b.a business studies bus361 business law. [email protected] ms. natalie alkiviadou
TRANSCRIPT
B.A BUSINESS STUDIESBUS361
BUSINESS LAW
OVERVIEW OF COURSE
Aims and Objectives
Methods of Assessment
GENERAL RULES
All materials will be uploaded on website
Class Participation Absences Breaks Questions/Queries Suggestions?
MAIN TEXTBOOKS
Title: Keenan and Riches' Business LawAuthor(s): Sarah Riches and Vida AllenPublisher: LongmanEdition: 10th Year: 2011ISBN: 1408278839
Title: Treitel on the Law of ContractAuthor(s) Edwin PeelPublisher: Sweet & MaxwellEdition: 13th Year: 2011ISBN: 1847039219
Title: Glanville Williams: Learning the LawAuthor(s): A.T.H. SmithPublisher: Sweet & MaxwellEdition: 14th Year: 2010ISBN: 0414041739
Definition of Law
Oxford Dictionary of Law: ‘the enforceable body of rules
which govern any society’
The Rule of Law
Dicey: No sanction without breach One law for everyone Rights secured by judicial decisions
The State must not use its powers arbitrarily
Civil v. Criminal Law
Criminal Law – punitive Civil Law – provides plaintiff with
compensation Rules of evidence in criminal and
civil proceedings Separate court systems Criminal and Civil proceedings may
arise as a result of a series of events
Sources of English Law: Case Law
Stare decisis
Ratio Decidendi
Obiter dicta
Advantages of Case Law and Judicial Precedent
Certainty
Detailed practical rules
Free market in legal ideas
Disadvantages of Case law and Judicial Precedent
Complexity and Volume Rigidity Illogical Distinctions Dependence on chance Retrospective effect Undemocractic
SOURCES OF ENGLISH LAW
Legislation/StatuesStatutes are made by Parliament
Parliament – sovereign
Precedence of Statutes
Membership to the EU?
STATUTORY INTERPRETATION
The Literal Rule The Golden Rule
The Mischief Rule
SOURCES OF ENGLISH LAW
Other Sources of English Law European Law
Equity
Custom
EQUITY
Historical Background Fairness and natural justice Equitable Remedies Supremacy of Equity Equity today
CUSTOM
Tanistry Case (1608)
Stringent Criteria for Custom
EC MEMBERSHIP AND INTERPRTATION OF UK LAW
European Communities Act 1972 R v Secretary of State for Transport
ex parte Factortame (1990)
ROLE OF LAW IN THE BUSINESS CONTEXT
Commercial Law EU Law International Law Contract Law Property Law Trust Law
Assignment
Details of the legal system in your country
Thank you for your attention!