Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.
Chapter
1. The English legal system
Chapter
2. The administration of the law
This chapter examines the administration of the law under the English legal system. It aims to clarify how, and by whom, the law is administered. It identifies the structure, jurisdiction, and composition of the various courts, and also discusses how the tribunals system fits into the administration of the law. In addition, the chapter looks at less formal approaches to dispute resolution, such as alternative dispute resolution. This chapter describes the duties and responsibilities of the different members of the legal profession including the judiciary, the law officers, barristers, solicitors, legal executives, and paralegals. It also considers the appellate procedure.
Chapter
7. The terms of the contract
This chapter focuses on the actual content or terms of a contract. It discusses the two main classifications of contractual terms, namely express and implied terms, and considers the courts’ approach in the determining when terms should be implied into a contract. It explains that express terms are those specifically agreed upon by the parties while implied terms are those that may be implied by the court, statute, or custom. This chapter also explains how some implied terms can be excluded via an express provision and discusses the parol evidence rule, collateral contract, and entire agreement clause. The chapter concludes by looking at the principles established by the courts when interpreting contractual provisions.
