Table of Contents

Question 1:......................................................................................................................3
Question 2:......................................................................................................................3
Question 3:......................................................................................................................5
Question 4:......................................................................................................................6
Question 5:......................................................................................................................8
Question 6:......................................................................................................................9
Question 7.....................................................................................................................11
Question 8:....................................................................................................................12
Question 9:....................................................................................................................12
Question 10:..................................................................................................................13
References....................................................................................................................13
Question 1:
The UK used to have 4 sources of laws, which are: Legislation/Statutes, Case law,
European law and European Convention of Human Rights (ECHR).

The phrase "legislation," often known as "statute law," refers to a country's written
laws. Legislation in the United Kingdom typically refers to Acts of Parliament,
although it also covers laws enacted under the authorities given by Acts of Parliament
in its fullest meaning (Subject Guides: Law: UK Law, 2021). Legislation is also used
to describe the process of making a new law (ref). Next, the fundamental source of
law that creates the notion of precedent in the English Legal System is case law
(judge-made law or precedent), which is published in law reports (Subject Guides:
Law: UK Law, 2021)

After Brexit, the consequence is pretty clear that the UK had to stop applying
European law, however, ECHR is still applied until now. Unless the terms of any
departure or post-Brexit arrangement (such as EEA membership) mandate otherwise,
the UK will no longer be subject to the EU Treaties upon conclusion of the exit
agreement or the expiration of the two-year period (unless extended) if earlier
(Heywood, 2021)

In the future, the UK will not be required to comply with any EU regulation. In
practice, however, the UK will continue to be bound by several EU regulations for a
long time due to its reliance on them. Pro-Brexit supporters claim that leaving the EU
will result in a huge decrease in bureaucracy and the restoration of British sovereignty.
Brexit, on the other hand, is likely to have extraordinarily complex legal repercussions
and uncertainty in the near to medium term, particularly in the legal sphere.

The Human Rights Act is still applied since it’s being applied globally and it cannot
stop its impact on the UK law.
Question 2:
Laws are rules that are made to be obeyed by everybody. In UK and lots of other
countries in the world, no one is above laws or has the rights to be against laws. New
laws are made annually, and they are made by the Parliaments. A bill is the name for a
proposed new law. Before becoming Acts of Parliament, which form our laws, bills
must be agreed to by both Houses of Parliament and get Royal Assent from the Queen
(How are laws made in the UK?, 2013). The House of Parliaments includes the House
of Commons and the House of Lords.

The House of Commons, usually known as the Commons, is the bicameral British
Parliament's publicly elected legislative chamber. It is not the higher house, but the
power of Commons is more dominant than the other (House of Commons | British
government, 2021The House of Lords, on the other hand, is the higher chamber of
UK’s bicameral legislature. As high as it seems, the powers this House hold is actually
very limited (House of Lords | British government, 2021). The Lords’ main roles are
making and shaping laws, and although they are separated from the Commons, they
complement the others’ work. Moreover, they examine and challenge the
government’s work (What the Lords does, 2021).

The law-making process starts with the Bill introduction, via First Reading, (How are
laws made in the UK, 2013). which can be considered as an official announcement
that a Bill is going to be proposed and its content. The Bill can be proposed by
Government Minister or Private Member. After that comes the Second Reading,
where the principles are now being debated on the House floor, and there are no
amendments to the Bill. The Bill is then examined carefully. The Bill is then studied
by a standing committee, section by section, and may be changed, with the House
acting as a committee. The updated bill is now presented to the House for additional
discussion, revisions, and adoption in the Report Stage, and is then debated further
and voted upon by the House. The Third Reading comes last. The House of Lords is
then responsible for the Bill. The Bill is forwarded to the Queen for Royal Assent
once it has passed both Houses. The Bill becomes an Act of Parliament if it receives
Royal Assent. It is now the rule of law in the country.
Nonetheless, the function of "Courts" in the United Kingdom relates to the act of
binding precedents that follow predetermined aims or earlier precedents that occurred
during comparable situations in the past. The concept of "Precedents" can be divided
into two categories: "Binding Precedents" (in which higher court decisions are obeyed
and followed by lower courts in the same manner, excluding lower court
disagreements) and "Persuasive Precedents" (in which lower courts can make
decisions based on actual cases and reasons without necessarily adhering to the higher
court's mind set). The Court of Appeal, which oversees the Criminal Division and
Civil Division, is regarded the second highest court in England, with the authority to
bind all criminal and civil courts that fall under it. The Supreme Court, which was
founded in 2009, is the highest level of the system. It has the ultimate authority to
authorize other courts and to make their own decisions.

The Cabinet's role is to handle Green papers, which may be thought of as consultation
documents with the objective of establishing discussion points for in- and out-of-
Parliament departments. The government may propose new policies and legislation
via the publication of a White Paper outlining the concepts that will underpin the draft
Bill. While enforcing the legislation, the government may discover anomalies in the
Bill and suggest revisions. Additionally, they are responsible for enforcing secondary
law, which is entrusted to them by a Parliamentary Act. It is used to flesh out Acts
(primary legislation) by providing practical means to guarantee that the law is
implemented and applied in daily life. Cabinet's last responsibility is to declare
delegated legislation, which, as a result of Parliament's authorization, gives Cabinet
the ability to create legal papers and instructions for statute execution, which has a
greater influence on local governments

Question 3:
The Right to Repeat performance is Article 55 of Consumer Rights Act in 2015
(Consumer Rights Act 2015, 2015). According to clause 1, it is the right to require the
trader to perform the service again, to the extent required to execute its work in
accordance with the contract.
The trader – the catering service, requested Selena – the consumer, to allow them to
repeat performance based on this Article. According to the clause 3 in the article, it is
essential that the trader provide the service within a reasonable time and without
considerable inconvenience to the consumer. It is clear that the party had already
ended when the catering service arrived, meanwhile the purpose of the service is to
provide buffet for everyone who joins the party, therefore it is not a reasonable time
for them to repeat performance. Moreover, if they are allowed to do so, it can cause
big convenience for Selena since she already had plan to move to another city the next
day.

Another very important point is if finishing the service in accordance with the contract
is impossible, the consumer cannot demand repeat performance. The catering service
came 4 hours late, which was in breach of contract. If Selena wants to repudiate
contract, she has to prove that the breach is in conditions, not warranties. In order to
see whether she can repudiate contract, two law cases will be applied.

The first case is Poussard v Spiers (1875) (Law Teacher, 2013). Poussard was an
opera singer and was contracted by the defendant to perform in a period of three
months. It was stated that the performance would be launched on the 28 th of
November, and the Claimant did not object. However, Poussard fell ill and was unable
to sing for the first three days of the opera. Another singer was hired by the defendant
to cover for her. When the Claimant recovered, she was refused to take up her position
in the performance by the Defendant since failing to show up on the performing day
was amounted to a breach of a condition in the contract, therefore the Defendant can
rescind the contract.

According to the case, if the breach is of a condition, the innocent party is free to
repudiate the contract. Thus, Selena cannot allow a repeat performance, and she can
rescind the contract and claim damage.

Question 4:
Transtars v Grand Cars
Transtars- a transport company, hired Grand Cars to accomplish the shipping contract
because the Grand Cars claimed that its lorry’s load capacity is 360 tons. However.
the director misrepresented the capacity, and after knowing that, Transtars sued Grand
Cars.

Misrepresentation is transforming wrong information, which causes serious effect on

the contract (Misrepresentation Act 1967, 2015). There are two types of
misrepresentation: fraudulent and negligent.

Before determining what type of misrepresentation that Grand Cars made was, we
shall take a look into the Howard Marine & Dredging Co Ltd v A Ogden & Sons Ltd
case (1978) (Law Teacher, 2013). A was hired by H for two ships to carry clay out to
the sea, and A represented that the capacity of the ships is 1600 tons. The actual
capacity was remarkably lower but A did not check the figure again and continues
negotiations. 6 months later, A received data about the correct capacity and paid
20,000 pounds for the hire, however, H claimed for the remaining hire charge amount.
It could be seen that there was no warranty agreed initially, and the misrepresentation
did not cause a major problem. Still, H was found liable for a breach of duty under the
Misrepresentation Act 1967.

Negligent means telling the wrong fact but the representative is not aware of the
inaccuracy, at the same time, he/she does not have enough valid reasons to prove that
they believed the fact was right instead of wrong. On the other hand, fraudulent
expresses that someone involves deception on purpose. Grand Cars argued they
obtained the information from a report published in a professional journal in
transportation field, but they still have correct data from origin technical specification.
Grand Cars could totally have checked again more carefully yet they knew nothing
about the inaccuracy, so the misrepresentation here is negligent, according to the act
itself and the case mentioned.

The consequence is clear, according to section 3 chapter 7 of Misrepresentative Act

1967 and the case mentioned, Transtars can win the case and can repudiate the
contract. Moreover, they are free to make up for damages based on what Grand Cars
commited in the contract.
Question 5:
In this case, it is important to point out who the primary, secondary, involuntary
victims are, and who can claim damages successfully and be given compensation.
Belinda was physically injured (and perhaps mentally too), Matthew and Jessica
suffered from nervous shock, and Tom was not physically injured. They all sued High
Heavens for damages.

In Belinda’s situation, she was clearly the primary victim, being injured both
physically and mentally. She can gain compensation for damages easily because of
being a primary victim. According to Page v Smith case in 1996 (Law Teacher, 2013),
when C (the Claimant) claimed damages for personal injury caused by the negligence
of D (the defendant), and the Court of Appeal stated that C’s injury was not
reasonably foreseeable, which means C can get compensation undoubtedly; Belinda’s
case is pretty similar. Her accident was reasonably foreseeable too hence she can
successfully claim her damages for her physical and mental injury.

With Jessica’s situation, it can be stated that Jessica was the secondary victim, which
means she was not directly involved but she can still asked for damages claiming.
According to McLoughlin v O’Brian (1982) case (Law Teacher, 2013), where the
claimant learned that her youngest daughter had been killed and she suffered from
severe shock by what she heard and saw, Jessica was the secondary victim that could
absolutely claim the damage successfully.

For Matthew’s situation, Dooley v Cammell Laird case in 1971 (Law Teacher, 2013)
should be applied to see if he could claim damages successfully. In the case, the
claimant was not injured but had to suffer from nervous shock since he witnessed the
near-death that he believed to happen to his colleagues. He was traumatized and could
not return to work ever again, so he brought an action in negligence against the
defendant. Matthew was similar to the claimant, he suffered from nervous shock, and
he was an involuntary victim, which enables him to claim damages.
Last victim is Tom, one of the people on the cabins, who suffered from no physical
injury and even became the rescuer. In order to claim damages, the case of Chadwick
v British Railways Board (1967) (Law Teacher, 2013) will be discussed to prove that
Tom is qualified to be a primary victim. Chadwick (the claimant) was informed about
the rail crash that was only 200 yards away from his house, and he immediately ran to
the scene to assist, although he was not involved in the crash. After staying there
throughout the night, he suffered from serious psychiatric damage due to the
experiences he had and lost the ability to work. He suffered harm as a consequence
from the accident, therefore the defendant owed a duty of care. Tom volunteered to
help save the victims too and he was very likely to also suffer from mental injure,
hence he can claim damages from the defendant.

Question 6:
The name of a company is extremely important since it indicates the company's
purpose. For starters, it is permissible for a sole trader to operate under their own
name or adopt a different name for their firm without having to register. They can
trade under the names of the partners or a business name if they form a partnership.
The letters LLP and LP will be added to the end of the names of Limited Liability
Partnerships and Limited Partnerships, respectively. In the same way that each sort
of company has a distinct acronym at the end of its name, if it's a private company,
it'll be "Ltd," and if it's a public company, it'll be "plc." These acronyms serve as an
indication of business form, allowing each business’s legal entity to be easily and
publicly identified. These abbreviations serve as a business form indicator, allowing
the legal entity of each company to be simply and publicly identified.

Any gains your firm produces as a sole trader will be subject to income tax. Each
year, you must complete a self-assessment tax return that details your income and
spending. The sole trader also has to register so that the HMRC know about their
new business and expect a tax return from them every year.

A partnership, like any other business, must register with the IRS and meet its tax
obligations. The application process for each is, however, slightly different. General
Partnerships are simply required to choose a chosen partner, but Limited
Partnerships and Limited Liability Partnerships (LPs and LLPs) must have a
registered address in addition to registering with the Company (including
registration with the tax authorities). An LLP must include information about at least
two people with substantial control (PSC) as well as an LLP agreement defining
how the LLP will be administered, whereas an LP just has to name general and
limited partners.

When creating an LLP, all of the stages are likewise necessary when filing for a
company. A company's registration also necessitates the disclosure of information
about its directors and stockholders. The Memorandum or Articles of Association, as
well as a description of capital and initial ownership, are required.

Sole Trader provides all of the initial cash; this is a bank loan secured by a single
business employee's house acceptance (Adams et al., 2020). Because sole traders are
individually accountable for all of the firm' debts, Corporate Debits can claim to
safeguard them from bankruptcy.

Partners, like Sole Traders, usually finance their contributions with a bank loan and
are individually accountable for the company's obligations. Trading shares on
exchangeable securities is a simple way for public companies to raise funds.
Meanwhile, as previously indicated, a private corporation is not permitted to sell its
shares to the general public in order to obtain funds. Instead, they may only raise
funds for their firm from company members, family, and friends.

A Memorandum of Agreement (MOA) is a written agreement that details the manner

in which the various parties involved in a project will work to accomplish agreed-
upon goals and objectives. It is more formal than a verbal agreement but less formal
than a contract. Organizations may utilize a MOA to create and specify collaborative
arrangements such as service partnerships or agreements for technical support and
training. Whether or not funds will be exchanged as part of the agreement, a
memorandum of understanding may be used. Typically, the elements of a
memorandum of agreement include the following: name clause, circumstance clause,
purpose clause, liability clause, capital clause, and subscription clause. Without a
valid business name or a name that is distinguishable from the name of another
company, a business cannot register. Additionally, the name of the state in which the
registered office of the business is located must be given. Additionally, the MOA must
contain information regarding the company's main and secondary purposes, as well as
the members' obligations. Additionally, the full capital of the business must be
mentioned. A MOA often includes information on subscribers, shares acquired by
them, and witnesses.

Question 7
KwicPic is a limited partnership, which implies that it is not a separate legal body.
According to Keenan & Riches in 2009, partners are equally and severally
accountable for any obligations and liabilities incurred by the partnership, including
negligence responsibility, even if the carelessness was purely the result of one
partner's activity. Because George in this case represented the whole partnership of
KwicPic, the creditor had the right to prosecute all members of the partnership for tort
and breach of contract. The responsibility extends to the partners' own assets, and
since they are jointly liable, they might agree on a method of compensating the
creditor for its losses. In this situation, Kwicpic will be treated as a distinct individual
and will be held accountable for the gaps created by George. As a consequence, it will
use its own assets to reimburse third parties for their losses. If the company's assets are
inadequate, George will be personally liable for any leftover harm, since he
undertakes to personally return the artwork to the purchaser.

A limited liability partnership (LLP) is a legal entity that carries no personal liability.
Its members may be required to contribute to its assets in the event of its dissolution.
The LLP, not its members, will be held liable; nonetheless, a reckless member's
personal assets may be jeopardized. According to Section 6 of the Limited Liability
Partnership Act 2000, "a member of an LLP is liable to any person (other than another
member of the LLP) as a result of a wrongful act or omission of his in the course of
the LLP's business or with its authority, the LLP is liable to the same extent as the
member." This regulation exempts other members from personal liability."
To conclude, if the company is an unlimited partnership, it lacks a legal identity and
assets, making all of the partners liable for any debts or losses, even if one individual
is to blame. The corporation is recognized as a separate legal entity with its own assets
and unlimited liabilities if it is a LLP. Only if the asset is inadequate to cover the cost
of the injury will the member at fault be held liable to compensate the creditor.

Question 8:
A general meeting is a gathering of all members of a corporation at which significant
decisions are taken, such as reducing the share capital or altering the accounting
period. As a consequence, the shareholders, who have the right to attend and vote at
general meetings, have the authority to resolve the company's most serious issues.
Shareholders elect the Board of Directors, which appoints the corporate Officers, who
often include a President (CEO), Secretary, Chief Financial Officer, and Chief
Marketing Officer. Because Directors and Officers are chosen by Shareholders,
Shareholders make the ultimate decision in a business.

Shareholders have the right to suggest resolutions for the firm's decision-making
process, as stated in section 338 CA 2006, although the procedure is only legitimate if
the invitation was delivered at least 28 days prior to the original meeting. Due to the
basic role of being a legal document that may be utilized as part of the decision-
making process, the written solution can demonstrate beneficial effects in many
circumstances. On the other hand, the disadvantages are still present and might be
overlooked. When the shareholders approved the document, it became valid as well.

Question 9:
The Supreme Court of UK is divided into 2 aspects of Criminal and Civil. It can
clearly be seen that this case is non-criminal, so the Civil Court is the one to solve the
case. To be specific, the County Court will solve cases with low level of complication,
hence it will be the judgement for this case.

The case steps are:

 1. Letter of claimant: Prior to the trial, Company A must write a letter to
Company B informing them of their intention to commence proceedings. It is
encouraged that they provide as much information as possible to elicit a
response from Company B.
2. Issue of claim: Court claims are initiated with formal documents that outline
the case in a specific manner
3. The response from Defendant: If Company B thinks they have a claim against
Company A, they can file a Counterclaim.
4. Tracking: The case's track is separated into difficulty levels. In this instance.
Because the contract is valued more than £25,000, it will be allocated to a
multi-track system, and the case may take up to 1-2 years to reach the Court.
5. Interlocutory stages: The judge will determine the case’s directions for both
parties to know.

Question 10:
Online dispute resolution, or ODR, is a term that refers to a virtual platform that
connects parties that are geographically separated without actually meeting. The ODR
system utilizes real-time data and a variety of tools to meet the needs of users within
the courts.

ODR provides cost and convenience advantages owing to its basis in online
networking with adaptive flexibility to meet the goals for which it is used (Herrmann,
2005), but on the other hand, technological adaption and language barriers may keep
this technology from becoming familiar (Herrmann, 2005). The functions that ODR
provides are huge, and it may be used in a variety of situations such as negotiation,
financial concerns, and so on.
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Keenan, D. and Riches, S., 2009. Business law. 9th ed. Harlow: Pearson Education
Ltd.