RESEARCH BACK UP

INTRODUCTION At first glance, you may be wondering why there is a segment on criminal law in a course, which has as its primary focus the study of civil law, especially in a business context. The reasons for including criminal law are various but it was felt that some understanding of the criminal justice system is useful for citizens in general also, there is a clear relationship between business and crime. The increase of ‘white collar’ and computer crime is one fact of this. Another reason for this study is the fact that there is considerable overlap between the criminal and civil law system. Two examples of this. If a person assaults another then they will be dealt with in the criminal courts and may be sued in a civil court for damage for the injuries suffered. In company law there are many examples where a director who contravenes a provision of company law may be liable for a fine or imprisonment and may also be liable to compensate a person who has suffered loss as a result of ...

What are Terms of the Contract?-Terms or Representations Once a court has decided as matter of evidence, what statements (oral or in writing) were made by the parties, the next step is to decide what is the legal effect of each statement. In deciding this question the courts ask whether the statement is part of the contract (and therefore binding) or are they outside the contract. To be contractually binding they need to be promissory in nature in which case they are called terms of the contract. Otherwise the statement while designed to induce or encourage the other party to enter the contract, does not form part of the contract and are not legally binding. These statements are called representations or ‘mere’ representations. Say for example, A sells his business to B. The price, what stock, is included in the price, when B is to take over the business are all terms of the contract. Suppose though that in the course of the negotiations A said to B ‘I’ve been in this business for 10 y...

INTRODUCTION Tort Law concerns the civil liability for the wrongful infliction of injury by one person upon another. Its objects are monetary compensation or damages. The problem with Tort is that there is no single principle of liability. It is not also the sole sources of monetary compensation for harm. Furthermore, the same harm which is the basis of tortuous liability can in some cases be pursued through the criminal justice system. You need not be perplexed. We are not going into detailed study of law of tort. However, we shall discuss some key topics or specific torts like negligence, defamation etc, and conclude by reference, to vicarious liability, defences and remedies. Overview of Torts By now you would have had some appreciation of the difference between torts, crimes and contracts. Can you attempt to enumerate those differences without reference to the study guide? It will be realized that, like all other areas of law addressed in this course, it is not possible to do more ...

INTRODUCTION Negligence as a separate tort emerged only in the 19th Century. Prior thereto, it was basis of other action like nuisance and trespass. It was subsumed under the action on the case. With the growth of science and technology and mechanical inventions and increase in negligently inflicted injuries, coupled with abolition of forms of action, negligence became a separate tort with its distinct form of principles. Today, it is the most important tort. Street has noted that more people suffer damages from careless acts of others than from intentional ones. Rereprectably, it is not the law that a person suffering damages as a result of careless conduct can sue in tort. The reason is that careless acts do not necessary constitute the tort of negligence. According to Lard Wright, “negligence, in strict legal analysis means more than headless or careless conduct, whether in omission or commission: it properly connotes the complex concept of duty, break and damage thereby suffered by...

Parol Evidence Rule (PER) The general patrol evidence rule is that extrinsic evidence is unadmissible to add to, vary, or contradict a written document where a judgment, contract, disposition of property or other transaction is wholly written then no oral evidence will be admitted to vary or expand the terms of the written document. So it is not permissible to call witnesses to give evidence of an oral promise. An example of the PER would be if a person (the vendor) agreed to sell their business to another (the buyer) and at the end of the negotiations they signed a contract completely covering the agreement. Suppose in the course of the discussions the vendor gave certain verbal assurances to the buyer about the turnover of the business then unless those assurances were placed in the written contract, no evidence could be called by the buyer about them/ accordingly, the buyer would be limited to whatever the written agreement contained. Quite frequently to make certain the general rul...

Definition of Terms Before examining the operation of precedent it is important that you understand the following terms: Res Judicata: a decision handed down by the court is conclusive as between the parties to a case unless it is reversed on appeal. The decision binds the parties and the case and the case cannot be re-opened. The policy behind this rule is that there should be finality in litigation. Res Judicata applies even if fresh and relevant evidence comes to light after the case has been decided. One exception to this rule is that certain criminal matters may be re-opened by the way of appeal by the accused if that person can produce new evidence. Ratio Decidendi: means ‘the reason for deciding’ or the principle or statement of law (not statement of fact) upon which the decision in a particular case is based. We shall look in greater detail in this concept later in this unit. Obiter Dictum: means a saying by the way. It is a principle or statement of law (not statem...

INTRODUCTION Contracts are entered into by each of us on a daily basis. Some of the contracts are longstanding, for example a contract of employment; some are of very short duration such as the purchase of a piece of fruit or a meal but they all have the same features of a contract. One very common mistake people make when speaking of contracts is to assume that a contract means in law a written contract. They assume that if the agreement is not in writing no legal rights flow. This is quite wrong. Most legally binding contracts arise orally and they are no less enforceable than written ones. Of course it is an easier task to prove a written contract because you can point to the particular clauses which favour you and allow the words to speak for themselves. On the other hand, with oral contracts the court has to rely on the recollection of conversations by the parties which may well vary on a particular point. The difficulties with oral contracts are more a matter of proof than of the...