Explanation and Definition of Criminal Law
Every country of the world has its own constitution and law approved from Parliament and Government bodies. The purpose is to protect the society in the legal environment.The main objective is to protect the resident of country from any offenders and criminal. Therefore in every country of world. Law is divided into criminal and civil law. In this business law report we will explain and define criminal law and civil law.According to research criminal law is a guideline followed by Government departments and law enforcement agencies.
It is also explain and evaluate the matter of criminals, offender who breaches the law. These criminal matters are murder, smuggling, robbery etc.criminal law is enforced by police and law enforcement agencies find a suspect. A person crime is subject to prosecution by the state. An individual criminal proceeding will be brought to crown prosecution service. Legal proceedings and case will be heard in Magistrate court, crown court.
Its example are murder, assault, burglary, sexual assault etc.If convicted the offender will get a sentence, prison and fine according to legislation.
Explanation and definition of Civil law
According to Serbhid, 2017 research reports, it is a system of rules and guidelines which describe the rights of residents. The objective is to help the public in legal matters. Remedies to resolve the dispute in the business. Example: torts disputes, property occupancy cases, employee’s issues with the employer and every business and its consumers in the country.Furthermore, Divorce cases, civil disputes, breach of contract, employment law. All cases are settled through a legal procedure.Insurance companies and private business organizations settle matters between both parties and compensation is awarded to plaintiff or defendant. Consumer file suits against an organization for any injury in business premises breach of Health and Safety at Work Act 1974. The respondent has known a defendant. A defendant should be an organization area manager may be found liable for the damages or injury. (Lawaspect.com) This all process is described as litigation (Media Centre, 2018) Government legal bodies and regulators CTSI, Ofgem, FCA allow membership to legal business agencies to solve consumer and organization issues in the country according to law of the estate. It also deals the business loss, any case of injury in the business premises. A defendant can be an individual from the organization may be found liable for damages. Example: M&S staff member vs consumer.
Criminal vs Civil Law difference
Criminal law objective is to find offenders and take them for punishment and fine in Magistrate Court. Civil law objective is to maintain stability in the public. (William Geldart , English law)According to research papers of Mr William Geldart, civil cases are filed from the parties who have private matters of business. While crime cases disputes are filed by the Police or other law enforcement agencies to the crown court.Disputes and matters between individual and organization are filed through criminal court and court hearing process is completed from prosecutor and defendant. While in civil judgment is filed relating to the financial matters.Criminal law difference can be outlined related to court. Judges determine an accused is guilty in the case or not guilty in the case. While in the civil court it is analyzed by the reports and proof, statements that the party is liable for compensation or not.As per law of the estate it is determined by the prosecution that case conviction is the sentence or fine or community service while in the case of civil court a party is awarded liable for the money or compensation.(www.civil vs criminallaw.com.html).As for as criminal cases are concerned an appeal from accused or offender can be submitted to the magistrate court. While in the civil court cases both the consumer and organization or firm can submit an appeal through legal solicitors and its process.
Four Sources of Law
English law can be divided into four sources: According to Feb2018 online research articles explains the four sources as given below.
- Common or case law:’This law enforced during the period of William the Conqueror. . During the region of Henry II and onward a unified court system was created with judges travelling to circuits. The main objective of judges was to promote the common law at that time. This law was based on the system precedent. The decision of high courts binds the inferior courts.
- Legislation law:Parliament has some function which is passed in legislation. A bill is passed from public according to their will and opinion. Another bill which is passed known private bill. This bill also expressed and applied to organization and other individuals. Private bill can be enforced and approved by the vote. Example Abortion bill passed in 1967, another bill passed which is known famous Murder Act 1965. House of Common, House of Lords have some stages and process needs to be followed to pass a bill from majority of MP’s vote and Chief justices.
- European Union law:This law work alongside domestic law and with in the member state. The UK signed up the European Communities Act 1972 and under of this act relinquished part of its sovereignty agreeing to accept the supremacy of EU law and delegate some of its decisions and roles to EU.
- European Convention on Human Rights:It is a treaty to protect the human rights and freedom in Europe. This law enforced in 1953. It has ratified by state member of council of Europe. Human rights Act 1998 incorporated the ECHR into UK domestic law on Oct 2000.
Formation of contract law in Mark and Spencer
What is Contract
According to Contract law tutorial research article, contracts are individual’s rights and duties in written or oral agreement by the consent. These are the agreements that the law will enforce.According to contract law, it includes an obligation duty according to law, even if the parties are not aware of duty obligation.
Types of Contract
- Express Contract
- Implied contract
An agreement is communicated by oral or written is known express contract. Terms are stated by the parties in accordance with the positive intension. Example: I offer to sell my car after negotiation to another party. Second party agree to purchase on terms we have worked and bargain less thanЈ2000.This is express or oral contract.(www.Uslegal.com)
Implied: A conduct of both groups indicates the consented to be bound. This contract is not written down. Terms are not explicitly discussed. But legally exist due to the action of parties. it is type of implied contract.(www.legal dictionary.com.html. Example: Purchase of washing machine or maintenance services from M&S. Finally, unilateral contract explains, a person accepts an offer by performing a request act. The term of offer indicate that an act is required for acceptance.
Elements: According to Judicial education research articles reference explained in the following wordsOffer:Parties made a promise to do or refrain from doing some specified action in the future.Considerations:A value of goods or services was promised in exchange for specified action. It is form of money, services to perform some services. Consideration is a value that induces the party to enter into contract. Example: Marks & Spencer South East England Store managers, value customer habits, innovation, opinion in Fast Food and consideration of quality of tasty dishes or items.Acceptance:Another element in formation of contract is acceptance through word, deeds or mutual consent, performance as called for the contract. An acceptance is mirror the terms of offer if not acceptance is viewed as a rejection.Sales of goods between M&S store policy and customers must mirror its terms and condition of sales.
Mutuality of obligation:Both parties had a meeting in the mind for satisfaction of goods or services. Parties have understanding the terms of contract and substance.
Instruments:Generally there is no requirement in the writing. But for Employment contract of organization a written business, employment contract iscompulsary as compared to oral for filing a case for not paying employee wages after resignation in M&S. Oral and written contracts are the state of limitations that create deadline.
Explanation of Tort Liability and Law
Tort is a legal term describing an action and law violation from one person or organization that cause damage, injury, harm to another party or individual. Violation may result from intentional action and breach of duty in negligence.Party or individual is described as tortfeasor that is ready for a legal case. Which incurs described tort liability. Furthermore they will have to reimburse the victim for the possible injury, harm. So tortfeasor who is found liable for a person will likely to require paying damages. It is also emphasis on violation of personal rights.Court award for the damages for civil wrong, called tortuous conduct of an entity. legal body also order reimbursement of property loss, medical expenses, pain and suffering,loos and income loss to the consumer.
Three Elements of tort liability
- Defendant duty to protect Health and Safety
- Defendant breached the duty and endangered H&S of plaintiff.
- Plaintiff suffered injury in form of physical, mental.Injuries caused by negligence of defendant.(Haralson, Miller,Pitt,Feldman&MickAnnally,Arizona)
A civil wrongs done on the part of defendant. Example: Assault, emotional distress, trespass to land,conversion.( to linklaw business research Sep2016, report study, lawsuit need four elements of tort law need to be proved and present in court. Four elements of tort law are outlined below.
- Duty of care:Care is always being present in tort law. It is on the part of one consumer or organization. Defendant owed a legal duty to the plaintiff. Without legal duty a defendant cannot be held respnsible.www.legalmatch.com/…/tort-law-liability.html.Example: Mr Mick a Consumer was crossing the checkout counter slipped from floor when the cleaner moped the floor. He slipped and fell near Food Kiosk. Mark &Spencer area store manager, is a defendant, liable for negligent activity.
- Breaching duty of care:Legal responsibility is essential. A legal duty is breached when a defendant does not meet the Health and Safety stand of care. The breach caused the Mr Mick ( plaintiff )injury.Example:Mr Mick, Consumer in M&S store not following health and safety law. Defendant owed a breach of care.
- Causation, Suffering: Another part in the tort case is an action that can cause a suffering to the victim. In absence of cause there is no tort. Example: Mr Mick was suffered in pain, leg injury due to accumulation of food on store floor.
- Injury: Without any damage or injury there is no basis for tort lawsuit. Let roll the above case of Mr Mick, He was found in discomfort, physical harm, pain and send to hospitably ambulance.Tort is proved: As from the above four elements are present then tort has been committed according to law. Injury to the victim consumer must be fully compensated for suffering in mental and physical harm.
There are also other categories for damages, for example: special damages, aggravated damages. Victims will pursue any of the damages against M&S management or respective department.Civil lawsuit, tort can be complex in specific cases but examination, circamtances of each case is different
Cite this essay
Contract Law in Mark and Spencer. (2019, Aug 20). Retrieved from https://studymoose.com/contract-law-in-mark-and-spencer-essay