Legal Thinking Assignment Example | Topics and Well Written Essays - 250 words

Legal Thinking - Assignment Example In inertial, the consistency in principle supposes that people are entitled to legal rights that follow from legislation and precedents that enforce coercion. Legal Interpretivism would be most useful for front-line supervisors. The reason is that legal interpretivism holds that there is no distinction between law and morals and that morality is non-existence outside of the law. As such, legal interpretivism is usually opposed to natural law theory and that it decides the morality of any situation. Like the constructivist style, interpretivists focus on integrity and thus looks to what best justifies the law as a whole. Legal interpretivism has some similarities with both natural law and legal positivism schools of thought (Venter, par. 7-14). Natural law has some basics rules consisting of fairness, justice and also equity that â€Å"positive† law ought to respect. On the other hand, legal positivism states that laws are created by human societies but were not discovered by nature and that they do not have any inherent connection to either justice or ethics. Therefore, legal interpretivism agrees that there is an external purpose for the law and that the law is a product of human societies. Due to the merger of the two schools of thought, legal interpretivism would be most suitable for supervisors since they would be following both positive and natural

Law Essay Example | Topics and Well Written Essays - 750 words - 3

Law - Essay Example Similarly, in CTN Cash and Carry Ltd v. Gallaher Ltd, the court ruled that the practical benefit accruing to the promisor constituted consideration for the additional payment.2 Moreover, in the Central London Property Trust Ltd V. High Trees House Ltd, The tenants relied upon the principle of estoppel against the landlord and prevented him from enhancing the rent.3 Furthermore, in Tool Metal Manufacturing Co Ltd v. Tungsten Electric Co Ltd, the Law Lords ruled that the promise was binding during the period of suspension, and that after furnishing reasonable notice, the owners could receive the compensation payments.4 In our case, the Idyllic Hotels Limited stood to realise a considerable profit, if the work were to be completed in time. At the same time, if there was any delay in the construction, the room bookings would have been cancelled, leading to considerable loss to Idyllic Hotels Limited. This practical benefit constitutes the consideration for extra payment. Exclusion clauses fall under the purview of the Unfair Contract Terms Act 1977 and the Unfair Terms of the Consumer Contract Regulations 1999. The Unfair Contract Terms Act 1977 renders businesses liable for violation or circumvention of statutory obligations, in the normal course of business. In Thornton v. Shoe Lane Parking the court held that the exclusion clause was not applicable, since the exemption clause had not been included in the contract. Hence, the company was held liable for the personal injury caused due to its negligence.5 In Hollier v Rambler Motors (AMC) Ltd, the latter’s attempt to evade liability by resorting to an exclusion clause was disallowed by the Court of Appeal, which held that the defendants were liable for any damage caused by fire, due to their negligence.6 The Vitus Equipment Hire Ltd had provided a defective ladder to Urban. The outcome