THE ENGLISH LEGAL SYSTEM

The Common Law and Equity.

The Classification of Law

Common law and civil law: Common law and equity: Common law and statute:

1.Private and Public Law 1.Criminal and Civil Law Carlill v. Carbolic Smokeball Co R v Steane Parliamentary Sovereignty

The English Court System

Superior and inferior courts First instance and appeal courts Civil and Criminal Courts Courts of Common Law and Equity. The Supreme Court

The Court Hierarchy

Sources of Law
Legislation Case Law Custom European Law

Legislation
Delegated Legislation

Case Law
Precedent Binding

European Law the European Coal and Steel Community (ECSC). o the European Atomic Energy Community (Euratom) o the European Economic Community (EEC) o the Treaty on European Union (Maastricht)

The Commission The European Parliament The Council of the European Union The European Court of Justice

European Legislation
regulations directives decisions

Judicial and Binding Precedent

Stare Decisis Ratio Decidendi. Obiter Dictum,

Composition of a judgement
outlines the relevant facts found proved in the evidence applies the law to these facts arrives at a decision gives the legal reason for the decision (ratio decidendi).

Court Hierarchy for the Purpose of Precedent

The Supreme Court Practice Statement The Court of Appeal division)

(civil

Avoiding Precedents
Avoiding Precedents reverse override distinguish

 Forthesakeofaccuracy,itisimportant tonotethatajudgeDISTINGUISHESon theFACTS,butREVERSESOR OVERRULESthedecisionorjudgment ofLAW. Distinguishing does not affect the validity of the precedent of the previous case. It is merely felt not to be relevant law on the given facts.

Donoghue v Stevenson [1932] AC 562

destroyed the privity fallacy A new category of duty was created: This is the ratio of the case. Obiter dicta neighbour test

 Thelawofobligations An obligation is a tie of law, by which we are so constrained that of necessity we must render something according to the laws of our state. Justinian, Institutes, 3.13.

 Private law Obligations are obligations owed by particular members of the public to other particular members of the public, such obligations being exclusively enforceable by the persons to whom they are owed. Cf. public, constitutional and political obligations Cf.Criminal law

 The same set of facts may give rise to both a public and private obligation. If X drives his car negligently and injures Y then X could be prosecuted by the state for a criminal offence and sued by Y for negligence. The purposes of the actions are different. The criminal action is brought to punish Y and deter him from similar conduct. The civil action is to compensate X for his injuries.

Why common law obligations?

Common law and civil law Common Law and Equity

Howmaywecategorisethe commonlawofobligations?
obligations which are voluntarily assumed or self-imposed. This category developed as thelawofcontract which is broadly concerned with the enforcement of promises. Each party to a contract undertakes or promises to do something and the expectations thus engendered by such promises should be fulfilled - should be binding.

 e.g. X promises to sell 100 tons of tomatoes to Y at 50 per ton on the 1st March . This is a binding contract and if X does not deliver the goods on the set date he is liable in damages to Y for breach of contract. The reason that an obligation is imposed on X is his promise. A voluntarily assumed obligation.

 Obligations which are imposed on the individual by law - i.e. the principle that compensation must be paid for the wrongful infliction of harm. This principle is reflected in thelawoftort. The law of tort is, therefore, concerned with common law wrongs other than breaches of binding promises.

 X drives his car negligently and runs over Y. X has committed a wrong (the tort of negligence) and Y can sue for damages. There are no promises or contracts involved here but there is a duty imposed on drivers to drive to a certain standard.

 An obligation to reverse unjust enrichment. This principle is operated by thelawof restitution. The basic principle on which restitution is based is that A should not be unjustly enriched at the expense of B. The elements to be satisfied are that i)one party must have obtained a benefit ii) at the expense of the other, and, iii) it would be unjust to allow that benefit to be retained.

 eg.: Due to a computer error Ts employer pays T 100,000 for the month of June instead of 1,000. T keeps the money and when the mistake is discovered in July T refuses to repay the overpayment. Ts employer can bring an action in restitution for the recovery of the 99,000.

WhichinterestsareProtected InterestsundertheCommon LawofObligations?

The EXPECTATION INTEREST: the principle of fulfilment of expectations engendered by a binding promise traditionally said to be the interest protected by the law of contract. Damages are calculated so as to put the plaintiff in the position she would have been in had a contract been fulfilled (including loss of expected profits);

 e.g. X contracts to supply Y with a machine on the 1st March . In breach of contract X is 3 months late in delivering the machine. Y is entitled to be put into the position he would have been in had the contract been performed - by an award of damages. If Y would have made 5000 per month profits by producing goods on the machine, Ys expectation interest is satisfied by an award of damages of 15,000.

 The STATUS QUO or RELIANCE INTEREST: the principle of compensation for wrongful harm. Traditionally said to be the interest protected by the law of tort. If A wrongfully harms B, then A must compensate B. The aim of the compensation is not to fulfil Bs expectation but to restore B to the position she was in before the harm/accident occurred - i.e. to restore the status quo.

 e.g. X drives his car negligently and crashes into Ys car causing 2000 pounds worth of damage. Ys status quo interest is protected by an award of 2000 in damages. This restores Y to the position he was in before the wrong was committed (the status quo ante).

 The RESTITUTION INTEREST: the principle of reversing unjust enrichment which is protected by the law of restitution (i.e. requiring the D to disgorge the value of a benefit gained at the claimants expense).

Howcleararetheabove divisions?
White v Jones [1995] AC 207 Solicitors (the Defendants) to prepare his will, which was to include gifts of 9000 to each of his daughters, (the claimants). Undue delay in drawing up the will and the man died before the will was drawn up. The claimants recovered sums of 9000 each from the Defendants in an action in thetort of negligence for the unnecessary delay in

 MULTIPLECHOICE Which of the following statements is not true Criminal law is a branch of public law The English Parliament cannot change laws The highest court in England is the House of Lords

 Which of the following statements is not true European law is not a source of English law Case law is a source of English law Legislation is a source of English law

 Which of the following statements is not true English courts use a system of binding precedent The legal reason for a courts decision is known as obiter dictum Decisions of the House of Lords bind all other courts in England