Applied Land Law, Contract Law and Tort Law - Assignment Example

Common examples of cases involving civil law include tort law as well as family law whereby compensation is granted upon conviction of the offender unlike punishment in the case of criminal law (Kleyn & Viljoen 2002).... This essay seeks to outline the major difference between criminal law and civil law with regard to the English legal system.... According to Kleyn & Viljoen (2002), civil law is classified under private law which is one major difference between criminal law and civil law....

1(a) Distinguish between the role of Criminal law and Civil Law in relation to the English Legal System and analyse the purpose the law is attempting to serve in this area.... In common law jurisdictions like England there are basically two types of law: Civil law and Criminal law.... Criminal proceedings, on the other hand, are meant to enforce law and order in the interests of the community (Brody et al 2000), generally by punishing the offender....

The author of the following paper states that contract law is one of the important aspects of the law of obligation.... It can be stated that contract law or law, in general, is not static.... Based on the above-mentioned statement, this report intends to discuss whether the software is to be classified as goods or services by taking into concern the notion of contract law along with its various implications.... This law of obligation comprises certain decisive factors such as 'tort' and 'restitution'....

According to the provisions of this act there are three broad divisions of control: first, is the control over contract terms that exclude or restrict liability for 'negligence', secondly, control over contract terms that exclude or restrict liability for breach of certain terms implied by statute or by common law in contracts of sale of goods, hire-purchase etc.... The purpose of the Unfair Contract Terms Act,1977(1) is to limit, and in some cases to take away entirely, the right to rely on exempting clauses in certain situations. … The Act is not just confined to contract terms but also extends to non-contractual notices containing provisions exempting from liability in tort(2)....

This essay is focused on the business law.... Mischief Rule of statutory interpretation gives authority to the judge to interpret the law by bearing in mind the common law before passing of the rule.... Is is applied in cases where ambiguity occurs in the law.... Since the law considers stabbing, cutting or wounding a person through an instrument as a crime, therefore the defendant was acquitted since he did not commit the crime in the literal sense (Caven, 2004)....

If violated, one party will likely have a claim against the other in a court of law.... Under UK law, it has been largely determined that there are two main areas that constitute an actual binding agreement between two or more parties.... Verbal contracts are more difficult to prove in a court of law.... In essence, agreements for the basis for a binding contract.... Only if all parties agree to be released from a particular clause in the contract, or an agreement is reached to null and void the entire contract, it remains in force....

The author of the current paper claims that contracts or agreements between two entities are usually associated with the derivation of terms and conditions, which guide their contract with each other.... When a business entity offers its promise under certain conditions, the other party must accept the conditions and in turn, give an offer in order to form a contract.... Acceptance is another important element of a contract that makes parties agrees to the terms of the offer....

nbsp;  … Consumers have certain rights against breach of contract, hence, it is important to determine, if a purchaser is a consumer.... This helps to assess the rights of the purchaser to claim damages in instances of breach of contract.... This is because, the Unfair contract Terms Act precludes exemption clauses that seek to avoid liability for physical injuries and death caused to a consumer of their products.... he Sale of Goods Act (SGA) protects the interests of consumers and provides remedies for breach of contract....