This question is about the doctrine of judicial precedent.Judicial precedent also called case law. ‘It is the system adopted by judges where the judges follow previous decisions.’1It simply means that the previous decision made by judges in similar cases are binding upon future cases depending on the hierarchy of the court. Therefore, under judicial precedent, a lower court is bound to follow the decision made by a higher court when there is a case which has similar material facts...
Part A The building blocks of criminal liability are the actus reus and mens reas which can be approximated to the guilty act and the guilty mind respectively. Jenny clearly possess the actus reus and mens reas for the offence of Grievous Bodily Harm contrary to the Offences Against the Person Act 1861 in that she hit Bob and obviously intended “really serious harm” to him as per DPP v Smith.Richard will however face more difficulties. In the case of R v Sullivan, the defendant was...
Time being the essence of a contract is an often heard statement in the construction industry. However, in response to the aforementioned, one may raise the point that if time is really of the essence of a contract, every contract should not provide for an extension of time clause. Most of the modern standard forms of contract state specific times for completion. The time is fixed to a specific date or by reference to a specific time frame. At the same time these standard forms of contracts...
Introduction The law of restitution is concerned with the award of a generic group of remedies which arise by operation of law and which have one common function, namely to deprive the defendant of a gain rather than to compensate the claimant for loss suffered. These are called the restitutionary remedies. Whilst there is a great deal more to the subject than this remedial aspect, since it is also vital to determine what circumstances will trigger the award of restitutionary remedies, it is...
When an employee is treated differently or less favorably from the other at the same place of work – then it is discrimination. Discrimination is not always against the law; as in the case of remuneration. Remuneration differs from person to person depending on their experience and skills. However, there are certain other factors on which an employer cannot practice “partiality” or “discrimination”.The law in every society / country lays down sure and proper legislations...
Without legislation and laws to govern what happens at the work place today, employees would be left open to hostile and discriminatory treatment by the employers and so also, employers would be left unaided on how to control employees that take advantage of situations. Most of the laws with regards to employment are set up in order to protect and be of benefit to both employers and employees. With the implementation of the Sex Discrimination Act 1975 and the Race Relations Act 1976, there is a...
Introduction: United Kingdom was traditionally adopting an unusual type of political system, and has given the parliament a wide range of power, including the power of legislating law and deciding policy. The parliament is in the highest position of the government. This type of government structure is uncommon in other countries. After the UK had joined the European Community, the parliament's powers are under the observation of the courts to ensure that the parliament's power are within...
In order to reduce wars, keep our world more peaceful and set high common standards for the management of all conventional arms transfers by all EU member states, efforts have been made by the EU since the 1990s to develop a Code of Conduct as well as a series of principles to avoid selling arms to human rights violators and countries which are involved in internal or external armed conflict (Bromley M., 2008).On June 8 1998, the EU Code of Conduct on Arms Exports was formally adopted (EU The...
With reference to the buyer’s description, quality and fitness rights under the Sale of Goods Act (as recently amended), it is necessary to consider Dusko’s available remedies (if any) under the revised Sale of Goods Act (SGA) 1979. Regarding Dusko's purchase of the cat advertised on the Internet it is first necessary to consider the remit of a sale by description under section 13(1) of the SGA 1979. This is because the advertisement by the cat breeder on the Internet stated they...
ACCEPTANCEConsideration Offer An offer in an expression of willingness to be found by the terms of a contract. It can be made to one person(bilateral) or to a group of person or to the whole world at large call(Unilateral). A bilateral offer can take the form of a promise to do something in return for the promise of the offeree to do something. Therefore Unilateral offer is a one sided promise to pay or reward someone for performing an act. It is a one sided promise because it is made without...