LEGAL ISSUES

Business Law

Business Law

Section A

Question 1 Creating an Act of Parliament

There is a process to create an Act of Parliament that needs to be followed. First a draft is created that is known as Bill. Most of the Bills have the possibility of becoming the law which can be passed by the government or can be done in the form of private member's bill. As the Bill is introduced it has to undergo a number of procedures. In UK, the first reading is a formality whereas in the second reading is followed by vote. Usually the second reading is approved however it is considered in detail. This is done on the floor of House. In some cases, a debate may incur at the third reading but this is very rare (Gupta, 2005, pp. 16-25).

The bill is then sent to other House such as House of Representatives or to Senate, for amendment and returned to the original. The Bill is moved forward or backward until the amendments are approved from both the side otherwise the Bill is lost. The bill is forwarded to the viceroy for Royal Assent. When the bill is passes by the Parliament it becomes an Act (DelPo et.al, 2011, pp. 70-110).

Question 2 Stare Decisis

Stare Decisis is a term in Latin which means 'stand by the decision'. It is a term used in the legal phrase in order to oblige with the court as to honor the past precedents. This help in distinguishing the civil law from common law system highlighting the importance of codes of law. Under this term, as the court answers a question, the other cases incurring the same question will would have to follow the prior answer given. This is done in order to bring uniformity and consistent on the issues (Muir, 2003, pp.12).

This will make the legal system predictable and the people will gain confidence as it would not be frequently re-litigating old issues.

Question 3 Not amount to a termination of an offer

Rejection

Question 4 State the day when the contract is formed

B posts a letter accepting the offer on Thursday

Question 5 Contracts could be legally formed by a minor

Purchase of books

Question 6 Implied terms under the Sale of Goods Act 1979

Goods are of satisfactory quality

Question 7 'A negative order to stop breaching the terms of a contract'

Injunction is the negative order to stop breaching the terms of the contract. This is an equitable remedy that caters to the court order for avoiding some particular acts (Wishart, 2012, pp. 89).

Question 8 Latin term for No injury can be done to the willing'

Volenti non fit injuria

Question 9 precedent for remoteness in tort

Fairchild v Glenhaven (2002)

Question 10 Walker v Crystal Palace FC

Every employee fall under the law of Employment Right Act 1996 (Bridge, 1998). The degree of controlled that can be exercised by one party over the other is to be testified. The case of Walker v Crystal Palace FC comes under the employee status of self employed, where the player has his control ...