Nobody downloaded yet

Sources of English Law and Examples of their Use - Essay Example

Comments (0) Cite this document
Statute Law: Statutes are the primary part of English law, and they are the legislative portion. Legislation comes from government which votes on, and passes acts. These are not officially written in any single location; instead unofficial publications organise and collate these, often by subject…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.3% of users find it useful
Sources of English Law and Examples of their Use
Read TextPreview

Extract of sample "Sources of English Law and Examples of their Use"

Download file to see previous pages Statute law represents the primary legislation passed by parliament and consist of acts, as well as amendments to acts.

Common Law: Common law is a form of law that is not based on any external set of rules or regulations. Instead, common law is derived from previous cases. . By this part of its nature, common law is unique as it self-generates. These cases are often poorly documented and summarised, making the determination of what is common law difficult It is primarily used in cases where there is no legislation that covers the case currently being considered, and is instigated by judges, often in cases of negligence.

Equity: Equity is connected to common law, and was formed to assist in cases where common law was not enough. Equity occurs when common law has been applied in a situation, but the ruling doesn’t appear to make sense for the particular criteria or people involved. Equity does not happen in all cases; instead it is an option that the judge can take, rather than a right of those under the law. Initially common law and equity used separate courts, but now both occur seamlessly within the same court, and often the same judgment within the UK as well as other countries and colonies. Injunctions are one example of equity. As such equity occurs in areas of the law where common law is applied, as there is limited legislative backing for the situation, but the conclusion from common law does not fit the situation. European Law: This refers specifically to law that is connected to the European Union, which came into being towards the end of 1993. When the UK joined the European Union it was required to incorporate legislation from the European Union into the laws of the UK and to recognise the European Court’s jurisdiction in regards to European Union law. An example of a European law is the European Convention of Human Rights, which was incorporated into UK law in 1998. European Law, while applied in the UK, is developed through the European Union . Question Two There are many legislative acts created through statute law that are important in Britain. One of these that had a large impact on business was the equality act, introduced by the Labour Government in 2010. The act was designed to dramatically increase the rights of employees of all types, aiming to advance equality and protect against discrimination. This law had a major effect on businesses, increasing costs involved in dealing with disabled employees, as well as allowing avenues for issues of harassment and discrimination in the workplace to be addressed, which generally has the effect of improving employee morale . The case of Donoghue v. Stevenson was a case brought to the House of Lords in 1932. The case is monumental, as it was a case of common law that set the precedent for negligence in modern English law, as well as Scottish law. The case itself revolved around a snail that Donoghue claimed was poured in her ginger beer. She consequently brought action against the manufacturer of the water in the ginger beer, Stevenson. The case was important as there was no legal precedent, so the case fell into the grounds of common law . For businesses today, the case has important ramifications, as it has served as the basis of the concept that one person is able to owe another person a duty of care. The case of Seager versus Copydex was a case of damages and of breaches of confidence. The case was one of the early cases that ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Sources of English Law and Examples of their Use Essay”, n.d.)
Retrieved de
(Sources of English Law and Examples of Their Use Essay)
“Sources of English Law and Examples of Their Use Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Sources of English Law and Examples of their Use

Different Sources of English Law

...? Different Sources of English law In an attempt to elicit the different sources of English law, the basic step is to consider different countries that makes up the Unite Kingdom. Since it is made up of four different countries, the sources of these countries laws varies as well. There are three main sources of the English law, namely the case laws, the European law, and legislation (Barnett, 2008 p12). While the legal system of England and Wales are synonymous, in that the laws formed in England...
5 Pages(1250 words)Essay

English Law

...Repossessions (Protection of Tenants etc) Act 2010 (, 2010). Conclusion Although common laws in the form of UK Public General Acts can be used in the law of landlord and tenants, the samples provided earlier strongly suggest that the modern UK law on commercial property tenants are heavily based on the statutory laws. In general, the sources of law in UK is not based on superior laws wherein the soundness of other laws can be examined. In fact, there is no such superior laws in UK. Because of the presence of an “unwritten constituion” in UK, the UK...
8 Pages(2000 words)Essay

Use of English Language

...Use of English Language Reasons for use of Language within a Particular Discourse Community A discourse community refers to community which has its members using a given form of language or discourse. There are various types of discourse communities; in fact their attributes offers an illustration of their versatility. Therefore, this community can be described as a group of people sharing common interests such a group of highly knowledgeable technicians or scientists, lawyers. These groups of people use a common language, thereby leading to the term discourse community (Wolfgang, 22). On the other hand, use of a certain language by...
4 Pages(1000 words)Essay

Sources Of International Law

...) p.16 governed by international law." According to Schwarzeberger, Treaties are agreements between subjects of international law creating a binding obligation in international law. International treaties are of two types. Namely: - i. Law making treaties. ii. Treaty contracts i) Law making treaties: The provisions of law making treaties are directly the source of international law. Law making treaties are divided into two. a) International treaties which lay down general principles example, 1958 Geneva convections on the law of the sea and Vienna...
8 Pages(2000 words)Essay

Sources of Tort law those that reveal an internalized conviction that the implementation is essential or publicly sought-after. A simple behavioural regularity, missing the qualitative component of opinio iuris, does not produce a customary rule. In legal terminology, such behaviour is a sheer usage; in economic contexts it merely stands for an equilibrium convention. Moreover, standards deemed essential for social welfare are cared for as appropriate legal customs and can penetrate the legal system as principal sources of law. Finally, the jargon made use in the legal and economic literature is supposed to be measured up against the terms utilized in sociological literature. (Weber, 1978 at 319-20)...
8 Pages(2000 words)Essay

Company Law - English law

...(a) It was established in Salomon v A Salomon & Co [1897 that 'The company is at law a different person altogether from the subscribers. Nor aresubscribers as members liable, in any shape or form, except to the extent and in the manner provided by the [Companies] Act.'2 It is a general principle of English law that it is not possible in the absence of agency, a trust relationship or wrongful trading to hold one person liable for the debts of another.3 However, like most common law principles and judicial interpretations it is a rebuttable presumption which must give way to a statement to the contrary 'in clear and unequivocal language'4 by Parliament. Under its...
10 Pages(2500 words)Case Study

English Law

...and the absence of any effective modes of controlling, that is, the ministry of justice, meant during the earlier centuries that the judge's role was limited to maintaining courtroom order, framing the questions that the ministry of justice must answer, and ensuring compliance with the ground rules of the various forms of action. In addition, even the judges in England have been traditionally more independent. Throughout history, common law judges insisted that the principal source of English law was historical precedent rather than the will of the sovereign. On a contrary note, the Ministry of Justice system brings us face to face with a deep tension in...
5 Pages(1250 words)Essay

Creative use of English

...Rebecca (1938) by Daphne Du Maurier is consciously set in a world of polite psychological suspense that uses creativity to engender ambiguity as one of the primary forces that drive the language play of the novel. Rebecca lacks the straightforward Modernists touch and narrative experimentation, drawing broadly on gothic and Victorian sensibilities. What is essentially interesting about the language play is that though it indeed draws from sources like Jane Eyre or Vilette, it does not categorize this dream sequence and the experience of it to a logical semantic domain where diachronic linguistics may not help the reader to understand the language play. The use of language in Rebecca can...
11 Pages(2750 words)Essay

English law be the most austere amongst similar laws in any other part of the world. A wide – ranging list of various policies under the Data Protection Act are as follows: (Information Commissioners Office, 1998) The Bank has specific permission from the customer to store the data. The customer shall be made aware of the purpose for data collection. The data shall be processed only if the data is essential to a specific contract between the Bank and the customer. The data shall also be processed if it is a Legal requirement. Also under circumstances where the data processing is important for general Public functions. Data processing is also essential in order to carry out the interest of third Parties. Data processing is also...
7 Pages(1750 words)Essay

The Sources of Law

...Sources of law Thesis ment To show and describe the sources of law Law refers to a set o rules that are prescribed or formulated by a controlling authority and that has a binding force. The American legal system has a collection of rules that govern its behavior. There are two primary sources of American law; Legislative law This is by definition, a prescribed rule that is expressed in verbal form and is enacted by an authorized law making body. There may be several legislative bodies in a state; central, provincial or state and the municipal authorities. It contains...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Sources of English Law and Examples of their Use for FREE!

Contact Us