I- INTRODUCTION Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules …show more content…
While there are lots of authors who are argued in favour of this codification since two centuries, practitioners and business in the English community had always been afraid about this idea. To understand the context of this debate, I will, first, briefly explain what do we generally mean by the term ‘codification’. Then, I’ll take few points about the origins of English commercial law and describe its modern definition. Finally, I will outline the main arguments why I am against the proposition of a commercial …show more content…
The Lex mercatoria was an international law of commerce governing the trades and disputes based on the customs and practices of merchants. By the nineteen century, the law of merchant was fully incorporated in the Common law, but the development of commercial law led to a conflicting mass of case law . Following the commercial community recommendations, European countries started to rationalized the commercial law by building codes . English law didn’t follow this path, but instead adopted a series of Act of Parliament focusing on specific area, such as Bills of Exchange Act 1882 and the Sale of Good Act 1893 . Finally, the rise of the consumerism forced the Parliament to recognize the separateness of certain commercial transaction and to adopted an interventionist approach that aimed to create a body of laws protecting consumers, such as the Unfair Contract Terms ACT 1977 and Consumer Protection Act 1987
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
...ificantly impacted the evolution of commercial law. The rapid expansion of European economies in the eleventh century exponentially increased the merchant class. The increased number of merchants subsequently led to an increased number of disputes when trading on an international basis. Local governments refused to fulfill the dire need of merchants, thus Law Merchant was created. Rules were established for trading between merchants which would address the previous issues involving hostility, cultural differences, and different trading customs. Courts were formed to settle disputes between the merchants. These courts formed swift and fair judgments through the help of local experts in commerce. However, the government eventually absorbed these courts by copying the Law Merchant’s rules and the Law Merchant faded away until its reappearance several centuries later.
Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered. Effective legal safeguards against undue exploitation and advantage-taking in such online dealings would see Australian contract law remain in the global arena. The Australian public need greater stability and certainty from contract law, and codification is a step towards fulfilling that void by allowing citizens to be well equipped and educated on their rights and decisions.
The role of law reform has responded rather effectively to a certain extent in protecting the rights of consumers. This is evident in the legal responses introduced to address issues of credit, marketing innovation and technology. These law amendments has effectively increase the protection of the rights of consumers to a certain extent, however loopholes still exist. Due to the increasing range of goods and services continues to grow and the failure of existing laws, the role of law reform has been significant in protecting the rights of consumers. Consumer laws were created to prevent deceitful activities, or unfair business practices, as well as serving a protection for weaker parties who are unable to protect themselves. However, laws were later reformed to enable customers to transact with confidence and protect suppliers, consumers from inappropriate business conduct and to reflect changed community values and circumstances.
The aim of this essay is to critically discuss how the law of passing off and trade mark law have common roots and therefore are, in many respects, similar. I will begin with a short brief history of trade mark law and the law of passing off. I move on to discuss the similarity between trade mark law and the law of passing off with reference to relevant case law and statutes. Although, passing off and trade mark law deal with overlapping factual situations, s 2(2) of the Trade Mark Act 1994 maintains passing off as a separate cause of action. When a trade mark is threatened by the actions of third parties the proprietor will bring an action for both passing off and trade mark infringement which both share many similarities. However, they are
At first thought, we associate laws as prohibited activities and lawyers as people who have high quality suits and expensive brief cases. However, law is not nearly as simple as it appears to be on the surface. There has been no time within human civilization where law was not present. Implementation of laws can be recalled back to New Testament times in the Bible where murder was a condemned crime that would be punishable by death. Law is defined as the principles and regulations created by a community or some authority applicable to its people. If we did not enforce laws or punishments, how many more crimes would be committed on a daily basis? In this paper, I will be discussing what Criminal law is, its historical contributors and its
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
Law, ?a governmental social control? (Black 2), is a quantitative variable that changes in time and space and can be defined by style: penal, compensatory, therapeutic or conciliatory (Black 5). The brief description of law and its interrelation with social control and deviant behavior can be encapsulated in the following scheme. This concept of law put into the context of social life gives a framework of the behavior of law.
To widen the market and to narrow the competition is always the interest of the dealers... The proposal of any new law or regulation of commerce which comes from this order, ought always to be listened to with great precaution, and ought never to be adopted, till after having been long and carefully examined, not only with the most scrupulous, but with the most suspicious attention. It comes from an order of men, whose interest is never exactly the same with that of the public, who have generally an interest to deceive and even to opprress the public, and who accordingly have, upon many occasions, both deceived and oppressed it.
In this essay I will be discussing how the formal theory of the rule of law is an erroneous means of establishing laws within a state. A central theme to addressing this is essay is the distinction between formal and substantive theories of the rule of law. In order to reach my conclusion of the formal theory being proven to be insufficient, one must first appreciate the significant advantages which the substantive theory obtains. However, before doing so, I will briefly mention the importance of the rule of law in society and the requirements it needs to fulfil.
Common law is “judge made-law” and “includes law by judges when they interpret law (lecture notes, 11/16)”. Common law authors trusted that “natural law was too abstract and theoretical for their pragmatic, concretely focused minds…simply out of touch with concrete human affairs (Coleman 593)”. Therefore, common law was developed.
The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important key principle of the UK constitution parliament is the supreme legal authority in the UK. Parliament can create, change or repeal any law and generally speaking the judiciary cannot overrule legislation that has been passed by parliament.
Competition law in the European Union has developed from being an uncertain preoccupation of a few economists, lawyers and officials to one of the leading competition law system in the globe. Nonetheless, in agreement with most commentators, there are inherent flaws within the EU Commission’s procedures. This paper aims to provide an account of concerns in the current system, drawing comments from scholars and EU officials in order to demonstrate both benefits and shortcomings of the system. An overview of the legal and policy debate of the current EU Competition enforcement will be presented as the introduction. Policy concerns such as prosecutorial bias and self-incrimination in enforcement powers will be the main subjects for the purpose of this paper, followed by analysis of the EU commission structure, in particular checks and balances and the hearing process, both of which have been claimed being incompatible with the ECHR. A comparison with the US Antitrust system will also be paralleled through out this essay in order to demonstrate a clearer examination. This essay will conclude with the Commission’s flaws that have effected on the upcoming UK competition law reforms.
Commercial law is the body of substantive law that governs transactions between business entities. Commercial law includes all aspects of business, including advertising and marketing, collections and Bankruptcy, banking, contracts, negotiable instruments and trade in general with the exception of maritime transportation of goods. It covers both domestic and foreign trade; it also regulates trade between states.