Law notes

1
Law notes
2
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.

3
Sources of law

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

4
Hierarchy of laws

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

5
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.

6
Civil law

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

7
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.

8
Private law

• Law that effects matters between individuals,
  people, groups of people or companies.
• Contract
• Family
• Tort
• property

9
Civil law

• Focuses on compensating protecting the victim.
• Regulates rights, duties liabilities between
  individuals.
• Eg
• Contact
• Family
• Property

10
Criminal law

• Concerns duties which individuals owe to the
  state.
• Usually leads to punishment.

11
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.

12
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.

13
Types of contracts

• Voidable contracts A contract that may be
  canceled by one or both parties.
• Void contracts Lacks one or more basic
  requirements for a contract. Such as agreement
  has no force or effort.
• Express contact Parties have directly stated
  the terms of the contract oral or written.

14
Types of contracts

1. Implied contract When surrounding facts and
   circumstances indicate an agreement has been
   reached, an implied contact is created. Eg
   dentist visit.
2. Executed A contact is executed when all
   parities have fully performed their duties under
   the contract.
3. Executory contract - As long as the contract
   has not been fully performed its executory.

15
Offers

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

16
Intent

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

17
Test

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

18
A binding offer should include

• Clearly stated terms.
• Intention to do business.
• Communication of that intention.

19
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.

20
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.

21
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).

22
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.

23
Communication of acceptance

• Unilateral contract/bilateral contracts.
• Bilateral contacts A promise for a promise.

24
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.

25
Voluntary consent

• An agreement must be made voluntary to be
  enforceable.

26
Parties duty of care

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

27
Misrepresentation

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

28
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.

29
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.

30
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.

31
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.

32
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.

33
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.

34
Typical labour law (labour contracts) has three
sources

1. 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.

35
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 Dont reveal
   confidential information.

36
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
3. Direct treats a woman less favorably than would
   treat a man on ground of sex.
4. Indirect A provision detrimental to a large
   proportion of woman than man (beard).
5. 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.
6. Racial discrimination Colours, race,
   nationality, ethnic or natural origin.
7. Disability discrimination Eg HIV, multiple
   sclerosis and cancer from point of diagnosis are
   included.

37
Rights of workers

1. Guarantee payments.
2. Right to payment when absent for medical reason.
3. Right to payment when absent because of public
   duty.

38
The choice of a legal company

• Legal liability
• Freedom of action
• Tax liability
• Tax rates
• Transfer of ownership

39
Different types of business organizations

• 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.

40
Different types of business organizations

1. Limited partnership A partnership formed by at
   least one general partner and at least one
   special partner.
2. 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.

41
Different types of business organizations

• 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.
• 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

42
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.

43
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.

44
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.

45
Occupational safety health in the glob

• ILO International Labour Organization
• European Agency for Safety Health at work.
• OSHA Occupational Safety Health Authority.

46
Negligence

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

47
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.

48
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.

49
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.

50
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.

51
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.

52
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.

53
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.