2004
.., .. English for students of Law / ., - , 2004. . 124.
.., 2004
.., 2004
- , 2004
Contents
Unit 1. The Structure of English legal System.. 4
Unit 2. Business Organisations. 11
Unit 3. Business Organisations. 22
Unit 4. Business Organisations. 31
Unit 5. Shares and Shareholders. 39
Unit 6. Consumer Protection. 44
Unit 7. Bankruptcy. 49
Unit 8. The Law of Agency. 51
Unit 9. The Law of Tort 56
Unit 10. The Law of Contract 60
Unit 11. Contracts of Employment 64
Unit 12. The Nature and Classification of Business Property. 79
Unit 13. The Nature of Security. 91
VOCABULARY.. 97
Part I
Business Organisations
Unit 1. The Structure of English legal System
Words to be remembered.
liability
overlap
extra-gratia (.) ,
sue
to sue for damages
natural person
legal person
domicile
allegiance
alien
matrimonial proceedings act ,
tortiously liable
tort ,
charted ,
statutory ,
case law
legislation
European Community Law
Binding precedent
Ratio decidendi (.)
obiter dictum (.) ,
persuasive
overrule , ,
per incuriam (.)
dissenting judgement
equity
equitable right ,
common law
discretionary
lease
mortgage , , ,
fraud ,
intra vires ,
promulgate
binding
supremacy
unconditional
unqualified
precedence ,
discretion
ruling ()
judgement ,
will
murder ( )
rape
Text for reading.
The Classification of English Law
In England the main distinction is between criminal and civil law. Criminal and civil liability overlap but criminal law exists to punish criminals and, although compensation payments are made under the Powers of Criminal Courts Act 1973, and the Criminal Injuries Compensation Scheme 1964 makes ex gratia payments to victims of violent crime, these will generally sue in civil law for damages.
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Legal Personality
Legal rights attach to legal persons; these can be (i) natural and (ii) artificial persons or corporations.
Natural persons
Important for natural persons are nationality and domicile, gender and race. Nationality determines a persons public rights, such as allegiance, the right to vote and to sit in Parliament, although the nationals of one member state of the European Community have equal rights with nationals in other member states. A person will normally have only one nationality but may have dual nationality and can be stateless. Civil law generally treats nationals and aliens alike.
Domicile determines the regulatory legal system of a person. All people are domiciled somewhere and can only have one domicile at any given time. There are three types of domicile: (i) domicile of origin, (ii) domicile of choice and (iii) dependent domicile. Domicile of origin attaches to the person at birth. Domicile of choice arises where a person of full age and capacity establishes a permanent home in a country with the intention of remaining there. Dependent domicile was relevant for minors and married women whose domicile was dependent upon their parents or husband. The Domicile and Matrimonial Proceedings Act (DMPA) 1973 now allows married women to acquire a domicile separate from their husband, and minors to acquire an independent domicile at 16.
Corporations
The principal corporations are composed of a number of persons and classifiable as (i) chartered, (ii) statutory and (iii) registered corporations. Chartered corporations are created by royal charter. The earliest trading corporations were created in this way: The Hudson Bay Company, The East India Company. Today chartered corporations comprise professional bodies such as the Institute of Chartered Secretaries and Administrators (ICSA). The older universities are chartered corporations. Statutory corporations are created by special Act of Parliament. Local authorities are statutory corporations, as are the nationalised industries, although their number has been reduced through privatisation. Registered corporations are incorporated under the Companies Act 1985 and are the normal trading companies.
Unincorporated associations
These have no legal personality and their property is jointly owned by the members who are also contractually and tortiously liable. Special rules relate to trade unions, employers associations and partnerships.
