Legal Environment

Sample Case Study for Law Students

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INTRODUCTION TO LAW SYSTEM

Law is the system of rules defining correct procedure or the act. It governs society to maintain and direct it. In simple words law is defined by rules and regulation made by the law. Law is divided in two parts; civil and criminal law. The project is based on English contact law and its provisions. The given case study is based on contract law and tort law. The contract law and tort law are both based on the civil law. The given project will include description of laws regarding to the case study and it will include the previous case studies based on it. Then there will be analysis of case study on the described laws and the appropriate conclusions for the given case. The impact of the law on the given case study will be discussed and the liability for the party and defence available for the party will be included.

LEGAL ENVIRONMENT

Legal environment of business refers to meaning and classification of law. The government in every country regulates the business according to the defined priorities. Legal system of county is framed by the government of that country. Legal environment in UK is most supportive to the businesses in the world. Law is instrument of justice that gives assurance for the uniform applicability of laws. It regulates and has control upon the actions and behavior of individuals. The main objective of law is to maintain the order and securing justice for aggrieved party. Law is the command of sovereign and its body of rules are identified and enforced by courts of law (Andrews,2011).

The sources of the law in UK are- Legislation is those laws which are created by the legislature. Mainly it is based on the acts of parliament of that country. The main legislature in UK parliament is based in London. Common law includes the decisions of the senior appellate courts. European Union laws includes that EU law takes preference over UK law. It means if there is contradiction between UK and EU law then EU law will be considered. Constitutions of the country are also considered in the sources of law (Cooter and Port, 2014) customs it refers to acts done in the previous times are there for reference for today, they will be the base for the current situations.

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There are two components of law i.e. criminal and civil law :

The given case is purely based on the civil law as the both contract and tort laws are the area covered in the civil law. There are two contracts in the given case study first contact is between John and professional cycling team called the 7-7 team and the implied contact between the John and the team trainer Mark.

PRINCIPLES OF CONTRACT AND TORT LAW

Contract law

Contract law deals with the formation and maintain the promise. English contract law is body of regulating contracts in England and Whales. Contract refers to the agreement enforceable by law. It includes the legal enforceable promises done by the one party to the other party. Contract binds those parties for the performance. If the rules are not followed or performance is to done according to the rules it will considers as the breach of the contract and the following penalties will be attracted that was described in the contract. Principles of contact are agreement is made by the acceptance of valid offer by the party. In “harvey v Facey harvey sent telegram which stated uncertain offer for price so court held that there is no contract between the parties because there was not direct question and reply. ”Warde v Byham” in the given the unmarried couple had given their daughter for care to the neighbor for $1 the father made payment but after the remarriage of mother he stop paying (Gale, 2007). The court held that the mother is entitled for the payment. There should be valid consideration. There are no contracts without consideration but there are certain exceptions. There should be intention to enter in the contract of the parties. Parties related to the contract must be in capacity to enter it. There should be genuine consent to the contract it should not be undue influence. “Kleinwort Benson Ltd v Malaysia mining corporation Ltd The matter of the contract should be legal.

The principles related to the case study

Terms of the contract can be divided into expressed and implied terms. Expresses terms are those terms which are clearly stated in the agreement. Once the expressed terms are identified, another step is interpretation of the terms. The interpretation is not based on what the first party actually mean and what the other party understood, it is based on what a reasonable person will understood by the given terms in the contract (Kaveney, 2003). Implied terms refer to the terms which are not expressly stated in the contract but which the parties must have intended to include. There are two tests for the governing whether a term may be implied or not. First is “officious bystander” test where a term is so obvious which is to complied by the both of the parties and the second is “business efficacy” test where the contract would be unworkable without the term, the implied term can be by law and statue which are must ton be complied. ”ESSO petroleum v Mardon” [1976] in this case study Mardon entered into a contract with ESSO petroleum in respect of new petrol station but there were misrepresentation of some material fact regarding to the future uncertainty which cause loss to the Mr. Mardon but court held that no action for misrepresentation, however the claimant was entitled to the damages based on either negligent misstatement.

In the given case there are expressed terms between the John and the 7-7 team that john has to comply all the rules of the World cycling federation and there is clear provision that breach of any rule will lead to punishment that is repayment of the salary and who will fails a drug test, will be banned from the sport forever and there is implied terms between the Mark and the john for giving him suitable medicines which comply the rules of world cycling federation and drug test(Mckendrick, 2012).

Termination of the contract by the breach- a breach of the contract is occurred when the party without the lawful excuse fails or refuses to the performance of the contract or done a defective performance or makes himself unable to perform the contract. Failure of refusal of performance is considered as prima facie a breach (Morreim, 2002). Defective performance is when the party promise to do one thing but does another, which differs from the actual promise.”Peter Cassidy seed co Ltd v Osuustukkuk-Auppa Ltd.”[1957] in this case the claimant, an English company, purchased some ant eggs for exports which required license, further license was not granted to them so he break the contract and said he is not liable for the breach court held that there is foreseen possibility so the contract is not frustrated.

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In the given case study termination of contract is done by incapacitates himself by the performance of the contract. John failed in the drug test which makes him unable to participate in the race and he has repaid the salary given by the team (Ponser, 2004).

Vitiation- there are situation where the parties have reached the agreement but the doubt arises by existence or nonexistence of some fact or the occurrence or non occurrence of some event. It includes the misrepresentation and mistake. It provides the relief to the aggrieved party if it is proved(Partington,2013).

In the given case misrepresentation is done by the Mark by giving the medicine which contained such substances which were banned and john had failed the test. The misrepresentation was done unwillingly but still Mark is liable in this situation.

Tort law

Tort law is a body of law which provides remedies against loss or damages suffered where there is nonexistence of contract between the parties, still liability can arise on the bases of law of tort. It includes all the cases due to negligence and the acts of intentional wrongs which cause harm to the other party (Macmillan, 2012). Tort means wrongful acts done by the person which cause harm to the another person. Principles of the tort law include negligence, duty of care, damage loss and injury, strict liability and vicarious liability, remoteness of damage, defences to an action in tort.

Negligence refers to concept that includes the failure of performance of reasonable care that a prudent person would have exercised in the same situation (Wheare, 2009). The following fact should be present to proof negligence in court that there was duty to act and there is failure of duty to act. The negligence has caused harm because of the failure of the act. In the given case study negligence is done by the Mark. Mark is the team leader so he should know about the substances which were banned before giving medicines to the John. In the case study “Martin v. Herzog” there was violation of statue is negligence per se, under the doctrine of contributory negligence.

Duty of care is legal obligation on the party to perform which is imposed by the common law on an individual while performance. In the given case Mark should check whether the medicines are analyzed by the laboratory or not he should have the knowledge about the substance of the medicines. “home office v Dorset Yacht Ltd [1970] in this Borstal officers leave the boys unsupervised and the boys stole the boat which collided with a yacht owned by claimant it was held that home office owed a duty of care for their omission , as they were in situation of control to third party who caused the damage and the officers were held liable.

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Vicarious liability refers to get liable for the acts done by the other because they are in legal relationship with that person and are liable for the acts or offences done by them (Vicarious liability,2005). The relationship between can be of master and servant, employer and employee, principal or agent or parents and child (Graham, 2009). In the given case 7-7 team can be held liable for the act of Mark as he was the team leader so he should have knowledge and he should give suitable advice to the team members. In the case study “Mattis v. Pollock” in this case the owner was the liable for the violent acts of an employed doorman. Similarly in this case team will be liable for the act done by the Mark.

Impact on the given case

In contrast with contact law 7-7 team has right to cancel the contract with the John and take the repayment of salary from him provided by them and take the position back from john as he is not in capacity to perform the contract. Yes Mark is liable to john in both the law in contract law john can sue the Mark for that medicines and can recover the amount of loss from the Mark. In tort law there is case of negligence of Mark which caused harm to the John he can sue Mark for this he should know about the substances of the medicines and had given the false assurance to the John in negligence. In “Donoghue v Stevenson” in this case Mrs. Donoghue went to café with her friend and bought ginger beer, beer was in opaque bottle so it was not possible to see the contents after some time she saw snail in the bottle and she claim against the owner and her claim was succeed.  It is duty of Mark as team leader and shop owner to know about the medicines which he is providing to the customers and he is absolutely liable if any harm has done by the medicines to the customer. As he is running the medicine shop it is duty of mark to get analyzed the medicines by the laboratory for the assurance and knowledge of substances.”Doughty v turner company” [1964] in this case claimant was standing closed by and suffered burns from the explosion, the damage was too remote. The court held that it was not foreseeable that an explosion would occur.

Yes there is possibility of saving John’s position in the team and preventing the team from reclaiming the salary that they have already paid to John. First John can use clause vicarious liability against 7-7 team as he trusted Mark as the team leader he has no relation with the Mark, so John can make team liable for the act done by the Mark. Second he can proof it by that he did not know about the substances in the medicines, he consumed it because they were herbal and he rely on the Mark statement that the medicines are all natural.

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CONCLUSION

From the above study done for dissertation writing it has been concluded that a contract should cover its entire essentials for its validity. In contrast with contract and tort law all person should take care of their liability they should not neglect it. In the case of negligence it will be considered as offence by the party and he will be liable for that offence. The person should take care of the acts of those persons who are employed by him otherwise he will be vicariously liable for the act even if it is not done by him. In the given case study there is no fault of John so remedies are available for him and the person in fault was Mark.

References

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