Research Proposal: Regal Obligations Owed by Private

Pages: 9 (2559 words)  ·  Bibliography Sources: 10  ·  Level: Master's  ·  Topic: Business - Law  ·  Buy This Paper

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[. . .] Private law is not broadly applicable or used as public law in its context in the United Kingdom. Private law is a private bill implemented to become law which is used on individuals or persons who are specified by the law who may include persons who have suffered bodily or financial harm arising out of action undertaken by the government or who are appealing against a deportation ruling made against them unlike public law which affects each and every single person or citizen of a country.

Britain's public laws are passed to become law by the UK parliament; they are cited using an abbreviation (Pub.L.), then a parliament number (002) and lastly the number of the law. Referring to books written by Aristides (2002) he has given an illustration of public law citation to be: Pub. L. 109-003. While private laws are cited also with an abbreviation but differently from the public law citation (Pvt. L.), then parliament number which is just a simple number like the same used in public law (109) and last on the citation is the law's number, Aristides illustration of the citation is: Pvt. L. 109-003.

Joseph, (1999) drew a historical difference between UK's private and public law citing that a difference existed between the two laws in the manner in which court's jurisdiction have been invoked, each law has its own unique form specified which must be used before court proceedings commence at federal jurisdiction court.

On an international perspective of law; there is a clear difference between public international law and private international law. Public international law is primarily concerned with regulating the rights, obligation and reactions between states while private law is concerned with regulating the rights and relations between states as private parties and between a state and individual party.

Case study of private law-Pavey & Matthews vs. Paul

In the case between Pavey & Matthews vs. Paul; Pavey and Paul had an oral agreement which Pavey had agreed to construct for Paul a house and upon finishing his work Pavey laid a claim of sixty three thousand dollars as his service fee, but Paul was only able to pay Pavey thirty six thousand dollars and Pavey reacted to this with a law suit on Paul for the balance owed to him.

The oral contract between Pavey and Paul was unenforceable in the builders licensing act (1971) that doesn't acknowledge oral contracts and is based on the doctrine of restitution which meant that it protected persons who own building against unjust or excessive claims from constrictors.

The following facts were derived from this case; thou the oral contract was unenforceable it was still an evidence that indeed there was money compensation for Pavey of which he couldn't lay claim on the balance under contract; in restitution an independent evaluation is done separate from contract terms.

The ruling in this case was Pavey claim was admissible as it was based on unjust enrichment and not implied contract, hence it could not be nullified because it was an oral contract entered between Pavey and Paul. The amount to be awarded to Pavey was not to be any less than what was considered to be a fair amount but it was upon the court to decide on when to pay him the outstanding balance or not.

Alternative for the above case study-Gates vs. Mutual life assurance

In this case Mr. Gates entered into a contractual relationship with an insurance company called Mutual life. Gates alleges that the insurance agent who sold him the policy told him that he would be compensated for the ninety day he wouldn't be able to engage in any meaningful form of employment, but the fact was that the insurance policy would compensate him if he is unable to attend to any gainful employment.

Gates who worked as a contractor was involved in an accident that made him unable to attend to his job at the construction site, however the injury sustained were not capable of making Gates not attend to another different job and so his insurance company refused to compensate him as he was told by the insurance agent citing their policy only allows them to compensate those who didn't attend to any gainful employment.

The ruling in this case were against Gates as it was claimed that damages he suffered were not due to breach of contract and due to the fact that he was unable to justify that the agent's statement formed part of the contract or a secondary contract furthermore he was unable to show that another insurer would have compensated him in the same circumstance.

Conclusion

Britain's private law has clearly defined the regal obligation owed by citizens of a country and business organization operating in our countries, and how each of the two parties can take up an active role in environmental conservation. Another good example apart from the UK where private law have been used for purposes of environmental conservation is in Japan where the famous Law No.130 has been applied aggressively in conservation of the environment and education about the environment which aims at cultivating interest among its citizens to voluntarily participate in activities that tends towards environmental preservation. Thus the research has concluded with positive findings on the topic of discussion (Barlow, 2009); that these regal obligations indeed have been useful on environmental conservation in the UK and they will continue being effective even in the future for the purpose of preserving nature and its resources...

Bibliography

Aristides, N., 2002. "The Nature of the Firm." European Journal of Law and Economics 14 (3): 253-263.

Barlow. M., 2009, Blue Covenant: The Global Water Crisis and the Coming Battle for the Right to Water, New York: The New Press.

Boyce, J., & Shelley, B. 2003, Natural Assets: Democratizing Environmental Ownership, Washington, DC: Island Press

Cunningham, W., Mary Cunningham, M., & Saigo.W. 2007,Environmental Science: a Global Concern, McGraw-Hill.

Gordley, J & Taylor.A., 2006. An Introduction to the Comparative Study of Private Law.

Harvard Business Review on Green Business Strategy. 2007. Boston: Harvard Business School Publishing.

Joseph, R., 1999. The Authority of Law, Essays on Law and Morality. Oxford University Press

Minteer. B., & . Manning.R. 2003, Reconstructing Conservation: Finding Common Ground, Washington, DC: Island Press

Speth, G., & Haas, P., 2006, Global Environmental Governance: Foundations… [END OF PREVIEW]

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