Law

A rule or a set of rules enforceable by the courts regulating the government of a state, the relationship between organs of the state and subjects of the state and relationship of subjects towards each other.

Sources of law

International treaties, the constitution, laws promulgated in parliament and customs.

Hierarchy of laws

International law, Constitutional law, Laws and regulations, Administrative law

Common law

Law developed by judges through decisions of courts and similar tribunals, rather than legislative statue or executive action and to corresponding legal systems relying on presidential case law.

Civil law

The body of laws of a state or nation dealing with the rights of private citizens.

Public law

Areas of law that involve matters related to the state: Constitutional law – Eg: role & power of

institutions with the state. Administrative law – Regulates public

authority, accountability of public authorities.

Criminal law – State is responsible for protection and justice.

Private law

Law that effects matters between individuals, people, groups of people or companies.

Contract Family Tort property

Civil law

Focuses on compensating & protecting the victim.

Regulates rights, duties & liabilities between individuals.

Eg: Contact Family Property

Criminal law

Concerns duties which individuals owe to the state.

Usually leads to punishment.

Contracts

A legally enforceable promise or promises. Not all promises are contracts.

To qualify as a contract, the following must be present: An agreement, offer & acceptance. Voluntarily entered into. Support by consideration. To do legal acts, not illegal.

Types of contracts

1. Unilateral contract – One party makes a promise.

2. Bilateral contract – Both parties make a promise.

3. Valid contact – Meets all requirements for a contract enforceable in court.

4. Unenforceable contract - A contract meeting basic legal requirements, but will not be enforced because of some other legal rule. Eg: contract must be in writing.

Types of contracts

5. Voidable contracts – A contract that may be canceled by one or both parties.

6. Void contracts – Lacks one or more basic requirements for a contract. Such as agreement has no force or effort.

7. Express contact – Parties have directly stated the terms of the contract oral or written.

Types of contracts

8. Implied contract – When surrounding facts and circumstances indicate an agreement has been reached, an implied contact is created. Eg: dentist visit.

9. Executed – A contact is executed when all parities have fully performed their duties under the contract.

10.Executory contract - As long as the contract has not been fully performed its executory.

Offers

A manifestation of a willingness to enter into a contract if the other person agrees to the terms.

Intent

There should be an intent to contract on the part of the offeror.

Test

This is it, we have an agreement on these terms.

A binding offer should include:1. Clearly stated terms.2. Intention to do business.3. Communication of that intention.

Offers

Definiteness – An offeror has to specifically indicate what he has to do and what he wants the offeree to do or agree in return. If not invitation to offer or invitation to negotiate.

Communication – An important factor is whether the offeror communicated the offer to the offeree. Communication indicates intent, non communication indicates indecision.

Problems with an offer

Advertisements Rewards Bids – Those who submit a bit are treated

as offerors such as contractors & subcontractors.

Revocation – Offerors have the power to revoke their offer at any time prior to acceptance even if they have promised not to revoke for a stated period of time.

Death or instantly. Discretion of subject matter. Intervening illegality.

Acceptance

Is the offeree willing to enter into a binding contract on the terms of the offer?

Express or implied. Offerees usually should accept terms

of the offeror, any changes by offeree become an offer.

Accepting an offer for a unilateral contract (performance).

Silence as acceptance

Not speaking being silent, offer is not accepted.

Can be accepted, depends on certain things a person does, such as nodding their heads or shaking the offerors hand.

Who accepts an offer? Only an offeree or their agent.

Communication of acceptance Unilateral contract/bilateral

contracts. Bilateral contacts – A promise for a

promise.

When is acceptance communicated?

Under postal rule, unless otherwise by the offerors.

The offer is effective on receipt by offeree.

Revocation is effective on receipt by offeree, but acceptance is effective on posting by offeree.

Voluntary consent

An agreement must be made voluntary to be enforceable.

Parties duty of care

A person should use reasonable care to discover everything relevant to the contract their about to enter.

Misrepresentation

This is when one party to a contract creates a mistaken impression about facts, factors concerning the subject of the contract.

Knowledge or misrepresentation is unnecessary & Fraud

Knowledge or misrepresentation is unnecessary – Mistake & negligence can = misrepresentation.

Fraud – Intentional misrepresentation.

Prove of fraud – All elements of misrepresentation + knowingly made with the intent to deceive.

Duress

One of the parties by making a threat of harm, forces the other party to enter into an agreement that the person would not have entered. Does not have to be violent just wrongful.

Undue influence

Similar to duress, exists when the parties had some confidential relationship at the time of contract. The idea is to protect the old, timid, phyiscally or mentally weak.

Mistake

A situation in which one or both parties to an agreement acted under an untrue belief about the existence or nonexistence of a material fact.

Can be mutual or unilateral. A mistake make a contact voidable.

Consideration

Free promises are not enforceable. Legal value bargained for and given in

exchanged for another promise. Legal value does not equal adequacy.

(Law is not considered with value). Rules of consideration. Promises not to commit crimes or torts. Promises of public officials to perform

official duties. Promises to perform preexisting

contractual duties.

Illegality

An agreement is unenforceable if either its information or its performance is illegal or contrary to public interest.

Types of illegality: Violates a statue. Violates a rule of common law. Contrary to the general rule of public

policy.

Typical labour law (labour contracts) has three sources1. Contract terms – A provision forming part of a

contract. Each term gives rise to contract obligation. Not all terms are stated expressly and some terms carry less weight as they are peripheral to the objectives of the contract.

2. Common law – Law developed by judges, rather than through legislative statues or executive action and corresponding legal system that rely on presidential case law.

3. Statute law – Written law set down by a legislature. Statutes are enacted in response to a perceived needed to clarify the functioning of government, improve civil order, to codify existing law or for an individual or company to obtain special treatment.

Duties of an employee

1. Obedience – An employee has the duty to obey which are lawful and reasonable, but no obligation to unlawful and unreasonable order.

2. Mutual respect.3. Fidelity & good faith – Employees must act

with complete honesty towards their employers when carrying out their contractual duties.

4. The duty of care – An employee should perform their duty using reasonable care and skill.

5. Duty not to accept bribes – Don’t reveal confidential information.

Rights of workers

1. Equal pay – people in the same employment should be treated equally by their employees regardless of gender as regards to their pay and benefits.

2. Sex discrimination –1. Direct – treats a woman less favorably than would treat a

man on ground of sex.2. Indirect – A provision detrimental to a large proportion of

woman than man (beard).3. Permissible discrimination – The essential nature of the

job calls for a man for reasons of physiology (not strength). Eg: Male role in a drama. The job needs to be held by a man. The job is one of two to be held by a married couple. The job involves the performance of duties in a jurisdiction.

4. Racial discrimination – Colours, race, nationality, ethnic or natural origin.

5. Disability discrimination – Eg: HIV, multiple sclerosis and cancer from point of diagnosis are included.

Rights of workers

3. Guarantee payments.4. Right to payment when absent for

medical reason.5. Right to payment when absent

because of public duty.

The choice of a legal company Legal liability Freedom of action Tax liability Tax rates Transfer of ownership

Different types of business organizations1. Sole proprietorship – A business operated

by a person as their own personal property. They have total responsibility for the legal liabilities and financial risks of the business. As they are personally liable for all the business debts, the sole proprietor may be bankrupted by the creators of the business.

Certain obligations to the partners – Make full disclosure to each other of all issues relevant to the business. To declare any personal financial benefit received by a partner in carrying. Not to compete with the other partner.

Different types of business organizations2. Limited partnership – A partnership

formed by at least one general partner and at least one special partner.

3. Corporations – An entity separate and distinct from its owners. Easier to hold property over long periods of time. Existence to hold property over long period of time. Existence is not threatened by death, bankruptcy or retirement. Shareholders have limited liability.

Different types of business organizations4. Public / private corporations

Public corporations – The corporation sells shares to people (public).

Private corporation – Stock is held by a family or small group of people who know each other.

5. Other types of corporations Business trust – Developed in U.S. Investors

were free from personal liability of business, but not permitted to have any voice in management.

Franchising – A business based upon the purchase of a franchise licence from the franchisor. This allows the name, logo and products to be used. Eg: Mc Donald's

Benefits of good labour conditions Attention to safety and production

details, results can lead to improved product design, innovation, higher moral, performance and productivity.

Health and safety of workers, preserves the quality of personal & family life.

Vigorous attention to workplace safety can increase moral, performance and productivity.

Employers obligations

Providing a workplace free from hazards, complying with standards, rules & regulations required by law.

Examine workplace to make sure they conform to labour standards.

Make sure employees have and use safe tools & equipment & properly maintain the equipment.

Use codes, posters, labels or signs to warn employees of potential hazards.

Communicate operating procedures to employees so that they follow health & safety requirements.

Provide medical examinations & training when required by labour standards.

Employee obligation

Comply will all safety standards. Follow all employer health & safety

rules & regulations. Wear or use protective equipment while

working. Report hazardous conditions to the

supervisor. Report any job related injury or illness

to employer & seek treatment promptly.

Occupational safety & health in the glob ILO – International Labour

Organization European Agency for Safety & Health

at work. OSHA – Occupational Safety & Health

Authority.

Negligence

An intentional breach of duty by the defendant that results in harm to another.

Plaintiff

Any person that brings a case to court.

A plaintiff must show that a defendant had a duty to not injure a person.

The plaintiff must overcome any defenses to negligence, liability raised by the defendant.

Duty

Basic idea of negligence – Every member of society has to conduct their affairs in a way that avoids injury to others.

Whether a person owes a duty to another person is determined by the courts.

Breach

A person is guilty of breach duty if they expose a person to a foreseeable unreasonable risk of harm, something the reasonable person would never do.

A violation or infraction as of a law, a legal obligation or promise.

Causation

Proves a direct link between the defendants negligence and the claimants loss & damage.

For these purposes liability in negligence is established where there is a breach of duty of care owed by the defendant that causes loss & damage and it is reasonable the defendant should compensate that loss & damage.

Res Ipsa Loquitur

The rule that an injury is due to the defendants negligence when that which caused it was under his or her control of management and the injury would not have happened had proper management observed.

Recklessness

When a defendants behaviour indicates a conscious disregard for a known high degree of probable harm to another, the defendant is guilty of recklessness.

In recklessness the risk of harm must be significantly greater than the degree of risk that would make an act negligent.

Strict liability

A person who participates in certain kinds of activities is held responsible for any resulting harm to others, despite the use of utmost care and caution. (liability without fault)

Eg: hazardous products, unruly animals, blasting or manufacturers of defective products.