Criminal Liability And The Civil Liability

1387 WordsDec 18, 20146 Pages
Laws are constantly developing to meet the needs of an ever changing society which needs an unbiased court of Law. Statutes and common law has its own advantages and disadvantages in the development of civil and criminal liability. In this essay I will explore murder, rape and rape in criminal liability and contract and tort in civil liability. Contractual agreements can be analysed by the use of offer and acceptance. A binding contract is created when one party makes an offer and the other party accepts it. An offer is made to carry out an act if the other party does something in return. Acceptance can be given in words or conduct, on the condition that it responds to the terms of the offer. Common law had a major role in the development of contract law than statutes. The Doctrine of precedent was used in rulings regarding contractual cases rather than waiting for an Act of parliament. For example, in Pinnels case (1602), Lord Coke set precedent by ruling, “That payment of a lesser sum on the day in satisfaction of a greater cannot be any satisfaction of the whole…” (Open University, 2014). This was used in any relevant ruling from then until the case of Foakes v Beer (1884). In Foakes v Beer, the defendant agreed to pay the instalments every six months and the claimant agreed not to take any further action. The defendant paid the money owed but not the interest so the claimant sued again on the grounds of interest. Pinnels case (1602) was used as precedent for the

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