Assignment in Business Law Essay

Every legal system is based on the original sources from which authority is drawn. There are many examples in history, when these will go back only as far as some revolutionary overthrow of a previous social order. E. g. there cannot be much of Tsarist law which is of influence in Soviet society today. Contrary to this, other revolutions were less complicated. American law still has its roots in English law bearing in mind the Declaration of Independence as well as the law of England was not much changed during the Civil War of 1649.  

The main sources of English law that I am going to overview in my essays are as follows: (a) Legislation (b) Judicial precedent (c) Common Law (a) Legislation. In a sovereign state the fountain of law is a sovereign body which promulgates the laws which it imposes upon and enforces among citizens (1). In the UK this sovereign body is "the Queen in Parliament", its announcements are called Acts of Parliament, or Statutes. Therefore the legislation is the main source of English law of nowadays. Legislation is a preventative of a will of the sovereign Parliament.

Sovereignty of the Parliament implies that it can make or unmake any law, and no any person or other body can reject or discuss the accuracy of an Act of Parliament. Therefore "it means that there is no legal limit to the power of Parliament"(1). Because of its entitled power, as it often does, can delegate the Act to lower hierarchy bodies. Some of these "orders" are made in emergencies circumstances – like foot-and-mouth disease and involve more competence professionals in particular situation.

These acts of delegating also can safe lots of time to the Parliament, who can remove these givens powers as simply as it gave. (b) Judicial precedent. Precedent is the basis of the common law, but even in non-legal groups the idea of precedent is strong, and many social groups apply informal rules based on the way things have always been done. A well-known example of precedent is the case between Donoghue v Stevenson [1932] AC 562. Where judges do not follow precedent, uncertainty within the law system is created, this can be seen in the case of Lewis v Averay [1971] 3 A11 ER 907, CA.

The decisions made by court are highly respected by official representatives and general public all around the world and that gives a high power to "precedents". That means that the decision made by a particular court must be followed in a future and to apply in similar case and circumstances. There are two main reasons to illustrate the advantage of using the "precedent" principle in the legal system. (1) Firstly, it is psychological. The one would prefer to base its own decision by referencing the previous case, rather than to take full responsibility of taking a new decision and prove the ground and necessity upon which it was taken.

Secondly, it is a practical reason, which encourages using an individual attitude to every case in order to obtain the maximum of justice and accuracy. Moreover, one thing that is distinctive of the English system allows the English judge, though precedent, to its power in introducing new law, where his position is central. But because, the English system is "the doctrine of the binding case", one should all of the time to bound it with the hierarchical authority of courts. In that situation, it means that the inferior court should follow the higher one. (c) The Subsidiary Sources. Custom.

In one sense we may say that the custom is the principal and original source of law since it was naturally cultivated in the ancient society and brought through the hundreds of years by people. Furthermore it reflects the peculiarities of the domestic culture and expresses the difference from others nations systems of law. The common law principles first where used by the Norman kings to replace ancient custom of the realm and introduce new system of law, what was a court of law in the past which travelled to each county of England and Wales. "Common law therefore means the law common to all areas of England and Wales"(1).

Moreover the Norman nobility, who overruled the country, established "a time immemorial period", which is under AD 1189. This year became known as the "limit of legal memory". That can be illustrated with the case Mercer v Denne [1905]. Before the Norman Conquest in 1066 Saxon England was divided into various tribal area, in which of them laws were based on the original customs of it. A that time England had three distinct legal system applying to each different area: the "Dane law" in northern and northern-eastern England; "Mercian law" in the Midlands; and "Wessex law" in the south and west of England.

Nowadays we can not see the great influence of "ancient custom", but it is still important in some areas of law, e. g. "common carrier of goods". Q. 2: Discuss the legal significance of an invitation to treat, past consideration and the postal rule for the acceptance of offer. The contract is "a legally binding agreement made between two or more parties, by which rights are acquired by one or more to acts or forbearances on the part of the other, or others"(5) that how defines it Sir William Anson. There are some essential elements, which will help to fulfil this definition:

(a) Legally binding. It's important that not all agreements are contracts and that not all agreements are legally binding. As an example of this there exist social agreements, domestic agreements and etc. (b) Two parties or more. There should be at least two parties for an agreement, because one cannot trade with oneself. (c) Rights are acquired. All of the parties should complete their promises in return to each other. (d) Forbearances. To be tolerant and to refrain from doing something that you could have done and keep the promise to do so.