BUS201 Revision

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

BUS201 Revision:

 Foundation of law: the history of law links closely to the development of


civilization. Ancient Egyptian law dating as far back as 3000 B.C. contained
ma’at characterized by: Tradition, Rhetorical speech, Social Equality,
Impartiality.
 Arbitration: by 22nd century B.C. : summerian ruler ur-nammu formulated
the first code which was considered by casuistic statements (if…then)
around 1760 B.C. king Hammurabi developed Babylon law by codifying
and inscribing in stone, Hammurabi placed several copies throughout the
kingdom of Babylon as stelae, for the public to see, became known as Codex
Hammurabi. Most intact copy was discovered in 19th century by British
astrologists and was translated into various languages: (English-German-
French-Italian)
 Administrative law: the body of law that governs the activities of
administrative agencies of Government, Government agency action can
include: (Rulemaking- Adjudication- Enforcement of specific regulatory
agenda.)
 Law and equity:

-Law: body of rules which are regulated by Government and enforced by courts.

-Equity: set of rules which follow natural law and fairness.

-In court of Law: Defendants can be ordered to pay monetary damages.

-In court of Equity: If compliant wants to get back what is taken from him instead
of money the court can order the defendant to do so.

-Law: can order Writs.

-Equity: Can order Injunctions.

-In court of Law: case is heard by a Jury and a Judge.

-In court Of Equity: Only Judges can settle a case.


 Legislation: Is a law which has been intacted by Legislative or other
governing body or Process of Making it. Before an item of Legislation
becomes law it may be known as Bill and May be referred to as
“Legislation” while it remains under consideration to distinguish it from
other business. Legislation can have many Purposes: (To Regulate- To
Sanction- To Outlaw- To Authorize- To Declare- To Restrict- To Grant- To
Provide Funds.)
 Types of Legislation: In Parliamentary and Presidential systems:
(Primary: Delegated Legislation) and (Secondary: Subordinate Legislation)
are two forms of law created specifically by Legislative and Executive
branches of the government.
 Primary Legislation: Consists of Statutes Also known as ” Acts” that set
broad lines and principles but delegate specific authority to an executive
branch to make more specific laws.
 Executive branch: can issue Secondary Legislation, creating equally-
enforceable regulations and the procedures for implementing them.

 Hierarchy of Legislation: refers to the order of Legal rules and regulations


by degree from higher to lower depending on the issuing competent
authority. In enforcement of regulations and subordinate regulations. Also
includes: International Agreements whose rank in the hierarchy varies
according to the legal system, for instance, Egyptian Constitution assigned
agreements the same ranks as laws.
 Characteristics of Natural Person:
1. He must be a living Human Being, must be no monster.
2. He must be born alive to be ranked as a person in law.
3. (The Exception): Unborn person posses a legal personality; a child in his
mother’s womb regarded by legal fiction as already born has the capacity
to acquire certain rights and inherit property but the rights are contingent
‫ مشروطة‬on his being alive, counted as a living person living for purposes
and partition.
4. Must be regarded by the state as a person and must possess sufficient
status to enable him to possess rights and duties.
 Artificial Person: an entity created by law and given certain legal
rights and duties of a human being. It can be real or imaginary and
for purposes of legal reasoning is treated more or less like a human
being. Such as: a company- a corporation. Referred to as :
( fictitious person- Legal person- Moral person – juristic person –
Judicial Person. )
 Legal Capacity: Power provided under law to a natural person or
juridical person to enter into binding contracts and to sue and be
sued in its name.
 A Contract: Voluntary arrangement between two or more parties
that is enforceable at law as a binding legal agreement. (is a branch
of law of obligations in jurisdictions of civil law traditions.) –
(Concerns the rights and duties that arise from agreements.)
 Characteristics Of the Contract:
1. Legally enforceable promise made between two parties
2. Agreement that binds parties to contract.
3. 1.Parties can take action in court to force the other party to
perform their side of agreement.
4. Legally bound to carry out the duties and obligations.
5. Contracts can be written, verbal, and behavioral.
6. Contracts are essential part of business dealings.
 Acceptance: is person’s compliance with terms of an offer made
by other. –Offeree must be aware offer is made- acceptance must
be absolute and unqualified- if method of acceptance is stipulated
methods must be followed.
 Essential features of Employment Contract:
1. Contract of employment is an agreement between an employer
and an employee and is the basis of Employment relationship.
2. Most employment contracts do not need to be written to be
legally valid, but its better if they’re.
3. Contracts start as soon as an offer of employment is accepted.
4. Starting work proves that you accept the terms and conditions
offered by the employer.
5. Most employees are legally entitled to a written statement of
main terms and conditions of employment within two calendar
months of starting work; this should include details of things
like Holidays and Working Hours.
 Breach Of Contract: When a contract is intentionally
not honored by one party it is called a breach of contract,
and is ground for contract termination.
- Breach of contract may exist because one party
failed to meet his obligations at all or didn’t meet
his obligations fully.
- A material of breach of contract allows the hiring
party to seek monetary damages.
- For Example: If you purchased a product that
didn’t arrive until one day after the agreed delivery
date, that’s a material of breach contract.
- If your order didn’t come until two weeks after the
delivery date and it affected your business, then
that’s a material of breach of contract.

Best Wishes…

You might also like