those suffered by the company if it declares bankruptcy or the value of
its shares falls.
The second option is to issue bonds. When a business chooses to issue corporate
bonds, it posts an offering on the market for a set number of bonds, which it then
sells to bondholders (the firm's creditors), and the bonds expire on a certain date. It is
the Company's obligation to make interest payments on bonds to investors and
creditors prior to each maturity date. In terms of dependents' rights, they are entitled
to enjoy high interest rates on bonds they have purchased; nonetheless, doing so
exposes them to significant risk. These individuals are also unable to make financial
contributions to the company or hold management roles inside it.

LO4:

11.
a) According to Elliott and Quinn (2017), the case will be a civil trial since there is a
conflict between a person and an organization. Because the case involves a
contract between a person and a company, it will be heard by the High Court, and
specifically by the Queen's Bench Division, which is the division of the court
responsible for determining contract and tort problems.
b) Elliott and Quinn (2017) state that the Civil Division of the Court of Appeal is the
only branch of the Court of Appeal that has the power to entertain an appeal of
this ruling. This is due to the fact that the issue ought to have been dealt with by
the High Court from the very beginning.
12.
In many respects, the settlement achieved via litigation differs from the settlement
reached through arbitration. The legal method that brings the case to court and
allows the judge to make a judgment based on the attorneys' assertions, evidence
given, and facts (Robertsons Solicitors, 2022). This is referred to as litigation
(Robertsons Solicitors, 2022). Arbitration, on the other hand, is one of the alternative
dispute resolution processes that enables two parties to resolve their issues by
appointing unbiased and independent third parties (Adams et al., 2020). Arbitration is
one of the dispute resolution techniques that allows two parties to settle their
disagreements by appointing a third party as arbitrators. Adams and colleagues
(2020). In contrast to arbitration, which is a private technique of settling civil concerns
with a judge or arbitrator, litigation is a public manner of resolving civil and criminal
issues in court. Arbitration may be conducted in secret. Furthermore, appeals are
available throughout the litigation process but are not authorized during the
arbitration phase. According to Robertsons Solicitors (2022) and Allen (2022), both
suggested settlements have advantages and disadvantages.

Arbitration Litigation
Type of Proceeding The conversations that take Held in open courtrooms
place between the two
parties are strictly private.
Evidence allowed In the open court and in the The Application of
sight of the entire public. Evidence Rules Will Be
Accepted
Jurisdiction Only in some certain criteria The elements that
influence whether or not
evidence may be
submitted.
How arbitartor/ judge Both parties have agreed on The judge will be chosen
selected an arbitrator. by the court, and the
parties will have little say
in the process.
Appeal available Normally final; no further It is possible to appeal
recourse is available the decision.
Speed of process; A limited period of time will There is a huge delay in
waiting time before begin after the designation processes as we wait for
start of an arbitrator. the case to be scheduled.
Costs Compensation for the Costs connected with
arbitrator or lawyer going to court and hiring
legal counsel
Use of attorneys Restricted to what the Significant dependency
parties have agreed upon; on legal counsel; crucial
open to debate

REFERENCES:

1. Adams, A., Caplan, S., Lockwood, G., 2020. Law for business students, Eleventh
edition. ed. Pearson Education Limited, Harlow, UK ; New York.

2. Carlill v Carbolic Smoke Ball Co, 1893.

3. Chadwick v British Railways Board, 1967.

4. Consumer Rights Act 2015, 2015. . King’s Printer of Acts of Parliament.

5. Dooley v Cammell Laird, 1971.


6. Elliott, C., Quinn, F., 2017. English legal system, Eighteenth edition. ed. Pearson
Education Limited, Harlow, United Kingdom.

7. Limited Liability Partnerships Act 2000, 2000. . Statute Law Database.

8. McLoughlin v O’Brian, 1982.

9. Page v Smith, 1996.

10. Poussard v Spiers, 1875.

11. Riches, S., Allen, V., Keenan, D.J., 2009. Keenan and Riches’ business law, 9th ed.
ed. Pearson/Longman, Harlow, England ; New York.

12. Shalchi, A., Cowie, G., 2023. Retained EU Law (Revocation and Reform) Bill 2022-
23.

13. VINCENTE, N. (2021) Tiếng Anh pháp lý: Cơ bản về tố tụng dân sự, Luật Khoa Tạp
Chí. Available at: https://www.luatkhoa.com/2021/01/tieng-anh-phap-ly-co-ban-ve-to-
tung-dan-su/?fbclid=IwAR07-fjFjjM0KUdFWFml5vmo08nN9WGZi1qYR5KL-
Q5KxXduqs_jskC7Z8w
14. Wex Definitions Team (2020) Case law, Legal Information Institute. Available at:
https://www.law.cornell.edu/wex/case_law?
fbclid=IwAR28apMCXJd30jnPOia4n3eWHU6CWiFSBHvdLiuWaaQmAfJe8UbmJ1aY
Gjk.
15. Definitions.uslegal.com. (2022). Breach of Contract Law & Legal Definition. [online]
Available at: http://definitions.uslegal.com/b/breach-of-contract/
16. Robertsons Solicitors. (2022). Ltigation vs Arbitration: key differences, process, and
cost. Available at: https://robsols.co.uk/litigation-vs-arbitration/

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