INTRODUCTION TO LAW
Common law –
United Kingdom was the first country that is best known as England to have introduced common law in the country in order to keep the system of justice law and order for the benefit of the country’s legal system and development. Mainly the meaning of Common law is that any individual breaking the law by committing unlawful acts for example causing violence in the society, stealing others property and belongings. And causing injuries to another person by beating him up, forming up of terror gangs dealing with illegal dealings such as drugs, guns, and explosives etc. the cause of such involvement and committing to it would cause in death sentence or life imprisonment or punishment by paying the fine with a minimum imprisonment this all depends on the type and the level of crime committed by the suspect. The suspect is then sent to the federal prison in which the department of prisoners would keep the record of such suspect’s activities in jail. This type of law which is been practiced till today is mainly directed by the decision of the parliament affairs for forming or passing the act of law to be implemented in the country. If in any circumstances any individual is caught doing any of such illegal activities or causing problems for the society would be represented in the court of justice to prove his innocence or if he is caught guilty then depending on the crime committed the judge give the verdict for punishment or left free on bail. If the suspect wants’ to still prove his innocence even after the verdict of the high court he can approach the Supreme Court for justice which will be the highest and last level of verdict given. There is an interconnect between both civil law and common law which has the capabilities to allow the individual to approach the high court and the supreme court depending on the significance of the case.
Civil law –
Civil law was first invented and practiced in the roman civilization. This method of civil law became very helpful in maintaining law and order wither the local public then this type of civil law was then implemented in France in order to develop the economy by righteousness and civil justice. Civil law means any transaction by the method of forming or signing contracts or giving or receiving payments between both the parties in direct to mutual understanding and then later any breach of such contracts or cause in fraudulent activities within or against any company or organization that would lead to disputed between both parties. Thus such disputed is carried on in by the civil court. In such cases there are well qualified judges who analyze the problem of the case and he give a verdict that is justifiable to both the parties. If in case the losing party does not agree to the verdict he can approach the high court and then to the Supreme Court which will deliver the final verdict.
Civil law is also applied in the cases such as cases dealing with human rights breach and criminal convictions by committing violence and robbery. Therefore the distinction between civil law and common law is that of procedural loom in approach to law codes & statues keeping aside the disparity of codification.
ANSWER TO QUESTION – 2 –
The three types of statutory interpretations, with its comparisons and contrast are as follows –
The golden rule -
This rule is only applied when the words becomes totally ambiguous in state of any legal case in the court. This method is mainly implemented in a case when the case becomes variable along with the subject matter in which the case should be in uncomplicated mythology. This rule was first known as lord Wensleydale’s golden rule because this rule was first created and made it to come into existence by him. For example many judges of different courts in united kingdom have given their point of view regarding the implication of golden rule to make firm that the court directing to the lawful verdict can be divided from the words that are in simple meaning that can possibly cause in unenviable resulting loom.
The mischief rule –
There are four main statute that should be taken into consideration for the direct in mischief rule are as follows –
When the parliament passes an act of law it needs to keep in mind in the interconnection or presence of common law behind the new law that is going to be passed in the benefit of the country.
The reason of disapprove of common law was caused due to which conduct of type of mischief within the law
What is the resolution to resolve the parliament accredits and plans for the setback?
The working of the judge should be done in such a process to make a route to suppress the mischief and advance in the steady solution.
The literal rule –
The literal rule means that any rule that is formed by the act of law passed by the parliament is aimed to pursue the parliament intend who directs in authorizing the passing the act of law in vision to the ease of words to compile with, and are unambiguous in nature then it is not necessary to elaborate those words in straightforward or natural makeup.
Thus this law benefited the law commission on different procedures are as follows –
It increased the level of exactness in drafting
The feature of seizure related to statutory language cannot be done by elected judges directed to the legislative and it can make subjects complicated for another statute to locate the doubt full visionary that can be written again.
COMPARISION BETWEEN LITERAL RULE, GOLDEN RULE AND MISCHIED RULE –
Literal rule –
This rule causes uncertainties
In this rule the words need to be simple and be given in a factual meaning.
This rule is not ambiguous resulting in illogicality
Golden rule –
This rule is ambiguous in scope
In this rule the words can be easy to understand and simple in order to avoid doubts.
It is wide and narrow in character for example a son who intended and murdered his father cannot be the owner of father’s property this is wide in nature. Marriage of an individual two times its not needed where the individual should marry at the same time conflicts with marriage law. This is narrow in nature.
Mischief rule –
This rule advances in drafting processes
This rule catches the mischief in the rule and resolves it before passing of any act of law.
Mischief rule and common law are interconnected as well as civil law.
PROBLEM CASE STUDY QUESTIONS –
Answer to question – 1 –
- Legal advice –
If there were contracts signed between beach and asock to buy the items on 5 % discount and then later on beach changes his mind on to get 10 % discount then in this case beach cannot win the case because of the breach of contract but in this case it not so because there were no contracts signed.
There are no contracts signed between beach and asock thus asock cannot prove the involvement of beach to buy the product at 5% discount. Thus asock would lose the case due to lack of evidence.
The mutual understanding and acceptance of a transaction carried out in exchange of goods and service by signing of contract by both the parties is the proof of business transaction that a court requires for the fact of evidence.
There is no contract and no mutual understanding between beach and asock because of the argument on 5% discount and 10% discount.
Asock agrees to provide 10% discount as he needs money disparately but beaches has a change in mind.
If in case beach does not agree to buy the product then asock has to bear the loss and find another way out as there is no contract. And asock cannot file a case against beach.
Result – asock does not have the power to register a case against beach due to lack of evidence and no contracts signed.
– legal advice –
The approach of sales was done through formal dialogue and there were no written documents or contracts signed by both the parties.
The formal dialogue between both the parties was done on phone regarding the offer. There were no contracts signed or receipts given this there cannot be any legal state of affairs between both the parties.
There is no evidence or proof to the offer or any transaction carried on. The civil court asks for evidence the absence of evidence will result in Chris to lose the case
Chris cannot register with any legal proceeding with Desta due to lack of evidence.
Chris will have to make another way to buy his stock.
Result – lack of evidence about the offer did result in Chris to find some other way and he cannot proceed with legal action.
ANSWER TO QUESTION – 2 –
Fred has signed the terms and conditions of the television company stating that asteroid T. v. will not take any liability for any fault regarding to electrical or otherwise of purchase.
In case you have bought the t. v. on signing on accepting the terms and conditions of the television company asteroid by representing yr t. v. license then in this case it is not possible for the company to be set as liable for the wiring fault of the T. v. that is affecting the display.
In this case according to the law you cannot register a case against asteroid television company because before buying the television you have accepted the terms and conditions by signing the document.
The legal evidence is with asteroid company of your acceptance to buy this television on stated conditions thus you will lose the case.
Fred needs to find another way to repair his new television.
Regarding to the case of Joseph the claim that is been against you because you want to remove him from the job though you Fred and Joseph have a legal contract regarding to keep in work.
The only advice I can give you is that a contract between you and Joseph cannot be breached if in case the contract is breached by Fred then Joseph is liable to win the claim against you depending on the terms and conditions of the contract.
In the terms and conditions of the contract if it is been mentioned that if in any case Joseph is breaching the rules and regulations of the company or involving in criminal activities or recurring losses to the company thus Joseph is liable to be rusticated from his job.
Thus this type of conditions mentioned in the contract then you can rusticate Joseph by providing a correct proof of rustication to the court of law.
In any case please check the date of the contract if the due date has passed away It is logically said to be expired thus Joseph cannot register a case against you Fred.
The above mentioned circumstances that I have mentioned if it is there in the contract or recurring possibilities then you are liable to win the claim of removing Joseph from his job. But in case if such things are not mentioned in the contract then Joseph can sue you for breaking the contract terms.
As everyone loves to go for a holiday Rachael’s mother went for a holiday and spent time and came back home she found herself during the holiday her life to be miserable because of the false promise given by the cruise for its superb luxury in the broacher but the cruise was very old and made so much noise that she could not have a good sleep.
I would advise her that Rachael can sue the luxury company for the false broacher and the inconvenience caused to her.
This will only be possible only if she provides correct evidence and her travel ticket as a proof of her travel. She can even call eye witness to prove the cruise company falsification.
After submitting all the needed documents to proof the falsification of the cruise company broacher about the luxury that she never got.
This submitting of proof to the civil court Rachael can register a case against the cruise company and win the claim for an heavy compensation paid to her for the falsification of the broacher and the incapable cruise ship that had various problems on board.
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