Got a tricky question? Receive an answer from students like you! Try us!

Business law - Essay Example

Only on StudentShare
Pages 12 (3012 words)


It also discusses the lines of separation between a contract and an agreement. It attempts to advise a house building company about their legal position in a sales…

Extract of sample
Business law

Examples of these crimes are murder, kidnapping, robbing etc. State acts as a prosecutor in criminal matters as it is the State who sets out the legal framework. There is, however, a right of undertaking private prosecution’ in which a citizen, ordinarily the victim, acts as a prosecutor (Gillespie, 2007, p.8). The penalties, in case of a breach of a criminal law, include fines, loss of liberty, execution and State supervision. A person penalized under criminal law for the first time initiates a ‘criminal record’ in which all the crimes committed in the future are to be incorporated.
Civil law deals with anything that is not in the scope of criminal law (Gillespie, 2007, p.8), e.g. Contract Law. The primary source of this law is the legal code. It generally concerns with private matters of the parties but the State is involved in some matters too e.g. in a lawsuit brought against a public body. Therefore, civil law is a mix of public and private law. The citizens are mostly the prosecutors in matters arising under civil law. The penalties are not of a punishing nature. This law attempts to make the guilty party compensate the aggrieved party for the loss that it causes by way of allowing damages. A lawsuit brought under civil law is not due to a breach of a public duty and hence, are not punitive. The damages are classified according to the nature of the loss. However, nominal damages are allowed in some cases which serve the purpose of punishing a party.
Common law recognizes the common principles and develops the statutory law which is passed by the Parliament. It develops the law by forming new precedents which are the judges’ decisions in any particular set of circumstances. Once a precedent is formed, the future judges are bound by it for the sake of consistency in adjudications unless there are new circumstances which force a judge to decide on the contrary. For instance, Donoghue v Stevenson (1932, duty of ...
Download paper
Not exactly what you need?

Related Essays

Business law
Referring to general principles of recognized by civilized states as a source of international law, it protects South African government in its bid to establish its own health care policy. The decision of South Africa was driven by the fact that most of the affected HIV/AIDS victims come from developing countries where access to cheap medical facilities and medicines were inadequate faced by a total population of 4.7 million people affected y the pandemics, the South African government had no alternative except to manufacture cheap drugs accessible to all people. Therefore South African had…
5 pages (1255 words)
The difference between them is that the former pre-qualify on the basis of “good citizenship” working on a part-time basis while the latter are lawyers who sit as full time judges. The former sits in threes with the aid of a legally qualified clerk whilst the latter sits alone (Kelly et al 2005 p. 51; Whincup 2006 p. 7).…
4 pages (1004 words)
business law
Such advice is provided by The Learned Wig without constituting any representation or guarantee of any kind, express or implied, as to the information, content, materials, or products being sold in this store. To the full extent permissible by applicable law, The Learned Wig disclaims all warranties, express or implied, including but not limited to, implied warranties or merchantability and fitness for purpose, even any liability arising from the negligence of its employees. In the same way, the Learned Wig excludes any liability for any type of damage or injury that the costumer may suffer…
5 pages (1255 words)
business law
Since Joe’s work includes a lot of heavy machinery and labour, one of the main regulatory and legal issues within the legal framework to be adhered to should be employee security and safety. He should also be able to provide adequate amount of medical facilities to his workers in case anything goes wrong since he is aware that he is working with heavy machinery that is likely to cause damages due to negligence.…
3 pages (753 words)