ENGLISH LEGAL METHOD AND CONTRACT LAW

ENGLISH LEGAL METHOD AND CONTRACT LAW
TASK 1: The English Legal System
Question 1
(a) Identify and explain the main sources of law in the English Legal System. You
should give examples where appropriate.
[10 Marks]
(b) Explain why it may be necessary for judges to interpret statutes. Using examples
to explain the different approaches to statutory interpretation.
[10 Marks]
(c) How, if at all, has the enactment of the Human Rights Act 1998 impacted upon
statutory interpretation? Use cases to illustrate your answer.
[10 Marks]
(d) Explain the doctrine of stare decisis giving examples where appropriate. Identify
the strengths and weaknesses of the system of binding judicial precedent.
[10 Marks]
Total marks for Part A 40 marks
TASK 2: Corporate Criminal Liability
Question 2
a) What exceptions are there to the general rule that a corporation can be criminally
liable?
[10 marks]
b) What dif?culties arise when using the principle of identi?cation to decide whether or
not a corporation should be criminally liable?
[10 marks]
c) Why is it considered necessary and desirable to make corporations liable for criminal
wrongdoing?
[10 marks]
Now read the following case:
Worcester Ski and Snow Ltd is a company that owns and operates ski and
snowboarding centres across the West Midlands. The company has a board of
directors and a managing director. In addition, each ski and snow centre has a
manager. The board operates very tight controls over the amount to be spent at
each centre on general maintenance and centre managers who overspend know that
they face dismissal. Many of the centres have ski and snowboarding jumps. The
board of directors has never issued any directions about safety or the level of
supervision for use of these jumps. At one of the centres there have been no
maintenance checks of the jumps and several of the jumps have become unsafe.
The centre does encourage the use of helmets for participants, but the centre manager has not instructed staff to ensure that they are used at all times. Suzie,
aged 13, attempts one of the faulty jumps without wearing a helmet and without
supervision. As she is approaching the top of the jump the 30-foot structure
collapses, causing Suzie to fall. She dies of her injuries immediately. The problem
with the jump would have been discovered if there had been a maintenance check in
the last year.
d. With reference to statutes and decided cases, advise Worcester Ski and Snow
of their criminal liability (if any) for the death of Suzie.
– Draw on the labor theories we discussed (i.e. alienation, taylorism, labor value, the formula for profit, disposable labor.)

 

 

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