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Construction and business law - Essay Example

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Formal source of law constitutes legislation, sentencing guidelines and judicial decisions. Sometimes works of some renowned lawyer may also be considered as the formal source of law. All law books are also formal sources of law. For instance in case of UK the formal source of law is the Commission, the Council of Ministers and the Parliament…
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Construction and business law
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Download file to see previous pages Rather it can be said that the informal sources of law does not have a strong legal validity. In case of a conflict between the common law and the formal source of law always the formal source of law gains primacy.
Courts which hear civil issues like issues related to debt, contract related matters and also property related issues. It also includes succession, real estate and custody related issues. The structure of the civil courts is as follows in the base lies the sheriff court, above it the Court of Session and above everything is the House of Lords.
The Criminal Courts are those which deal with the criminal cases like rape, murder, theft, forgery and adultery. The structure of the Criminal Court is different from that of the Civil Court in the sense that at the base lays the District Court, then the Sheriff Court and above all the High Court of Judiciary.
A real obligation always creates a debt and in the process becomes a principal obligation. In the English law there are two types of real obligation, they are namely land and rent. On the other hand the payment which is due against the land becomes a personal obligation. On the other hand it can be said that personal obligation and the real obligation are related to each other. One produces the other. For instance if land is the real obligation then in that case the fruits and flowers produced from that piece of land becomes the personal obligation. (Langdell, 2009, p. 199).
The Inner House of the Court of Session is actually the appeal court. This court is divided into the First and the Second Divisions and each of the divisions have been given equal authority. The Divisions are presided by the Lord President and the Lord Justice Clerk respectively. The Inner House hears cases from the Outer House and some other Sheriff Court and Tribunals.
The Outer House on the other hand hears cases at the first instance. They generally hear commercial cases, case related to contract and also judicial review. The judges of the Outer House also hear on the Intellectual Property Rights. Thus it can be said that the Inner House of Courts has more compared to the Outer House of Courts. (Court of Session - Introduction, n.d).
The European Court of Justice is the highest Court of law in the European Law and it deals with all the laws of the European Union. This Court refers to the law of the community and it deals with all kinds of cases.
The European Court of Human Rights on the other hand is the highest International Court. It deals with case related to the violation of the European Convention of Human Rights. Individuals can directly apply to the European Court of Human Rights. The main aim of the Court is to protect the human rights of the individuals or the states.
Thus it can be said that the major difference between the two is that the European Court of Justice deal with all kinds of law and the European Court of Human Rights only deals with human rights related issues.
Question 2: A courier company promises a 24 hour delivery service.' Its customer,a web-based travel agency, orders the couriers to deliver an essential computer component from the suppliers to their premises. En route, the couriers lose the package and end up taking 72 hours to deliver a replacement.
The travel agency wishes to sue the courier company for the losses it has incurred as a result of the delay in delivery of the vital component. ...Download file to see next pagesRead More
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