Law for Non Lawyer Essay Example for Free

Law for Non Lawyer Essay As for one action, no matter it is legal or not is not only matches the law clauses, but also complies with the legal principle. Legal principle plays a vital role in the society. In the situation that the existing law would not have the ability to solve the new problems happened in the society, the legal principle can play a part in solving the problem. As for these situations that there are no explicit legal rules to solve the issue, the legal principle would take it. As for the relationship of the agent, the agent can represent the principal to do some things. Even if the contract is formed by the agent and the third party, the principal should take the responsibility finally. Body The Lawï ¼Å' unlike other rules, it is a symbol of authority and power. It relies on the compelling force of the state by different means of punishment. The law can be taking into many different forms, such as public law and private law, civil law and criminal law, common law and statute law, and so on. Public Law regulates the relations between citizens, companies and private associations on the one hand and the state on the other. Generally speaking, public law consists of Constitutional Law, Administrative Law, and Criminal Law. Private law regulates the relations between citizens, companies and private associations, such as tort law, contract law, land law, commercial law, and so on. Therefore, the law would play a role of guidance to people. For example, according to the criminal law, we can know what we can do and what we can not do. Under the press of the law, based on the fear of the punishment, we can prevent ourselves from committing a crime. Taking contract law for another example, the parties of the contract should bear the responsibility ruled in the contract. The unconstrained agreement is the basic element to a contract. Every party of the contract should comply with the quest ruled by the contract law. As for the application of common law, the judges should follow the previous decisions made in the process of the development of the law through doctrine of precedent. On the contrary, statute law is the laws made by the parliament. As for the use of the law in daily life, legal principle is one of the most important parts. At some situations, the application of the legal principle is more important than the legal clauses themselves. Due to the rapid development of the society and the economy, the evolution of the law can not keep up with the pace of the society and economy. In a result, in some cases, the existing law would not have the ability to solve the new problems happened in the society. So, as for these situations that there are no explicit legal rules to solve the issue, the legal principle is playing a vital role. According to the opinion of Leslie Green, another reason for the use of the legal principle is that law may be beneficial, but only in some contexts and always at a price, at the risk of grave injustice.[1] In general, the legal principle is formed in the process of the development of the law, experiencing a long history. It is always absorb the beneficial historical sources and develop into a useful material to match the need of the modern society for the law. It also develops to apply from an area to another area.[2] There are many legal principles can be used in our daily life. Such as the principle that everyone is equal before the law, signing a contract freely, protecting the public order and good morals, and so on. In the case of the background, although the action asking the friends to attend the party is match the rule of the law of the Prohibition of Unsolicited Parties (Fictitious) Act 2010, Derek violates the legal principle of protecting the public order and good morals. As a result, Derek should take some responsibility in the civil law. In the case, Ray, the Manager of a builder’s merchants, asks Derek, a Sales Assistant at the same workplace, to keep an eye on his 5-acre smallholding while he is on holiday in Spain. Derek emails a few of his friends to attend his 21st birthday party in a disused barn on Ray’s farm land. Due to a technical error, the email was sent to his entire email address book. Over 600 people arrive at the party and a neighbor farmer calls the police complaining about the noise. Derek is arrested for breach of the Prohibition of Unsolicited Parties Act 2010. For the Act, it applies to a gathering of more than a hundred people on land for a social purpose in which it is likely that alcohol will be consumed. It is a criminal offence to organize such a gathering without the permission of a local magistrate unless the organizer is an exempt person. (James B. Crippin, Jerry Ahern. Peter Squires. 2011) For the birthday party, it gathers over 600 people, it is up to the mustard of rally, that is, (1) particular majority participate; (2) participants have a more consistent motivation and purpose; (3) in the course, it has the serious violations, damage to public order, harm public safety or others. So, it needs to receive the permission of a local magistrate, otherwise, it will violate the Prohibition of Unsolicited Parties Act 2010. From the case of the background, we can see Derek and Ray form an oral contract and an agent relationship. In general, a contract is formed at the basic of the mutual assent between the parties.[3] According to the view of Miguel Pickard, the relationship formed among the people is aim at the interests of the parties.[4] The agent relationship formed between Derek and Ray is a typical example. In the stage of the leave of Ray, Derek, as the agent of Ray, would gain some rights as well as some responsibilities. Agent is formed by two parties: the agent, the principal. In the sense of the law, the relationship of agent has three parties: agent, principal and the third party. An agent is the one who is empowered to represent the principal to do some things, either implied or expressly. In the real life, although the contract is signed by the agent and the third party, in fact, the legal relation is created between the principal and the third party. An agency is formed either by express agreement or by implied agreement. In general, the relationship of agent formed by implied agreement is shaped in some necessary or emergent situations or shaped by custom. Such as a person entrusts with others’ property, need to preserve immediately, impossible or extraordinarily difficult to communicate with the principal. Once two people create the agent relationship and publish to public by words or other forms, this means that the third party has the evidence t believe their agent relationship. The agent and the principal can not deny the relationship casually. If the third party believes one person who is actually no authority to represent the principal is the agent of the principal and do some trade or sign an agreement with this person, the principal can ratify the authority afterwards. But there are some limiting conditions for the ratification: the principal who should have the contractual capacity must be informed of all the fac ts of the agency and ratify the authority during a reasonable time; the ratification must be of the entire contract and can be inferred. As long as the authority is ratified, the relation formed between the agent and the third party is binding to the principal.[5]As for the agent relationship, all of the parties should take their own responsibility and enjoy the right. The agent should follow the principal’s instructions. The agent can not make profits in the name of the principal for himself secretly. In general, the right of the agent to represent the principal is limited. If the agent makes profits secretly making use of the benefit of the principal, it is illegal.[6] In order to serve for the principal, the agent would ask for remuneration from the principal. The agent has right to ask for indemnity and reimbursement from the principal as long as injured or hurt during the stage of agency. Once the principal tries to avoid the liability, the agent enjoys the right of lien. The principal should make explicit authority to the agent and give relevant reward to the agent. If the agent does not represent the principal as the follow of the principal, the principal can use some remedies, such as refuse to pay the agent, sue for damage, ask the agent to recover the thing as before. The most important legal effect of the agent relationship is that the principal should take the responsibility of the acts of the agent. In the case of the background, the action of the agent of purchasing the apartment is binding to the principal. The principal should take the responsibility for the agent action. The trade made by the agent and the third party is binding to the principal.[7] In general, the principal is not always disclosing. As for the disclosed principal, the principal is bound by any contract unless the following situations: the agent exceeds their authority, the agent agrees to be liable and the principal is non existent. With respect to the undisclosed principal, the third party can choose one or more to take the liability, while the principal can sue unless the identity of the party is essential to the contract. The agent relationship can be terminated for many reasons. The agent and the principal can make an agreement to end the relationship. The relationship also can be ended by other legal reasons, such as the death of one of the agent or the principal, time is expiring, and so on. In the case of the background, Derek, as the agent of Ray, gets some rights authorized by Ray. Derek can use the smallholding in reasonable means. Although Derek does not need to take the Criminal responsibility, he should bear the civil liability for his action which affects the normal life of the neighborhood around the smallholding. But, according the law about the agent, the principal Ray would be the first defendant. After Ray bears the responsibility for the action of Derek, Ray can ask for Derek to undertake the liability for his action. According to the Prohibition of Unsolicited Parties (Fictitious) Act 2010, this Act applies to a gathering of more than a hundred people on land for a social purpose. But it is a criminal offence to organize a gathering if there is without the permission of a local magistrate unless the organizer is an exempt person. In the act, the exempt person means the occupier, any member of his family or his employee or agent of his. In the case of the background, Ray asks Derek to keep an eye on his 5-acre smallholding while he is on holiday in Spain. According to the Prohibition of Unsolicited Parties (Fictitious) Act 2010, as the agent of Ray during his holiday in Spain, Derek in entitled to use the smallholding for some purpose. In order to celebrate the twenty-first birthday, Derek asks his friend to attend the party is match the provisions of the Prohibition of Unsolicited Parties (Fictitious) Act 2010. Even if Derek does not gain the permission of a local magistrate, he also has the right to hold the party at the reason that he is an exempt person. The reason why Derek is an exempt person is that Derek becomes the agent of Ray in the period of Ray’s leave due to the agreement of both parties. However, even if the action of Derek to ask his friends to attend the party is comply with the quest of the Prohibition of Unsolicited Parties (Fictitious) Act 2010, Conclusion In general, on action can infringe several laws. At the same time, one action is punished either it does not comply with the provision of the law or it does not match the legal principle. At some situations, legal principle plays a vital role in the society. In the situation that the existing law would not have the ability to solve the new problems happened in the society, the legal principle can play a part in solving the problem. As for these situations that there are no explicit legal rules to solve the issue, the legal principle would take it. As for the relationship of the agent, the agent can represent the principal to do some things. Even if the contract is formed by the agent and the third party, the principal should take the responsibility finally. Just as the case in the background, Derek should take the responsibility for his action. Reference ï ¼â€  Bibliography [1] Bolton Partners v Lambert (1889) 41 Ch D 295 [2] Christina Maria Vogerl, â€Å"Unfair Terms in Standard Form Contracts†, European Master Program in Law Economics. [3] Leslie Green, â€Å"the concept of law revisited†, Michigan Law Review, vol.94; 1687 [4] Lloyd Grace, Smith Co [1912] AC 716 [5] Lunghi v Sinclair [1966] WAR 172 [6] Miguel, P 2007,‘reflections on relationships: the nature of partnership according to five NGOs in southern Mexico’, Development in Practice, volume 17, numbers 4-5 [7] P. J. du Plessis, â€Å"The Creation of Legal Principle†, Roman Legal Tradition, 4 (2008), 46–69, ISSN 1943-6483 [8] James B. Crippin, Jerry Ahern. Peter Squires. (2011). â€Å"First Response to Bombing Incidents and Weapons of Mass Destruction†. Chemical Rubber Company Press. [9] Aled Griffiths, â€Å"How are statutes interpreted?†, page617, Law for Non-Lawyers, Second Edition, ISBN 978-0-85776-696-0 [1] Leslie Green, â€Å"the concept of law revisited†, Michigan Law Review, vol.94;1687 [2] P. J. du Plessis, â€Å"The Creation of Legal Principle†, Roman Legal Tradition, 4 (2008), 46–69, ISSN 1943-6483 [3] Christina Maria Vogerl,â€Å"-$%01234;@EFLRWX_hiwxyÃ… ½Ãƒ µÃƒ ¬Ãƒ  Ãƒ ¬Ãƒ µÃƒ ¬Ãƒ µÃƒâ€Ãƒ ¬Ã‚ ¾Ãƒ ¬Ã‚ ³Ã‚ §Ã…“? ³Ã¢â‚¬ ¡Ã‚ ³{ ³m ³aTD ³h–à ¬hà a «5?CJ aJ mHh ´Chà a «5?CJ aJ h–à ¬hà a «5?CJ aJ o([pic]hßshà a «5?CJ aJ hà a «5?CJ aJ Unfair Terms in Standard Form Contracts†, European Master Program in Law Economics. [4] Miguel, P 2007,â€Å"reflections on relationships: the nature of partnership according to five NGOs in southern Mexico†, Development in Practice, volume 17, numbers 4-5 [5] Bolton Partners v Lambert (1889) 41 Ch D 295 [6] Lunghi v Sinclair [1966] WAR 172 [7] Lloyd Grace, Smith Co [1912] AC 716