Case Study Law Assignment Assignment Sample

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Introduction

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Section 1

Question 1

(a)Act of parliament:

The “Acts of Parliament" can create a new law or change existing law. The Act in parliament law needs to be approved by the House of Lords and also by the House of Commons. Therefore, acts of parliament are also known as "statute law" of the UK. The UK government is responsible for state new laws, and only by passing in the parliament, the law can be put into action. In the year 1849, the handwritten acts of parliament were printed for the first time (Kaufmann, 2021). In the UK, until the 20th sanctuary, the power to act on the law was lies in the hand of the House of Lords. They also had the power to stop legislation; however, when they refused to pass "David Lloyd-George's 'people's budget' of 1909", there was an issue to reform the House of Lords. The result to solve the issue was the Act of parliament in 1911 (Biel and Pytel, 2020). The main importance of "Acts of parliament" is that they always consult the "Queen council" power. 

(b) Case law: 

The case law was significantly developed by the common law of the UK, and it originated in the time of early middle age of the king's court. At that point in time, a single court was set up for most of the citizens of the country. At this time, it has not produced any substantive rights for common people but only consists of procedural remedies (Caygil, 2019). However, as time passed, it got the right importance it developed as case law. The UK is a common law country; therefore, the case laws became an important part of its jurisdiction as it has a large record of disputes and disagreements. 

Question 2 

Advantages and disadvantages of judicial precedent and the doctrine of stare decisis-

The advantage of judicial precedent is that it reflects the consistency of laws, and it also has detailed descriptions, which makes it easy to understand. As per the view of Palombo (2019), another advantage of this is that it is a flexible and growing precedent and has the power of dealing with practicality. On the other hand, there are a few disadvantages of it: its nature of rigidity, and it also sometimes provides illogical distinctions. Another important disadvantage of it is that it creates complexity due to its bulk nature. The complexity of this precedent can create difficulties when deciding the "ratio decidendi", specifically when there is a range of reasons (Rafiei, 2019). However, by this, there might be a long waiting time for a case to come to court.

This has been observed that a lower court also has the power to refuse to follow the judicial precedent; it can happen due to the inconsistency in earlier decisions made in a higher court. According to Palombo (2019), there are a few judgments that include not following the judicial precedents, while it is not expressed, or when the judge did not find a reason. Therefore, it can be said that there are circumstances like an absolute absence of precedent in a courtroom due to its flexibility. On the other hand, a person may feel confused to understand the judicial system due to its complexity. 

Question 3 

The general rule for the law of contract is that a contract should be made in the interest of both parties and need to be acknowledged by written document or orally by both parties engaged (Caygill, 2019). However, there are many reasons why a contract cannot end, due to which a contract can be terminated. Here, it has discussed the ways that a law of contract can make it to the end. It can be only done when both the parties mutually fulfil the contract's interest. On the other hand, when any of the parties restrict another, the chances are created to terminate the contract. Furthermore, timely delivery of the project mentioned in a contract or timely payment can increase the chances to make it to the end. It can be said that both parties involved in a contract should understand the consensus to make it successful.

Otherwise, if both the parties did not violate the term mentioned in a contract can also increase the chances of a successful law of contract. As per the view of Pak (2020), the consensus is the most important thing in a contract to make a conclusion of a contract. Circumstances like breaching the confidentiality of a contract by one of the parties can make the contract end. Therefore, it can be said that maintaining the privacy and not disclosing the details mentioned in a contract can make a contract to the end. 

Case study questions

a) Application of the relevant law

The case study describes an offer from the gym, which Mary considers. The relevant law here is the Law of Contract (Cherry, 2017). As per the rule of law, in any situation, a contract will be formed and legally accepted in some particular circumstances. There are three general parts of a contract. "Agreement", "contractual intention" and "consideration" are the three parts. The existence of an offer is essential in applying the "Law of Contract" (Howells, 2017). Here an offer from the gym can be marked for the membership. Thus, the applicable law will be the "Law of Contract" here.

Time has a vital role in determining the validity of a contract through offer and acceptance. The offeree's rejection of an offer can be ensured with the lapse of time. On the other hand, the incapacity of the offeror will present different positions that will be maintained for further progress. The formation of the contract according to the stated offer will take place within a given time with the objective manifestation (Cherry, 2017). Here, in the case of Mary, a time-bound offer was made, which was to be conducted by the manager. However, the manager left the place by registering their name in the offer time.

b) Explanation and illustration of the meaning of "Intention to create legal relations."

"Intention to create legal relations" refers to the intention of two parties to enter into a legal relationship. Binding agreements of any contract will be established legally (Giancaspro, 2017). Consideration of rights and agreements of both the parties will be stated and recognized legally. Enforceable practices and rights of both parties will be ensured. Both parties generally negotiate for an offer (Rahmani and Ghasemi, 2020). However, the parties' intent to step into legal action is a sensitive matter. Such intention is marked for the corporate holders. However, it is common for corporate agreements, but the condition can be evaluated

 in less formal situations.

Most small size businesses adopt an informal agreement like this gym. But such informal binding can create inconvenient conditions, as the case reflects. Mary was meant to be registered under the special offer, which is not recognized by the gym. Thus, legal binding with the offers and acceptance of offers as per the rules is to be considered for the smallest contracts. 

c) Consideration by Mary

The considerations given by Mary should be of equal value. There present some terms described in the flyer. Residents can avail of the offer from the next term, which is to be maintained through the assessment of these factors. Mary's proper communication was established with the gym by providing the residential proof. Verbal communication with the manager has resulted in registration for the free session. But from the implied responsibility of the verbal communication, registration under the special offer of the residents is also to be performed by the gym authority. All the clauses under the contract are to be performed by the manager. Thus, the considerations made by Mary should be of equal value. The annual charge for the gym is to be considered 120 pounds. The bags are also to be claimed along with the membership charge (Howells, 2017). Registration for the free session is proof of the manager's action. Based on that, a remedy for such breach of contract can be claimed by Mary for equal value.

d) Remedies in the event of a breach of a contract

The implied duty of each party of formal and informal contracts can be marked. Thus, association with the duties is expected by both parties. Proper presentation of these elements is thus essential to consider (Tariq, 2018). Three types of a breach can be marked in a "Law of Contract". The first breach is a defective performance by a party. This happens when the clause is performed, but the quality of the act is not standard. "Complete non - performance" is the other breach where no action by one party is taken for completing the contract. The third breach is a delayed performance by a party (Ganglmair, 2017). In this case, the contract is performed after the considered time, which causes loss to the other party.

In the case of Mary, the breach of contract can be categorized under "delayed performance". Presentation of the contract and registration of the mane of Mary and her friend is to be completed within 31st of January. But the manager has neither registered their names nor given the free bags from the gym. Thus, several remedies can be ensured for them. One drawback of the case is there is no written proof of the manager's statement to Mary. However, the remedy that can be stated is monetary compensation. Proper assessment of these elements has been one aspect that is to be maintained for the development of these factors. However, the terms here were implied and were intended to be performed by the manager. Thus, injection for restraining further breaches with monetary compensation may be dictated as a remedy for the case.