Riassunto esame Legal english, Prof. Burgio Alberto, libro consigliato Legal english, Villata

COMMON LAW & CONTRACT LAW

The English legal system is based on Common Law, which relies mainly on judicial

decisions and precedents.

Sources of Law

The main sources of law in the UK are Legislation and Judicial Precedent.​

Legislation is the written law enacted by Parliament. When a statute exists, it always

prevails, especially the most recent one.​

Judicial precedent is the unwritten law created by judges through court decisions. It applies

when no legislation regulates the case.

The principle of stare decisis requires judges to follow the decisions and interpretations of

higher courts. The system works case by case, and precedents are collected in the Law

Reports. In case of conflict between statute law and precedent, legislation prevails,

although judges play a crucial role in interpreting the law.

Court System

The UK court system is hierarchical. At the top there is the Supreme Court, followed by the

Court of Appeal, then the High Court (Queen’s Bench, Chancery and Family Division).

Below them are the County Courts and Magistrates’ Courts.​

Lower courts are bound by the decisions of higher courts.

Organisation of the English Parliament

The Parliament is composed of the House of Commons, the House of Lords and the

Monarch.​

The legislative process starts with a Bill, which must be approved by both Houses and

receive the Royal Assent to become an Act of Parliament.​

A key principle is Parliamentary Sovereignty, meaning Parliament is the supreme

law-making authority.

Law of Torts

The Law of Torts regulates civil wrongs and protects fundamental rights. When a right is

violated, civil liability arises and may lead to compensation.​

The functions of tort law are compensation, deterrence, and protection of rights.

The interests protected by law include:

●​ personal security

●​ reputation

●​ privacy

●​ defamation

●​ personal injury

The person who commits a tort is called the tortfeasor.

Tort of Negligence

Negligence occurs when a person causes damage due to lack of care.​

To establish negligence, four elements are required:

1.​ damage

2.​ duty of care

3.​ breach of duty

4.​ causal link between the conduct and the damage

Trespass Torts

Trespass is a direct and intentional interference and is divided into:

●​ trespass to land

●​ trespass to goods

●​ trespass to the person, which includes assault, battery and false imprisonment

The judge decides the type and amount of damages.

Law of Contract

A contract is a legally binding agreement. Not every agreement is a contract: from a nude

pact no legal action arises.​

An invitation to treat is only an invitation to make an offer and does not create a contract.

To have a valid contract, three main e