understanding of the Sources of Laws of Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules and principles which constitute the law applicable in a country
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become a new law and becomes a legal precedent‚ a judicial decision that may be used as a standard in subsequent similar cases. Legal precedent led to the common law doctrine known as stare decisis. This basically means that once a court has set a legal precedent for a particular case‚ a similar or like case must prompt the identical response from the same court or lower courts in that jurisdiction. “Therefore‚ judges are obligated to follow the precedents established in prior decisions based
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debtor does rely on it‚ the debtor may have a defence of promissory estoppels when sued for the balance by the creditor. The promise will in this way‚ be enforced despite the absence of consideration to support it Promissory estoppel is an equitable doctrine which in some instances can stop a person going back on a promise which is not supported by consideration Consideration: a contract between 2 parties gaining something form an agreement It is the price for which the promise of the other is bought
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Business Law Sample CASE STUDY SITUATION GO FAST is a motorcycle manufacturer in the southern United States. Though sales have been steady‚ profits have declined because of increasing operational costs. The Board of Directors felt a fresh look at the operations side was needed. They developed a 5-year plan to increase operating efficiency and set out to find someone to lead the effort. Four months ago‚ GO FAST found what they saw as “the person” to be the new operations director and develop a
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COMMON LAW Definition The law which English courts applied as developed through the principles of precedent without reference to legislation passed by parliament. Historically from England‚ but note the key date of 1972‚ in view of changes from joining the European Community Describing its nature Centrality of the judiciary - their decisions constitute the written law ( maxims‚ precedents‚
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Singapore Court structure.It hears appeals from the decisions of the High Court in civil and criminal matters.The Chief Justice and the Judges of Appeal sit in the Court of Appeal.It is usually made up of three judges.The decisions of this Court are binding are on all other courts and the decisions made by this court cannot be challenged. The High Court comprises of the Chief Justice and the Judges of the High Court.All the proceedings in the High Court are carried out in front of a single judge.The
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Common law versus civil law systems The two principal legal systems in the world today are those of civil law and common law. Continental Europe‚ Latin America‚ most of Africa and many Central European and Asian nations are part of the civil law system; the United States‚ along with England and other countries once part of the British Empire‚ belong to the common law system. The civil law system has its roots in ancient Roman law‚ updated in the 6th century A.D. by the Emperor Justinian and adapted
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Attorney A. J. Mitchell BUSN-420-61326 Business Law Hazel G. Sturdebant OUTLINE PAPER TITLE: the common law tradition and sources of law I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry‚ or case-based
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by jury‚ the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling; that is a statutory law can replace the customary (common) law. In the hierarchy of norms‚ the statute is the ’highest’ norm. Then treaties. Then the common law. C. Interpretation 1. Stare Decisis The doctrine of stare decisis
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and clear statement of the terms”(p79) send to a party(the offeree) by another party(the offeror). Otherwise there could be a misunderstanding of an invitation to treat or negotiation which are similar statements. If an offer intends to be legally binding‚ acceptance‚ by which the offerees can show their agreement of all the terms of the offer‚ is needed. Acceptance needs to be valid and informing the offeror‚ while the terms should as same as the previous ones. Another element‚ i.e. consideration
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