Sources of English Law and Examples of their Use - Essay Example

?Sources of English Law and Examples of their Use Question One Statute Law: Statutes are the primary part of English law, and they are the legislative portion. Legislation comes from government which votes on, and passes acts. These are not officially written in any single location; instead unofficial publications organise and collate these, often by subject. One problem with this is that many of these collections do not extend to recent times, or are not regularly updated, making it difficult to find a full listing of active statutes, although there are some comprehensive databases of historical statutes . Statute law represents the primary legislation passed by parliament and consist of acts, as well as amendments to acts . Common Law: Common law is a form of law that is not based on any external set of rules or regulations. Instead, common law is derived from previous cases. . By this part of its nature, common law is unique as it self-generates. These cases are often poorly documented and summarised, making the determination of what is common law difficult It is primarily used in cases where there is no legislation that covers the case currently being considered, and is instigated by judges, often in cases of negligence . Equity: Equity is connected to common law, and was formed to assist in cases where common law was not enough. Equity occurs when common law has been applied in a situation, but the ruling doesn’t appear to make sense for the particular criteria or people involved. Equity does not happen in all cases; instead it is an option that the judge can take, rather than a right of those under the law. Initially common law and equity used separate courts, but now both occur seamlessly within the same court, and often the same judgment within the UK as well as other countries and colonies. Injunctions are one example of equity . As such equity occurs in areas of the law where common law is applied, as there is limited legislative backing for the situation, but the conclusion from common law does not fit the situation. European Law: This refers specifically to law that is connected to the European Union, which came into being towards the end of 1993. When the UK joined the European Union it was required to incorporate legislation from the European Union into the laws of the UK and to recognise the European Court’s jurisdiction in regards to European Union law. An example of a European law is the European Convention of Human Rights, which was incorporated into UK law in 1998. European Law, while applied in the UK, is developed through the European Union . Question Two There are many legislative acts created through statute law that are important in Britain. One of these that had a large impact on business was the equality act, introduced by the Labour Government in 2010. The act was designed to dramatically increase the rights of employees of all types, aiming to advance equality and protect against discrimination. This law had a major effect on businesses, increasing costs involved in dealing with disabled employees, as well as allowing avenues for issues of harassment and discrimination in the workplace to be addressed, which generally has the effect of improving employee morale . The case of Donoghue v. Stevenson was a case brought to the House of Lords in 1932. The case is monumental, as it was a case of common law that set the precedent for negligence in modern English law, as well as Scottish law. The case itself revolved around a snail that Donoghue claimed was poured in her ginger beer. She consequently brought action against the manufacturer of the water in the ginger beer, Stevenson. The case was important as there was no legal precedent, so the case fell into the grounds of common law . For businesses today, the case has important ramifications, as it has served as the basis of the concept that one person is able to owe another person a duty of care. The case of Seager versus Copydex was a case of damages and of breaches of confidence. The case was one of the early cases that considered equity. The problem in question was concerning a breach of confidence that occurred during in respect to design for carpet grip. The case of Faccenda Chicken versus Fowler was a similar problem, where Faccenda Chicken Ltd was bringing charges against Fowler, a former manager, for the unauthorised use of trade secrets. For both these cases there is no relevant legislation, instead it is a case that involves equity . For businesses, these cases are important as they are examples of breaches of confidentiality, and show how equity can be used to prosecute those who have breached confidentiality, even when there is no legislative backing The case of Marshall versus Southampton is a strong example of European Union Law in action. Ms. Marshall was an employee of Southampton and the Health Authority for South West Hampshire Area. She was dismissed as she reached the qualifying age for the British pension. She argued that this was discriminatory, as the age was different for men. As there was no solution for the problem within British Law, European Law was turned to for a solution, resulting in damages being awarded to Ms. Marshall. This is a strong example of the use of European Law in British cases, and is important for businesses as it shows how European Law can be used to solve cases where British Law cannot. . References BOYLE, C. 1974. Confidence v. Privilege. N. Ir. Legal Q., 25, 31. CARTER, S. & SWIFT, H. 2009. UPDATE: A Guide to the UK Legal System [Online]. Available: http://www.nyulawglobal.org/globalex/United_Kingdom1.htm#legislation [Accessed September 3 2011]. CORKERY, J. 2001. The English courts and the rise of equity. The National Legal Eagle, 7, 6. DUKE LAW. 2010. English Law [Online]. Available: http://www.law.duke.edu/lib/researchguides/english.html [Accessed September 3 2011]. HANKS, E. H., HERZ, M. E. & NEMERSON, S. S. 2010. Elements of Law, LexisNexis. HEPPLE, B. 2010. The New Single Equality Act in Britain. The Equalities Rights Review, 5. HOUSE OF LORDS DECISIONS. 1932. Donoghue v. Stevenson [Online]. Available: http://www.bailii.org/uk/cases/UKHL/1932/100.html [Accessed September 2 2011]. RIDEOUT, R. 1986. Contract of Employment. Industrial Law Journal, 15, 183. VANHAMME, J. 1994. Case Law: Case C-271/91, M.H. Marshall v. Southampton and South West Hampshire Area Health Authority, August 2, 1993. Effectiveness; Compensation for damages; direct effect of directives. The Columbia Journal of European Law, 110.  Read More