Law is simply defined as a body of rules to be obeyed. In general, law preserves
peace and stability, thus allowing members of society to pursue
... [Show More] economic and
social activities. But it is ineffectual unless the society also develops a legal
system, i.e. institutions and ways to enforce the law and to make the process
transparent. In the UK, the legal system consists mainly of the courts, which are
part of the government. The courts serve 2 essential functions: first, they provide
a forum and a system by which those who fail to obey the law are punished by the
government and second, they provide a system to resolve disputes among private
individuals, for instance, a person suing another for breaching (breaking) a
contract. In performing these functions, the courts apply the rules of law or in the
absence of such rules develop new legal principles to maintain order. Once a court
decides it has the power, with the backing of the government to enforce
compliance. Courts can impose punishment against those who fail to follow legal
rules.
2. Law and Morality
Morality is based on values like principles of right, good and fairness that are
acceptable by society to distinguish between wrong and right. For example,
adultery and abortion are considered morally wrong. In fact, most of the moral
values have been adopted as part of the law of the state. Unlike law, however,
moral values are not imposed or enforced by the authority. Immoral acts like
adultery are not crimes and abortion are legally allowed. But the law will only
enforce a moral obligation if it is also a legal obligation. An example of this is: -
Classification of Law
The two most common types of law, which you will come across, are criminal and
civil law.
Civil law defines the rights and duties of the individual in his dealings with other
individuals in society. It includes the law of contract, the law of tort, property law
and family law. The injured party (plaintiff) brings the dispute to
court, seeking a personal remedy from the wrongdoer (defendant). If the court
finds that the defendant violated the rules of civil law, he is held liable for the loss
or injury. He will normally have to make monetary payment in the form of
compensation to the plaintiff for the loss or injury. This form of compensation is
called Damages. Example:
Smith contracts to sell Jones 10,000 kg of sugar for $50,000. Smith fails to deliver
the goods. Jones buys the sugar from another source for $60,000. Jones takes
Smith to court alleging that the former had broken the contract. If the court finds
for Jones, Smith may have to compensate Jones for the loss suffered. He
therefore may have to pay Damages of $10,000.
Criminal law consists of rules, which regulate the behavior of people in the state.
The state is concerned to see that misconduct, or crime, which affects the
community, is punished. Criminal behavior such as murder, robbery, rape,
cheating and assault are dealt with and punished by the state. Punishment takes
the form of a fine, prison term or both or caning. Criminal laws are enforced by
legal proceedings (prosecutions) in which the government brings the alleged
What is law?
Qualities of good law.
Branches of the law.
Sources of law and the role of the
“sovereign body”.
The major legal “families” and their
differences.
Administration of the law and the role of
courts and lawyers
Australia’s inheritance of a Common Law legal
system;
The three meanings of the term “Common Law”;
The role and function of “Equity”;
The role function and jurisdiction of Australian
courts;
The operation of the “doctrine of precedent”;
The role of Statute in a Common law system;
Dispute resolution options
Understand the meaning of ‘tort’.
Identify the 3 key elements of the tort of negligence.
Understand the linkages between the elements of the tort of negligence.
Understand how damages are determined in the tort of negligence.
Describe the defenses in the tort of negligence.
what is Law?
Law is a system of enforceable rules designed to:
a. regulate conduct; and
b. provide a framework for social cooperation.
What is law?
Qualities of good law.
Branches of the law.
Sources of law and the role of the
“sovereign body”.
The major legal “families” and
their differences.
Administration of the law and the
role of courts and lawyers
What is Contract?
Discharge (Termination) and Remedies
Example
A divisible contract is one where the promises are independent of each other. Each promise can therefore be performed separately. Payment can then be claimed for the part completed.
Contract can be see by these type
by performance;
b. by agreement;
c. through frustration;
d. through breach; and
e. by operation of law.
2. Remedies
a. damages;
b. specific performance;
c. injunction;
d. restitution
Understanding meaning of Contract itself?
“Is My Agreement an
Enforceable Contract
An agreement which the
law will enforce
Contract law is important
because it affects almost all
commercial dealings:
• all sale contracts;
• all employment contracts
• every service agreement
• every lease
• almost every transfer of property
• etc
what Is Contract?
An agreement enforceable by law is a contract; An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract; A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.
Before the legal connotation, it meant to bring people or things together. While this sense of the word came to be around the 1400s, and as a verb slightly later, the way we understand a contract as a legally binding agreement with terms and such didn't come to be until the early 1600s. [Show Less]