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INTRODUCTION
ENGLISH LEGAL SYSTEM
The common law legal system of England and Wales consists primarily of criminal and civil regulation, with each component having its own set of courts and proceedings.
England and Wales, Scotland, and Northern Ireland make up the United Kingdom's three main jurisdictions.
The common legislation is drafted by sitting judges, who draw on both statute law and accepted concepts derived from past court decisions. Equity is the other traditional source of judge-made law. Common legislation can be changed or repealed by Parliament.
Although the common regulation has traditionally served as the foundation and major source of English legislation, statutory legislation, which includes Acts of Parliament, regulations, and by-laws, is the most authoritative form of legislation. In the absence of statutory regulation, common regulation, which is based on judicial decisions, history, and practice, is the only surviving source of legislation.
In England, there is a hierarchy of sources, which is as follows:
- Common legislation and equity case law standards (derived from precedent rulings)
- Legislation (primary and secondary)
- Parliamentary conventions
- General etiquette
- Authority Books
Despite the fact that Scotland and Northern Ireland are both members of the United Kingdom and have Westminster as their major legislature, they have independent legal systems that are not governed by English legislation.
CONTRACT LAW
A contract is a legal method of a promise in its most basic form. It could be a promise to do or not do anything. A contract is formed when two or more individuals agree to something, with one of them typically making an offer and the other accepting it.
The opposing party has the right to seek legal recourse if one of the parties violates their agreement. The legislation of contracts evaluates whether a contract exists, what it means it has been broken, and the injured person is entitled to reparation.
There must be five fundamental characteristics for a contract to be enforceable. The following are the elements:
- Offer\s
- Acceptance
- Consideration
- Capacity
- Reasonable Intention
CONTRACT LAW EVOLUTION
Contract law is the result of the development of a corporate civilization. It will not be found in non-commercial societies in any substantial amount. Most primitive civilizations have other means of reinforcing individual commitments, such as through kinship ties or the power of religion.
Most transactions in a barter system are self-enforcing since both sides complete the transaction at the same time. If the products exchanged are later discovered to be defective, difficulties will occur, but they will be dealt with under property law, which has penalties for taking or spoiling another's property, rather than contract law.
The development of contract legislation on the Continent and in England began to diverge in the 12th and 13th centuries. The common law of contracts evolved pragmatically in England through the courts. The process was extremely different on the Continent, with speculative and systematic philosophers playing a much larger role.
During the twentieth century, legislation and changes in judicial attitudes encouraged a wide-ranging reform of 19th-century contract law. First, some sorts of non-commercial contracts were given special protection, and "contract freedom" appeared to favor large corporations.
Consumer contracts became known as "contracts of adhesion," in which no meaningful negotiation took place and most individuals were handed "take it or leave it" terms.