English Law

“The requirements and contents of a legally binding contract under English Law”



“The requirements and contents of a legally binding contract under English Law”

English Law

English law is the legal system prevailing in England and Wales. It is the cause of the common law in force in many countries and is distinguished from civil law or mixed systems existing in other countries, for example in Scotland. The Common Law was introduced in the nations of the Commonwealth to the colonial period and forms the basis of the jurisprudence of the majority of these countries. English law brought before the American Revolution is still part of U.S. law, except in the State of Louisiana, and is still the basis for many American legal traditions and procedures, although it is not applicable in case of conflict of jurisdiction (Meir, Pp. 16).

The Common Law consists essentially of the judges sitting in courts. They evaluate the facts presented to them in the light of their reason and their knowledge of legal precedents. All courts must defer to a decision by the highest court of appeal in England and Wales, the House of Lords, and apply it to turn. For example, it is nowhere written that the assassination is illegal under English law. The crime of blood is the common law: and, although no law passed by Parliament prohibits the killing, it is nonetheless illegal under the constitutional authority vested in the courts and account rendered their verdicts. The common law can be reformed or suspended by Parliament. Murder, for example, once liable to the death penalty in the common law, is punishable by a sentence of life imprisonment since the abolition of the death penalty by the British Parliament in 1965 (Bryan A. Pp. 65).

Meaning of the Law

The system is a model of common law legal system, matrix, the Anglo-Saxon, decisions based on case law rather than on codes and ordinances of government. The system of common law is currently in force in Australia , Canada (with the exception of Quebec ), the United Kingdom (excluding Scotland and Northern Ireland which also has its own legal system), and in the United States of America (excluding the State of Louisiana ). Other nations, however, have adapted the common law to their traditions, thus creating a mixed system. For example, the ' India, Nigeria, Sierra Leone, Gambia, Ghana, Kenya, Uganda implement the system of common law legal rules mixed with faith-based. The system is opposed to the common law system Civil law, the other branch of the Western legal tradition. The common law has developed differently from the Civil law for a number of structural reasons:

continuity

general lack of codification

the practical training of lawyers in common law (lawyer university of Civil law)

the selection of judges of the best lawyers superiors, Barrister (bureaucratic selection of judges and civil law)

the early centralization and high prestige of English higher courts (courts of continental fragmentation up to ' absolutism )

the reduced role of teaching in university legal education of the ...