Business Law by Ewan Macintyre

By Ewan Macintyre

The second one variation of this significant cutting edge textual content covers a large choice of industrial legislations themes in substantial intensity and at a excessive educational general whereas conserving an simply readable sort. The textual content comprises the English criminal approach and dispute answer; the legislations of agreement; sale of products and the provision of providers; corporation; the legislations of torts; shopper credits; corporation and partnership legislation; employment legislation; highbrow estate; alternate descriptions, deceptive costs and product security. The built-in method taken emphasises the coverage in the back of the legislations and the way diversified parts of legislation are interconnected. it's a entire educating package deal with many student-friendly pedagogic gains and fabulous lecturer aid, together with a significant other site

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The distinguishing features of the English legal system have been modified over the years, but it is nevertheless questionable whether they are best suited to the needs of the twenty-first century. Having examined the characteristics peculiar to the English legal system, we then consider the ways in which the law can be classified. We contrast public law and private law; civil law and criminal law; and common law and equity. The main focus of this chapter is on the different sources of law. We first examine legislation, considering how both statutes and delegated legislation are passed and the way in which legislation is interpreted.

The judge supervises the battle between the lawyers, but does not take part. Today the battle is metaphoric, one party’s lawyers try to establish that there is a case, the other party’s lawyers deny this by whatever means permissible. In the early Middle Ages the battle could be real enough, as certain types of dispute were resolved with a Trial by Battle. In such a trial the parties would fight each other, both armed with a leather shield and a staff and it was thought that God would grant victory to the righteous litigant.

The judge should be disinterested in the outcome, merely ensuring that the lawyers fight by the rules. An important aspect of the adversarial system of trial is that it is the task of the lawyers to bring the relevant legal rules to the attention of the court. If a lawyer in court makes a perfectly true statement of law, such as the statement that all goods sold in the course of business must be of satisfactory quality, he must provide authority for this statement. This means that the lawyer must quote the case, or in this instance the statute, which made the law.

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