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Four sources of law

Essay
Sources of law
Law of contract-Offer and acceptance revocation
Law of tort
Negligence
Business organization direct duties
Court system
Alternatives dispute resolution options
- Arbitration independent both party agree bound by decision
-

ConciliationLegislation (parliament) Statue law green paper- whitepaper,


bill thats drafted
Case law
Human rights act
State and commitiee law
Two houses, house of representations then the senate. Bill
becomes an act when president is proclaimed.
Interpretation of the legislation, when bills are drafted it becomes
an act, parliament develops law, court interprets and enforce law
Statutory interpretation
Literal rule- place simple ordinary literary meaning
Golden rule rational interpretation, least absurb interpretation
mischeif ruleLegislation
Yousum generis ruleExpresso urius rule
Extrinsic material- utilizing records of parliament hansel records
Precedence,
Isis-certainty and predictability
Orbit adductor
Case law decisions of the court, following precedence body of
rules generated, coming out of cases for the court
European committee law-

Human rights actMediation helping identify decision

Law of contract
Offer and acceptance
Offer vs invitation to treat
Offer statement of terms in which something is bound
Termination of offers
Refusal cease to exist
Counter offer (change original offer)
Lapse of time
Death of offerer
Revocation- offer can be withdrawn at anytime before it is
accepted(must be communicated)
Acceptance- as a final an unqualified attempt into the offer
Mirror image
Firm (final, unequivocal)
Communicated
Offerer and oferee two parties interating, contracted may be made for
3rd party, previty of contract
3rd party who is not party to contract has no knowledge of contract and
privity of contract.
iT provides for 3rd party
discharge of contracts (motes)
-performance (parties would discharge all obligations under contract)
-Agreement(parties can agree not to go through with contract, where
neither party goes through with requirement)
-frustration (basically occurs when formation and performance of the
obligations, events outside prevent performance of contract are
presented due to no fault of the contracting parties) fern and henry
Booking hotel room
breach of warrenty- contract would remain, but entitle to damage only
Agency by necessityAn emergency situation arises and one person acting to preserve
interest of another person.
There are some scenorios in which you can qualify this:

One person have possession of another person good


Situations allws person to take action because of situation of another
It is impossible for person to communicate with owner
Provides for agent 3 important:
Agent can pay expenses
Any third party takes possession of goods party is allowed to retain
ownership of those goods
Sale of goods act
Has to do with sale of goods, buyer and seller, levages responsilty to
owner
Buyer
Righst to damages
Law of tort
Negligence
Issue of nuisance Public nuisance and private nuisance
Who can sue and who can be sued(private)
Duties of employer
- pay the employee
- not to undermine employee
- supervise safe working conditions
employee duties
-reasonable care and skill
-obey reasonable orders
-act in good faith towards employer
duties of directors
-promote success of company

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