296 Pages · 2.69 mb ·
Law
- The Challenge of Inclusion ………………………………….…. 1 (Page 4) - Textbooks and References …………………………………..….. 30 (Page 4) - The Challenge of Inclusion (Page 4) - Textbooks and References (Page 34) - acquire abroad view of the notion of law (Page 50) - understand that virtually everything one does each day, all the year always has some legal implication (Page 50) - explain the impact of law in many areas of life. (Page 50) - (i) ‘United Nations’ (Page 53) - (l) ‘Eighteen Years of Age’ (Page 53) - 7.0 REFERENCES/FURTHER READINGS (Page 62) - 3.2.3 Advantages and Disadvantages of Statutory Law (Page 63) - 3.3.2 Native/Customary Law (Page 63) - 3.2.3 Advantages and Disadvantages of Statutory Law (Page 66) - 3.3.2 Native/Customary Law (Page 68) - (a) Contrast with Municipal Law (Page 70) - In all three areas, therefore, legislature, police and courts, the international legal system is much less well-equipped than national legal systems. Not surprisingly, the United Nations and the international legal system generally are sometimes criticized as being ineffective, or not being ‘law’ at all. It is pointed out, quite rightly, that international law did not prevent the Vietnam War or the Middle East, Afghanian, Iraqis or Nigeria Civil wars. (Page 71) - 3.3 The Courts (Page 90) - 3.3.1 Magistrate Courts (Page 90) - 3.3.2 High Court (Page 91) - 3.1.3 Felonies and Misdemeanours (Page 131) - 3.1.4 Defendant and Accused (Page 132) - 3.2.1 Arrest and Charge (Page 132) - 3.2.2 Private Citizen Arrest (Page 132) - 3.2.3 Charging the Defendant (Page 133) - (a) First Court Appearance (Page 133) - (c) Criteria for Granting Bail (Page 134) - (d) Police Bail (Page 135) - 3.4Committal Hearing/Preliminary Inquiry (Page 136) - This is the practice whereby every criminal proceeding (except in a few situations) commences in the Magistrate Court. If the case is triable summarily, it goes no further them that court. But if it is an indictable offence, which is not dealt with summarily, such as murder or rape, then it goes through the committal stage/Preliminary Inquiry. (Page 136) - There is no general requirement in the Criminal Justice System for the defendant to advise the prosecutor of their defence. This is in contrast to civil proceedings where each party has to plead its or his/her case. (Page 137) - 3.9 Defence (Page 139) - 3.10 Interlocutory Proceedings (Page 139) - SECTION A Law of Evidence (Page 144) - 3.1 The Kind of Evidence (Page 144) - 3.2 The Amount of Evidence (Page 145) - 3.3 The Manner in Which Evidence is presented (Page 145) - 3.4 The Persons Who May or Must Give Evidence (Page 146) - 3.5.1 Arbitration (Page 147) - UNIT 1 CRIMINAL LAW (Page 155) - 1.0 Introduction (Page 155) - 1.0INTRODUCTION (Page 155) - 2.0 OBJECTIVES (Page 156) - 3.2 Criminal Liability (Page 158) - (a) Actus Reus (Page 159) - (b) Conduct Must Be Voluntary (Page 159) - (d) Mens Rea (Page 161) - 4.0 CONCLUSION (Page 165) - UNIT 2 TORTS (Page 166) - 1.0 Introduction (Page 167) - 3.1 Overview of Torts (Page 167) - 3.3.2 Elements (Page 171) - 3.3.3 Test/Indicative Factors (Page 172) - 3.4 Rules (Page 173) - 5.0SUMMARY (Page 173) - Duty of Care (Page 176) - (a) Foreseeability (Page 176) - Differentiate between the foreseeability and proximity tests in Negligence. (Page 178) - Re-examination of Proximity (Page 179) - Breach of the Duty of Care (Page 179) - Causation of Loss and Damages (Page 180) - SELF ASSESSMENT EXERCISE 2 (Page 181) - 3.2 Liability to Third Parties (Page 181) - 3.3 Negligent Mis-Statement (Page 182) - 3.4 Liability of Auditors (Page 183) - 3.6 Defences to Actions in Negligence (Page 184) - 5.0 SUMMARY (Page 185) - Perhaps at this point you need not be too concerned with the detail. In the context of negligence you should be aware of the role of tort law in compensating the plaintiff but also the need to ensure that the law is fair on the defendant. Against this background much of the development of negligence has been on finding ways of defining the limits to the right of recovery by the plaintiff. One way that this is achieved in negligence is the imposition of the objective test of the ‘reasonable person’. (Page 185) - Hand in hand with the elements are the legal tests for each element. These are important as the elements themselves for without them the elements are meaningless. Here, notice how the notion of reasonableness appears in the tests for the first, second and fourth elements although the tests are designed to achieve different aims. (Page 186) - 3.1.2 Defences (Page 189) - 4.0CONCLUSION (Page 193) - 7.0 REFERENCES/FURTHER READINGS (Page 194) - 3.2 Background to the Development of the Law of Contract (Page 197) - 3.2.1 The Notion of Agreement (Page 198) - 3.2.2 Laissez Faire (Page 198) - (a) Contracts of Record (Page 199) - (b) Contracts under Seal (Page 199) - 3.5.2 Possible Responses to the Offer (Page 206) - 3.5.3 Termination of Offer (Page 206) - 3.5.4 Revocation of Offer by Offeror (Page 206) - On 10 June Dodds made an offer to D to sell him a dwelling-house for £800: ‘This offer to be left over until Friday, 9 o’clock am, 12 June’ On 11 June Dodds contracted to sell the house to A. D heard of this from one Berry on the same afternoon. He nevertheless handed Dodds an acceptance of the offer at a few minutes before 9 a.m. on 12 June. Dodds said ‘You are too late. I have sold my property’. Dodds, by entering before 9am on 12 June. Dodds sell to A, showed an unequivocal intention to revoke his offer to sell to D. This revocation was communicated by B to D before D had accepted. There was therefore no contract between D and Dodds. Notice of the revocation was good, although it was communicated by a third party, B, and not by Dodds himself. (Page 206) - 3.5.5 Rejection of Offer by Offeree (Page 207) - 3.5.6 Lapse (Page 208) - (b) Death of Offeror (Page 208) - After Acceptance - contract already formed (if all three elements present). (Page 208) - 3.6 Acceptance of Offer (Page 209) - 3.7 Approach to Problem on Agreement (Page 211) - 3.7.1 Point-Form Approach (Page 211) - 3.7 Promissory Estoppel (Page 215) - 3.2.1 Social or Family Agreements (Page 217) - 3.2.2 Business or Commercial (Page 217) - (Page 218) - SELF ASSESSMENT EXERCISE (Page 219) - 3.4 Existing Public or Legal Duty (Page 222) - 3.5 Existing Contractual Duty (Page 223) - 3.6 Plaintiff in Contract with Third Party (Page 225) - 3.7 Promissory Estoppel (Page 225) - CONTENTS (Page 233) - 2.0 OBJECTIVES (Page 234)