Discuss in depth using case law how the English legal system follows judicial precedent and its operation within the hierarchy of the courts.

Assessment for this module is completion of the following sections:

Section A – Legal System (1000 words)

Section B – Tort (1000 words)

Section C – Contract (1000 words)

TOTAL WORD COUNT = 3000 WORDS

SECTION A

Legal System

Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity.

1. Discuss in depth using case law how the English legal system follows judicial precedent and its operation within the hierarchy of the courts.

Section A = 1000 words.

SECTION B

Tort

In Tai Hing Cotton Mill Ltd v Liu Chong Hing Bank (1986) AC80 (PC) Lord Scarman said:

Their Lordships do not believe that there is anything to the advantage of the law’s development in searching for a liability in tort where the parties are in a contractual relationship… their Lordships believe it to be correct in principle and necessary for the avoidance of doubt to adhere to the contractual analysis.

1. Discuss the above statement using relevant case law.

Section B = 1000 words.

SECTION C

Contract

A contract is a promise or a set of promises which the law will enforce, but to be enforceable a valid contract requires certain requirements and to be made by any person recognised by the law as having legal personality.

Using a range of legal sources;

1. Clearly identify the requirements of a valid contract.
2. Clearly identify and discuss the classes of persons who have legal capacity to form a valid contract.

Section C = 1000 words

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