CASE STUDY

Case Study



Case Study

Introduction

The main purpose of this paper is to analyze two case studies and discuss the statutory and common law in relation to the case study. The paper also analyzes the different laws in relation to the case study.

Part1:

This case is about Sam who runs his business through the mobile fish and chips van. He regularly parks this van in the layby on the A55 duel carriageway in which he does the business of selling his fish and chips and soft drinks. The court has charged him for the bylaw stating that operating any mobile premises on the A55 for the sale of burgers, hot dogs and other food is not allowed. The court has also charged him that it is prohibited to sale the coffee, tea and any other drinking stuff. On the other hand, Sam provides the justifications that he is only involved in the sale of fish and chips and coke. Thus, this case mainly analyzes the rules of statutory interpretation for the purpose of explaining the risks of the business conducted by Sam.

Case Analysis

Statutory Interpretation Rules

The statutory interpretation rules are mainly the rules which are interpreted by the courts with the application of legislations in it. This case applies under the statutory interpretation rules. These are basically the rules which have been passed as an act by Parliament. Thus, the rule of ban on the sale of and food and drink item at A55 duel carriageway through mobile vehicle is illegal. In this case the court has charged Sam for doing business in an area where the mobile operators are not allowed to engaged in the business of selling any food and drink items. The main reason is that under the business laws it is not allowed for the mobile sellers to be engaged in the business of selling the food and drink items at A55 duel carriage way. It is advised that Sam should stop doing this business of selling the fish and chips on A55 duel carriageway through the mobile van; else the court can take serious actions against Sam and charge him against the penalty of breaching the bylaws. According to the law, any person engaged in the breach of any law is liable to get punishment and in this case Sam is actually held responsible of breaching the bylaws charged by the court (Anantharaman, 2005, p. 12). He was doing an illegal business; therefore, he is charged of the punishment for doing this business. According to the law, a person involved in the breach of the bylaws is entitled to bear the penalties. As per the law, any person who breaches the bylaw and fails to comply the bylaw which has been imposed by the judiciary authority is entitled to be a victim of committing an offence and a fine is charged on it. In case, the person keeps on continuing this offence then he will be charged for further fine (Padia, 2006, ...