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Business Law - common law question - Essay Example

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Business Law - Common Law Question Introduction Law is a tool to regulate the social as well as economic behavior of the society. It is a collection of rules as well as regulations for governing the society by social institution. Laws are formulated by the government or the legislative body of the country…
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Business Law - common law question
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Download file to see previous pages Law is separated into two parts which are criminal law as well as civil law (Barker, 2000). Criminal law is enacted when some harm is committed to the social order and the convict person is penalized with fines or imprisonment. Criminal law is developed from the common law as well as the statutes enacted by the government like the Crimes Act 1900 New South Wales (NSW). Most of the criminal statutes of Australia are derived from the English criminal law. Criminal law is divided into two segments which are ‘indictable offences’ as well as ‘summary offences’. ‘Indictable offences’ are the cases which are recorded in the document ‘indictment’ prepared for the ‘Crown’ (State) as prosecutor. ‘Summary offences’ are the cases which are required to be settled in front of the magistrate (Criminal law and civil law, 2012). Civil law deals with disagreements in among individuals or organizations as well as provides legal remedy. Civil law involves cases relating to accidents as well as contracts. The civil law cases are to be settled in a court before a judge providing reasons for the actions taken in settlement of the claims (Criminal law and civil law, 2012). IRAC denotes Issue, Rule, Application as well as Conclusion. The method or framework is a valuable process to formulate legal analysis. The aspect of issue depicts the significant controversy upon which the basic foundation of the case is formulated. The section of rule or relevant law describes the prevalent laws that can be applied to the identified issue in terms of legal case scenario. The analysis section comprises the use of the relevant rule to the recognized issue. The conclusion section includes the expected outcomes of the identified issue/case. In relation to the provided scenario, the IRAC method would be applied in order to gauge the possible outcomes of the case (What is IRAC?, n.d.). According to the scenario of the case, Anna was injured for apparent negligence of Michael who was driving the car under the influence of alcohol. Thus, Anna wanted to take legal actions against Michael. Issue The identified issue that would be presented to the court for trials would be a scenario which occurred in a rainy late night where Anna desired to have a lift to home from Michael rather than waiting for other taxis for commutation to home. During her travel with Michael, Anna came to know that he had consumed alcohol and he faced problems in keeping control of the vehicle. However, Anna still agreed to continue her journey with Michael on way to Anna’s home. After travelling to a certain distance, Michael lost control over the car and hit a tree. This accident resulted in causing severe injuries to Anna and Michael. Subsequent to the accident, Anna decided to sue Michael for the accident causing her injuries and moreover for the probable negligence which took place on that on behalf of Michael. Moreover, this case intends to emphasize on the circumstances that whether Anna will be able to sue Michael for his negligence or not in relation to the circumstance in which the accident took place. In this case, in order to succeed in the trails after suing Michael the aspects that Anna should consider and establish have also been analyzed. Rules/Relevant Law In relation to the issue of the case, Anna was provided lift by Michael who had consumed more than allowable level of alcohol which resulted in an accident causing injuries to ...Download file to see next pagesRead More
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