planning law for travel, tourism & hospitality by daniel theyagu

Planning Law forPlanning Law forTravel, Tourism Travel, Tourism

&&HospitalityHospitality

BY

DANIEL THEYAGU

PLANNING LAWFORTTH

LEGAL SYSTEM

Law of Tort

Agency Law

Contract Law

Consumer Protection

International Treaties

Laws Relating to Accomodation

Services

THE LEGAL SYSTEM

• The nature and meaning of law

• Why is law important?

• Classification of law

• Sources of law

• The court structure

• Resolution of legal conflict

The Nature and Meaning of LawThe LAW regulate many aspects of

our daily life. Everything from buying a cup of coffee to catching a

flight to bring you to Burkina Faso. When you book into a hotel there is a law protecting you as a

guest of the hotel. Imagine you were served dinner in a hotel and as you were eating your meal you saw a half-eaten lizard in your food.

What would you do?

Law and Society

A simple definition of law is that it is the

set of rights and obligations by which

a community regulates its affairs.

As soon as people live in groups or

communities, there is a need for law. The law may be

manifested in the form of custom,

ethics, religion, or legislation.

Why is Law Why is Law important important

to us?to us?

LEGAL RULESLEGAL RULES

Primary Rules

Secondary Rules

Duty-imposing Rules Power-conferring Rules

PUBLIC LAW

PRIVATE LAW /civil law

CRIMINAL LAWCRIMINAL LAW

CONSTITUTIONAL LAWCONSTITUTIONAL LAW

CONTRACTCONTRACT

TORTTORT

The Legal & Regulatory Framework Law & other rules Criminal & Civil Law Sources of Law The Legal/Court System

The three sources of LAW

Are:1. Common Law, and2. Statutes3. Equity

PERSON SUING IS CALLED:

PERSON BEING SUED IS CALLED:

Peter v Paul (2003) 2 SLR 378

Plaintiff

Defendant

Year case was reported

2nd volume of Singapore Law

Report

Page number

These are Judge-made laws decided in a Court. All cases heard in a court are recorded in LAW

REPORTS for future references. This is also to allow the process of STARE DECISIS to take

place.

This means the This means the Doctrine of Binding Doctrine of Binding

Precedents.Precedents.

According to this doctrine the lower court

judges are bound by decisions of higher court judges and sometimes the same court may be bound

by its own previous decision

For the lower court to follow the higher court decision the material facts of the

case must be the same.

CASE A (1990)Man – stoleFrom bank $100 000Jailed for 5 years

CASE B (2009)Man stole fromBank $100 000

Jailed for 5 years

The material facts are similar

therefore judges will

follow precedents

WHY DO JUDGES FOLLOW PRECEDENT?

So that they can ensure that there is a uniform development of the law. Also – to

make sure that people don’t waste the

court’s time.

Also Stare Decisis ensures:

1. Consistency &2. Certainty

In the case being decided.

SUB-ORDINATE SUB-ORDINATE

COURTCOURT

HIGH COURTHIGH COURT

COURT OF APPEALCOURT OF APPEAL

Bound by the decisions of the High Court and the Court of

Appeal.

Only bound by decisions of Court of Appeal. Not bound by

sub-court decisions.

Not bound by lower court decisions. Not bound by its own

previous decision although might follow to maintain

uniformity.

Final court of appeal for all cases in Singapore.

COURT OF APPEAL

HIGH COURT Criminal divisionCivil division

Sub-ordinate CourtDistrict Court Magistrate Court

Coroner’s Court Traffic Court Night Court

Family Court Juvenile Court

Small Claims Tribunal Singapore Mediation Centre

Singapore Arbitration Centre

Legislation (Statute) are also known as

ACT OF PARLIAMENT.They are written law which

takes precedent overevery other form of Law

ExceptTHE CONSTITUTION

Singapore Parliament

Government Members of Parliament

Cabinet Prime Minister

Backbenchers

Ministers

Ruling partyMPs

OppositionMP

NMPNCMP

Nominated Member of Parliament

Non-Constituency Member of Parliament

SEPERATION OF POWER

EXECUTIVELEGISLATURE

JUDICIARY

To makeLaw

To enforceLaw

To settle disputesof

Law

parliamentgovernment court

BILLBILL

FIRST READING

Bill is introduced in Parliament and briefly Discussed as to whether it should be passed

SECOND READINGSECOND READING

Bill is further discussed and voted. If more Than ½ approve goes to next stage

Committee Stage

Committee Stage

Bill is passed to a committee to discuss theMerits of the bill and impact

THIRD READINGTHIRD READING

PRESIDENTASSENT

PRESIDENTASSENT

Bill is Gazetted

Bill is Gazetted

ACT OFPARLIAMENT