Legal System

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ACNB ASSIGNMENT

ACNB Assignment

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ACNB Assignment

Introduction

This unit aims to discuss and elaborate Civil Law under English Legal System using a total of six case studies. English Legal System comprises of the document that holds a rich history and has been subjected to changes with time. Professor Partington classifies English Legal System into four categories (Partington 2003):

The Civil Justice System

The Criminal Justice System

The Family Justice System

The Administrative Justice System

English Legal System can also be classified into two major categories: Public Law (Constitutional, Administrative and Criminal) and Private/Civil Law (Contract, Tort, Property, Trusts, Family). By the term 'Contract', it means an agreement made between two parties and has legal consequences. Tort is a civil wrong which is independent of the contract. It is breach in a legal duty and the person committing a tort does not wilfully take the liabilities that he can be charged upon. Contract law is a branch of civil law that deals with all the matters concerned with a legal agreement.

CASE STUDY 1

Unilateral Contract

It is a contract in which only one person makes an agreement or a promise, without bounding any agreement from the other person. This is basically a one-sided contract, in which an offeror, usually gives an offer or promises a reward in exchange for a task by the other person known as offeree.

An example of unilateral contract may be when mom offers Edward a chocolate if he cleans his room. This means Edward will get a chocolate only if he cleans his room. Edward accepts mom's offer only when he completely cleans his room. Problem with unilateral contracts is that the promisor can always revoke his promise after the task has started and not completed yet.

Bilateral contract

It is a contract in which an agreement is reached when promise by one party is complementary to the promise of other party. In this type of contract, both parties make promises. The paryt making the promise is referred to the promisor and the other party is referred as the promise.

For instance, Mary and Linda live together. They make an agreement that Mary will cook on Mondi, Tuesday and Wednesday, while Linda will cook on Thursday, Friday and Saturday; a bilateral contract comes into existence. In this example, both Mary and Linda make promises.

Expressed Contract

The contract in which terms and conditions are expressed using words, wither in a document or verbally.

Implied contract

The contract in which the two parties make an agreement by conduct is an implied contract. This includes phenomenon of implied warranty. For example when we buy a product, it is understood that it will work for the purpose it's designed for. Like an A/C will provide cooling to the room when installed.

 Void Contract

This refers to a contract that cannot be implemented. In view of law, such a contract never existed. For example, a contract will be regarded void, incase it forms an agreement which is ...
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