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…
Download full paperFile format: .doc, available for editing
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
(“Construction and business law Essay Example | Topics and Well Written Essays - 2250 words”, n.d.)
Construction and business law Essay Example | Topics and Well Written Essays - 2250 words. Retrieved from https://studentshare.org/law/1511564-construction-and-business-law
(Construction and Business Law Essay Example | Topics and Well Written Essays - 2250 Words)
Construction and Business Law Essay Example | Topics and Well Written Essays - 2250 Words. https://studentshare.org/law/1511564-construction-and-business-law.
“Construction and Business Law Essay Example | Topics and Well Written Essays - 2250 Words”, n.d. https://studentshare.org/law/1511564-construction-and-business-law.
You have let out the building for a period of 15 years and four of them are yet to go before the said term ends. Your tenant intends to continue his tenancy for the full term, but you want to terminate it. The tenancy agreement between you and your tenant is Fixed Term tenancy.
According to Yates and Epstein, delays in construction projects for example, may be initiated right at the commencement stage itself due to poor management within the supply chain.1 The question of creation of risk arises from the supply side, since it is
This is a study of the main legal and financial issues involved and evaluates the alternatives available.
In order to establish a construction business, some legal and financial issues need to be addressed in totality. The first most important thing for the business is, what kind of legal entity will it be.
The author states that Clark initiated a successful coach operating business from a depot in south east London. However, later it was operating about 20 coaches from that depot. But by the end of the decade the fleet had doubled and it was becoming difficult to manage properly the maintenance, servicing and cleaning of these coaches.
ASyS believe that adapting and upholding approach such as making procurement process simple, transparent and in the manner that it safeguards the embezzlement of taxpayers’ moneys are best strategies to
Inferior materials used on the exterior of the building 2. Wrong materials used in the reception area floor 3. Defective doors discovered by Innocent's architects and 4. Dampness in the ceiling discovered during the rectification period This section will examine these issues in three main parts.
14 Pages(3500 words)Essay
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Construction and business law"
with a personal 20% discount.