Definition, Purpose & Rule of Law

Definition & Purpose of Law

• Legal systems comprise rules recognized by a community or country.
• These regulations govern actions and impose penalties for non-compliance.
• The purpose of laws is to maintain order within society
• Laws aid in resolving disputes between parties
• Laws protect individuals and their property
• Laws uphold justice and fairness.

Rule of Law Principles

• Laws need to be clear and consistently applied
• Laws should be constant, not subject to frequent changes
• Laws need to be prospective, applying to future actions, not retrospectively changing the legality of past actions
• A key aspect of the rule of law is the independence of the judiciary from other branches of government
• Individuals need to have the entitlement to a fair hearing in court
• Access to the courts ensures justice is available to all.

Development of English Law

• Common law has evolved since 1066 and is rooted in customs and judicial rulings
• Parliamentary supremacy entails that the parliament possesses the ultimate legal authority
• Judicial independence involves judges being free from external pressures

Doctrine of Precedent

• Stare decisis is when courts adhere to precedents set by higher courts in previous similar cases
• Ratio decidendi constitutes the legal grounds for a court's judgement
• Obiter dicta entails additional observations by the judge that are not central to the determination

Exceptions to Precedent

• Conflicting past decisions may arise
• Conflicts with Supreme Court rulings
• Per incuriam refers to a decision made in error
• Persuasive precedent exists, which is not binding but influential

Key Legal Cases

• Smith v Eric S Bush (1989) relates to a mortgage valuation case within tort law
• Gibson v Manchester City Council (1979) dealt with a housing sale contract
• Caparo v Dickman (1990) concerned the duty of care in negligence, a tort
• R (Miller) v Prime Minister addresses Parliament's responsibility in government accountability

Sources of Law

• Statutory laws entail laws enacted by the Parliament
• Common law constitutes judge-made laws rooted in precedent
• European Union Law affected UK legislation until Brexit

Legal Branches

• Public law includes constitutional, administrative, and criminal law
• Private law includes law related to contract, tort, and property

The English Court System

• The Supreme Court is the highest court in the United Kingdom
• The Court of Appeal reviews cases decided by lower courts
• The High Court includes the Technology and Construction Court (TCC), which handles complex construction and technology disputes
• County Court is responsible for handing civil matters
• These civil matters typically relate to contract or tort claims
• The value of these claims typically ranges between £25K to £50K in personal injury
• Magistrates' Court is the court responsible for dealing with minor criminal cases
• All family proceedings and licensing are dealt with by the Magistrates' Court
• Several tribunals manage disputes related to social security, employment, tax and immigration

Branches of Law

• Criminal law pertains to crimes and their punishments
• Constitutional law directs the structure of the country
• Administrative law directs government actions
• International law entails relations between countries
• Contract and commercial law touches upon agreements between parties
• Tort law address civil wrongs, like negligence
• Property law entails the aspects of ownership and use of land or structures
• Family law pertains to aspects like marriage, divorce, and custody
• Corporate law centers on business regulations

Codification & Legal Systems

• Codification entails organizing regulations into comprehensive written codes

Common Law Systems

• Common Law is based on court precedents
• Common Law is in place in the UK, Australia, and the USA

Adversarial Legal System

• The adversarial system entails each party presenting a case with proper legal representation
• The judges must guarantee due process and the laws are rightly applied

European Union & Brexit

• The EU legislation influenced the UK law before Brexit
• On January 31st, 2020 Brexit removed the EU's authority from the UK

Civil Dispute Process

• A claimant (plaintiff) starts a case by filing a claim
• The defendant responds after obtaining the claim
• The judge will apply the laws to the facts
• The standard of proof in civil cases entail the "balance of probabilities"

Alternative Dispute Resolution (ADR)

• ADR is applied to resolve differences outside the courts
• Adjudication entails fast track decision making
• This process can be used in 28 days in construction disputes
• Mediation entails negotiation though an unbiased neutral third party that is non-binding
• Expert Determination has unbiased experts rendering expert advice that is binding
• Mini-Trials entail presentation of a case to neutral advisors
• While conciliation shows parallels to mediation
• However conciliation entails support from the conciliator
• A neutral assessment forms early neutral evaluation
• ADR tailored for lease disputes is Professional Arbitration on Court Terms (PACT)

Litigation & Legal Terms

• Statute law constitutes acts of Parliament
• A case law entails judicial precedents
• Litigation constitutes taking cases to court
• Substantive law describes the rights and duties
• Procedural laws directs how cases are processed

Definition of a Contract

• A Contract is agreements done in writing or verbally that are legally endorsed
• Key components include offer, acceptance, consideration, legal capacity, and intention

Offers & Invitation to Treat

• Offers entail a willingness to enter under written terms
• Invitations are distinct from offers
• Invitations are requests for offers like auctions or advertisements

Key Cases: Offers & Invitation to Treat

• Carlill v Carbolic Smoke Ball Co (1893) entailed an offer to the public constituting a legally binding contract
• Gibson v Manchester City Council (1979) displayed no contract as a letter was an invitation to treat
• Pharmaceutical Society v Boots (1953) entails goods are treated like invitations, not legally binding offers
• Harvey v Facey (1893) entails that providing pricing details does not constitute a binding offer

Acceptances

• All acceptances must be unconditional, without variations or additional conditions
• Communication needs to be apparent, except when implied
• Communication methods include the written word, verbally or in conduct
• The postal rule entails acceptance holds when posted and not when received

Key Cases: Acceptances

• Brogden v Metropolitan Railway Co (1877) demonstrated that acceptance can be shown via business action

Consideration

• Consideration constitutes an arrangement between parties
• Promises to carry out actions in the future entails Executory consideration
• Executed entails a promise already complete

Contracts: Consideration

• An action in the past is invalid to use as considerations
• All considerations done entails having genuine worth, as highlighted in Currie v Misa

Legal Capacity

• Legally binding contracts with minors are invalidated especially for core requirements
• Mental incapacitations renders contracts invalid if a party cannot comprehend the agreement plus the counter party is privy to the deficiency
• Individuals intoxicated may have agreements dismissed if in ignorance of their conduct

Key Cases: Legal Capacity

• Ratification if sober is evident in Matthews v Baxter (18730 where contracts done while inebriated are legal if re-endorsed when sober
• Moutlon v Camroux (1849) entailed a ruling about contracts that are mentally incapacitated

Intention to Create Legal Relations

• In business agreements, an intention to create legal ties is taken as read
• Unless otherwise is expressed, domestic or social settings entail no legal intention.

Contractual Terms

• Express terms are fully written out
• Implied terms can be from legal standing, customs or prior interaction
• Conditions entails breach allowing for termination
• Warranties entails breaches allowing to a claim for damages

Exclusion & Limiting Liability

• Limitations from liability are referred to as Exclusion clauses which must be detailed to hold
• Parker v South Eastern Railway (1877) entails informing other parties for all exclusion clauses
• Thornton v Shoe Lane Parking (1971) entails endorsement prior to formation
• Olley v Marlborough Court (1949) entails an invalid clause if produced post formation

Unfair Contracts

• Unfair Contract Terms Act 1977 (UCTA) are restrictions on unacceptable sections
• The Contra Proferentem rule is for terms done written are done to disadvantage only the creator

Breaches & Vitiating Factors

• Terms that are ambiguous are analyzed against the party that did them
• Performance done dictates discharge from obligation
• Duties from agreements is where contracts are discharged

Performance of a Contract

• All engagements must be satisfied per term for agreements to be discharged
• A "Substantial Performance" entails payment to stand with change if unfinished work remains

Breaches of Obligations

• All breaches exist due an unkept responsibility to term
• A "Repudiatory Breach" is a severe breach allowing to disband
• Hurt individual in a potential breach, can continue the agreement
• Agreement breach states conditions include damages or dismiss
• Warranty breaches states damage fees over dismiss

Potential Legal Defences

• Any contract that does lack proper written agreement is invalid
• Agreement terms void for ambiguity
• Error in initial terms voids agreement
• Fraud or duress negates agreement
• Illegality makes agreement void
• Lack of capacity dismisses responsibility to agreement terms
• Breaches may be excused by a party waivering agreement terms

Nullifying agreement factors

• Parties capacity may not be present for persons that are minors or intoxicated
• Nash v Inman (1908) set necessary items as valid in agreement to protect the vulnerable
• Agreements may cease to be for any fundamental mishap
• If tricked into sign, agreements can be dismissed, identified as Non Est Factum
• Lloyds Bank v Waterhouse indicates document signing while illiterate allows dismissal for deceit
• Craddock Bros v Hunt indicates correcting errors done by the court

Misrepresentations

• False statments may force parties into unwanted agreements
• Intentional deceit entails the strongest course of action
• Derry v Peek (1889) entails losses due to companies doing future sales
• Damage payments and disbanding agreemnts are legal recourse
• Incorrectness from due-diligence is negligent conduct
• Damages are addressed through Misrepresentation Act 1967
• With v O'Flanagan (1936) entails agreements that are sincerely untruthful
• Reimbursement and dissolution occur

Duress, Undue Influence & Bargaining Power

• Duress entails pressure to agreements by force
• Injuction entails influence from perceived authority is negative
• Bargaining power imbalance is only unlawful due extreme abuse

Infractions to Contracts

• Void by statute comes from tax laws or competition
• Illegal from legislation are also done from common laws
• Void duties are removed
• If engagements are broken agreements are invalidated
• Damages are valid for illicit action

Remedies and Contract Discharge

• If the required obligation is done, an agreement can be labelled discharged
• Discharge in all is required over part

Avoiding Duties

• If part completion allows, divisbility dictates for payments
• Taylor v Webb entails rental debts are done when portions remain accessible
• Sumpter V Hedges entails payment required for accepted partial performance
• Contracts state payment minus imperfections
• Dakin & Co v Lee entails payment allowed for duty
• Hoeing v Issacs dictates for courts to allow parts payment
• Bolton v Mahadeva indicates complete performance needed if no completion

Preventing Duty

• Prevents entail reimbursement for lack of complete performance
• Tender entails all performed obligations for reimbursement on refused
• Startup v MacDonald dictates for obligation reimbursement of deliveries by buyers
• Time being a warranty is the norm, if its specified
• Critical terms dictate it explicit
• Agreement may end per party with new documents

Discharge by Frustration

• Frustration entails an event occurs inhibiting obligation
• Taylor v Caldwell entails subject matter destroyed is frustrated
• Personal issues where obligations are not doable allows frustration
• All contracts must now also be legal
• If reason it made cannot exist is frustrated
• Krell v Henry states there cannot be contracts for canceled coronation display

Limitations to Frustration

• Only outside-party actions to be factored
• Maritime National Fish v Ocean Travlers indicates inability to select actions dictates no reimbursements
• Difficulty to conduct is not frustration
• Davis Contractors v Fareham states no contract refusal due costs
• Events that may occur at all dictates for no frustration
• Obligations must be present, according to Parradine v Jane and strict performance is required

Breach Endorsement

• All duties are void if common law applies
• Statutes entail reimbursements for paid amounts for cancelled events

Breaches of Agreements

• Breach exists when unperfected
• Terms dictate duties
• Tradex V Bunge dictates key terms void all duties if undone

Legal Remidies

• Damages     - Intended to restore party     - Mitigation must occur with reasonable actions
• Damages are only present if foreseeable
• Hadley v Baxendale dictates actions are to be followed due to naturally occurring issue
• Victoria Laundry v Newman entails damages done with notice

Compensation and Punishment

• Payment agrees is acceptable, or pre-agreed
• Punishment clauses are void and unenforceable
• Losses can be determined as extreme in circumstances

Equitable Remedies

• Actions are granted via permission
• Agreements cant breached or agreed depending on cases

Liability

• Duty requires to uphold standards
• Philips V Whiteley dictates ear piecing for medical to hold standards
• Nettleship V Weston dictates instructor for cars holds duty

Established Duties

• Occupier Act sets duties for visitors
• Caparo states:     - If forseeable,     - If actions correlate and justice is done
• Failure to follow protocol entails violation
• Foreseeability dictates severity is required
• Omissions are not viable for the following:    - Special relationship     - Employer to employee
• Action correlates causation to damage

Causation

• Damages are done if predictable per breach
• Hadley states losses dictate what occurs
• Victoria V Newman indicates communication is require
• Loss recoverable stems either misinforming or destruction
• Smith V Eric entail surveying
• Loss is made if not for test

Objective Standards

• Harm are to be mitigated by responsible
• Compensation entails not acting and damage or coercion does not cause action in harms way
• Compensation and liability may be altered if found liable

Occupier Accountability

• Addie V Dumbreck entails rules against property users are accountable
• Humanity states standard
• Reasonable actions include warnings is all a property is required to present

Occupiers' Responsibilities

• Common law states for statute regulation
• Common humanity is done for a reasonable action
• Duty occurs where any dangers are present
• Duty of care depends if children present

Land ownership responsbilities

• Dumbing vs Liability states responsibility where any attraction may occur.
• Warnings may clear danger for individuals if followed and well visible
• Expert are responsible for their craft that may be followed

3 Requirements for Land

• Dangers are made knowingly to those likely to present a presence to these dangers
• All elements or parties are to be secured in law or a degree to allow completion for standard
• All construction must follow health and safety obligations at a minimum
• Act makes certain legal requirement for lawful visitors
• Statute covers both
• Law makes reasonable allowance and may clear liability
• In Short Safety Is Priority*

Public Nuissance

• Large groups with harm present
• Right to action exists if harm present or for local authorities

Law Definitions

What's required

• Is defined through legal use
• All ownership entails right     - Possession     - Use     - Entitlement
• Is defined through legal use
• All ownership entails right:     - Possession     - Restriction for access     - Transfer ownership
• Ownership may be obtained or transfer

Easements

• Used by those to access or restrict property for valid reason
• Land is for construction use
• Light and support is not restricted from use so as to ensure proper use
• Ownership has 4 steps and is granted per
• View access or parking is restricted so excess or restrictions on a person

Ownership

• Possession is acquired via sale or implied and only removed with consent
• Contract to rent creates lease so as to provide duty
• Licence dictates exclusive or not

Hopefully These Have Been Helpful!