SXL-2114: LAW INTENDED FOR NON-LAWYERS
IDENTITY: JIANG Peng
MODULE ORGNISER: Aled Griffiths
DATE: 13 JANUARY 2012
Regarding one action, no matter it really is legal or perhaps not isn't just matches the legislation clauses, nevertheless also complies with the legal principle. Legal principle plays a vital role in the society. For the circumstance that the existing law will not have the ability to fix the new concerns happened inside the society, the legal principle can play a part in fixing the problem. Regarding these circumstances that there are no explicit legal rules to solve the issue, the legal theory would have it. Regarding the relationship from the agent, the agent may represent the main to do some points. Even if the agreement is formed by the agent as well as the third party, the main should take the obligation finally.
The LawпјЊ unlike various other rules, this can be a symbol of authority and power. This relies on the compelling force of the state by distinct means of abuse. The law could be taking in many different varieties, such as general public law and private law, city law and criminal legislation, common law and statute law, and so forth. Public Rules regulates the relations among citizens, firms and private organizations on the one hand and the state on the other. Generally speaking, community law involves Constitutional Regulation, Administrative Regulation, and Criminal Law. Private law manages the associations between individuals, companies and associations, such as tort law, contract law, land legislation, commercial regulation, and so on. Consequently , the law would play a role of guidance in people. For example , in line with the criminal law, we can know very well what we can carry out and whatever we can not carry out. Under the press of the regulation, based on the fear of the consequence, we can stop ourselves via committing against the law. Taking deal law another example, the parties with the contract should certainly bear the obligation ruled inside the contract. The unconstrained arrangement is the standard element into a contract. Every single party from the contract will need to comply with the quest dominated by the contract law. Concerning the application of prevalent law, the judges will need to follow the previous decisions made in the process of the introduction of the law through doctrine of precedent. To the contrary, statute law is the laws made by the parliament.
As for the use of the regulation in daily life, legal principle is one of the most important parts. At some conditions, the application of the legal theory is more significant than the legal clauses themselves. Due to the quick development of the society as well as the economy, the evolution from the law can not keep up with the pace from the society and economy. Within a result, occasionally, the existing legislation would not manage to solve the new problems happened in the culture. So , concerning these circumstances that there are simply no explicit legal rules to fix the issue, the legal theory is playing a vital role. According to the judgment of Leslie Green, another reason for the use of the legal theory is that law may be effective, but just in some contexts and always for a price, at the risk of serious injustice. On the whole, the legal principle is formed in the process in the development of the law, experiencing a long history. It usually is absorb the beneficial traditional sources and develop into a valuable material to match the need of the modern society intended for the law. In addition, it develops to apply from a location to another region. There are many legal principles works extremely well in our day to day life. Such as the rule that everybody is equal before the law, affixing your signature to a contract readily, protecting people order and good morals, and so on. When it comes to the background, even though the action requesting the friends to attend the party is match the guideline of the legislation of the Forbidance of Unsolicited Parties (Fictitious) Act 2010, Derek violates the legal principle of protecting the public order and good honnete. As a result, Derek should take a lot of responsibility inside the...
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 Christina Nancy Vogerl, " Unfair Conditions in Standard Form ContractsвЂќ, European Expert Program in Law & Economics.
 P. J. i Plessis, " The Creation of Legal PrincipleвЂќ, Roman Legal Custom, 4 (2008), 46вЂ“69, ISSN 1943-6483
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 Miguel, P 2007, " reflections on associations: the nature of relationship according to five NGOs in southern MexicoвЂќ, Expansion in Practice, volume 17, amounts 4-5
 Bolton Lovers v Lambert (1889) 41 Ch M 295