StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment - Coursework Example

Comments (0) Cite this document
Summary
"Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment" paper discusses the relevancy of common law in the context of the modern business environment and contains a clear understanding of common law its origin and development…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.9% of users find it useful
Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment
Read TextPreview

Extract of sample "Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment"

Download file to see previous pages It is illustrious case law on tort of negligence; this case is also called "the snail in the bottle case". Though this case originates from Scots the House of Lords declares that the principle applied, in this case, applies to the world in common law jurisdiction. This case is the fountainhead of the tortious principles say duty to care, breach of duty, and causation of loss which are to be established for claiming liability of negligence.

In this case, the Session court rejected the appeal of the plaintiff on two grounds a) there is no privity of contract between the plaintiff and the manufacturer defendant; b) the product was not a dangerous product and there is no fraudulent misrepresentation from the defendant. It was appealed to the House of Lords by the plaintiff, arguing on the principle of privity of contract. The plaintiff counsel arguing for the removal of the protection provided for the manufacturers under the privity of contract under common law. The defendant side argued on the wisdom of the Scottish judges in the mouse case, to prevail.

Lord Atkin applies the 'Neighbourhood Principle', which says that a person will owe a duty of care not to injure a person or persons that can be foreseen reasonably which would be affected by the acts or omissions, in the case where an established duty of care does not exist. The object of this principle is to provide the remedy against the suppliers of consumer products for tort, where there is no privity of contract. Lords MacMillan and Thankerton supported the opinion. Lords Tomlin and Buckmaster opposed this opining that it would be difficult to carry on the trade it becomes the law since they say that the principle of the wide proposition.

The basic remedy that the common law provides is the damages. Damages such as liquidated damages, which is a predetermined or estimated value for breach of a contract; Compensatory damages, these damages awarded by the courts where any loss is caused due to a breach of contract or due to an action of a person, it is awarded to put the aggrieved party in the same position had there been no breach of contract or such action. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Is the System of Common Law in the UK still Relevant in the Context of Coursework, n.d.)
Is the System of Common Law in the UK still Relevant in the Context of Coursework. https://studentshare.org/law/1501470-comparative-business-law
(Is the System of Common Law in the UK Still Relevant in the Context of Coursework)
Is the System of Common Law in the UK Still Relevant in the Context of Coursework. https://studentshare.org/law/1501470-comparative-business-law.
“Is the System of Common Law in the UK Still Relevant in the Context of Coursework”. https://studentshare.org/law/1501470-comparative-business-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment

Business Law - common law question

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... 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. It is formulated to provide peace as well as order to the society. Law is based on two principles which are order in the system as well as coercion which signifies that without enforcement there is no law. Violation or breach of law may ...
12 Pages(3000 words)Essay

Global Context Of Modern Business

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... critically the nature and lasting impacts for domestic business environment of the global financial crisis of 2007 Modern business without aglobal context will be an incomplete study because of the change of the trade environment of countries after the integration of the world economies better known by the term ‘globalization’. There were business relations among countries in the past but modern technological up gradation and innovative trade policies have increased trade beyond geographical boundaries, increased investments and thus...
10 Pages(2500 words)Essay

Common Law - business

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... 3 3a. Meaning of vicarious liability: The doctrine of vicarious liability is primarily based on the principles of negligence and belongs to thebody of tort law. ‘Vicar’ is the origin of the word ‘vicarious’. Vicar is someone who takes responsibility for the sins that others commit. According to the doctrine of vicarious liability, a liability is imposed on a person for a tortuous act (negligence) which he has not committed but he has a special relationship with the one who committed the act. Therefore, vicarious liability imposes...
5 Pages(1250 words)Assignment

The Modern Business Environment

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Head: FORCES IN INTERNATIONAL BUSINESS inserts His/her inserts inserts Grade (Date)  Table of Contents EXECUTIVE SUMMARY …………………………………….3 INTRODUCTION……………………………………………….4 Economic Environment………………………………… ..4 Socio-cultural Environment……………………………… .5 Political Environment…………………………………… ..6 Technological Environment………………………………. 7 Legal Environment…………………………………… ….8 Competitive Environment…………….…………………....8 COCA-COLA……………………………………………………..9 CONCLUSION……………………..…………………………….10 REFERENCES…………………………………………………..11 Executive Summary In an...
7 Pages(1750 words)Term Paper

Modern business environment

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... should any organization spend time and other resources to improve its management of diversity I would like to begin my answer by a beautiful quote by Jimmy Carter who once said, " We have become not a melting pot but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams". The same hold true for the modern business environment. The key to success in any modern organisation is the efficient allocation of firms assets particularly its employees skills and capabilities. One of the ways...
10 Pages(2500 words)Essay

Are Trade Unions still relevant

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... The United Kingdom has long been treated as the home of trade unions over the past century. This began as far back as the nineteenth Century during the Industrial age. At that that time, there was a need to fight for workers rights and to bring fair play in various industrial sectors. However, with the rapid advancement of information technology, greater employee education and better human resource policies, many groups are beginning to re-examine the role or relevance of trade unions in the region today. The paper shall look at this...
10 Pages(2500 words)Essay

Business in Context. UK Economy

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... in Context "Final" Table of Contents Overview 3 UK Economy: A PEST Analysis 4 The Progress of BRIC Countries in Recent Years 7 Impact of BRIC Nations on UK 9 Are Limitations of BRIC Hope for UK? 10 References 11 Bibliography 14 Appendices 15 Overview The global market faced a tremendous change because of globalization. The global market for FDI (foreign direct investment) has undergone a considerable transformation in the recent years with a significant role played by rising market of multinational enterprises (MNEs), which is most i...
7 Pages(1750 words)Essay

Presedent in Common Law System

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... in Common Law System Precedent in Common Law System What role does precedent play in common law legal systems? A precedent, under the common law legal system, refers to a principle developed by courts out of the previous legal cases that courts are obliged to follow in deciding subsequent cases with similar facts. The principle holds that cases, in common law with similar facts should be decided in a manner that is consistent, predictable, and similar (Schaffer, Agusti, and Earle, 2008). As such, the decisions or rulings made by a higher ...
1 Pages(250 words)Essay

Are Trade Unions Still Relevant

...Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment... TRADE UNIONS STILL RELEVANT? ARE TRADE UNIONS STILL RELEVANT? Trade union: An overview There are a number of organizations that represent employers and employees of a business and they influence how a business should operate. Trade union is best known of these representative bodies and it influences the entire business environment. Trade unions have existed in the UK for over 200 years. In the past, trade unions were considered to be most relevant as it played a vital role in the business environment and succeeded in building better...
12 Pages(3000 words)Assignment

Business Law Environment

In this case, the Defendant ran a shop and displayed a flick knife in his shop window. Along with the displayed knife was a ticket stating “Ejector knife- 4s”. The chief inspector of the Bristol Constabulary at the time charged the defendant with an offense under the Act on the basis that the Defendant’s shop window advertisement rendered was in breach of section 1(1) of the Act by offering the flick knife for sale.

3) The case was brought against the Defendant by the Crown Prosecution Service at the public’s expense. Whilst the case was effectively a criminal case, the decision was important in clarifying the distinction between offer and acceptance in contract law.

In this case, it w...
6 Pages(1500 words)Assignment
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 Coursework on topic Is the System of Common Law in the UK still Relevant in the Context of the Modern Business Environment for FREE!

Contact Us