How can you know if a newer statute is referencing another statute, if the newer statute doesn&#39;t explicitize this? I'm nonplussed. Please see the subject line of this question, and emboldening below. How can you know which older statute is being referenced (by the newer statute)? What statute is s 11(4) of UCTA 1977 referencing? Do you see why I'm nonplussed? If s 11(4) of UCTA 1977 explicitized which older statute it was referencing, I wouldn't have to ask. Finally, you will identify any cases that discuss or clarify the application or content of the statute in question, again relying on your lecture notes and reading materials to point you in the right direction. You also need to know the extent to which other acts relate to the statute in question. For example, the Unfair Contract Terms Act 1977 incorporates, by reference, the concept of the common duty of care under the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act (Northern Ireland) 1957 (see section 1(1)(c)). The 1977 Act also relates to obligations arising under the Sale of Goods Act 1979 and the Supply of Goods (Implied Terms) Act 1973 (see section 6(1)). However, a statute need not refer to another statute specifically Page 16. to bring it into the sphere of influence (see, for example, section 11(4) of the 1977 Act). Again, in a simple statute, the cross-referencing to other enactments may be easily identifiable. In those cases, you would simply highlight the cross-references. You would not need to make a separate list of the potential areas of statutory overlap, as you would do with a complex statute such as the Unfair Contract Terms Act 1977. However, no matter how complex your statute is, it is always good to make a single list of the cases which discuss your statute and the statutes/ sections to which they relate. Compilation of a single list is necessary because you may learn about the cases at different points over the term. It is astounding how much more easily you can remember a series of cases if you have them all listed in a single place. Now I copy and paste section 11(4) of the 1977 Act. (4) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this or any other Act) whether the term or notice satisfies the requirement of reasonableness, regard shall be had in particular (but without prejudice to subsection (2) above in the case of contract terms) to— (a) the resources which he could expect to be available to him for the purpose of meeting the liability should it arise; and (b) how far it was open to him to cover himself by insurance. Page 17. Stacie Strong. BA English literature (UC Davis 1986), MPW (USC 1990), JD (Duke 1994), PhD Law (Cambridge 2002), DPhil (Oxford 2003). How to Write Law Essays &amp; Exams 5th Edition (2018).
What statute is s 11(4) of UCTA 1977 referencing? Any and all current statutes (already in force or that may be enacted in the future but before the event occurs) that bear on the reasonableness of the attempt to limit liability. In theory, this is all current statutes. In practice, the vast majority of statutes will be self-evidently non-applicable. In this example, we are talking about contract law so statutes about crime, defence, fishing, aerospace, farming etc. are clearly not relevant. So, a practitioner needs to know which statutes will bear on contract law, and specifically on limitation of liability, and look at those. No one said studying law was easy.
No. Whatever clauses and terms existed in this contract, a second contract between the parties could modify it to remove such a clause, or to directly make such an amendment, or to annul the contract entirely. You can make it a requirement that amendments be unanimous among the parties (as opposed to e.g. unilateral, allowing one party to make certain changes, variously without approval or without notice). Such a clause may also be unenforceable for another reason, but this doesn't fit any of the general points for unenforceability, except perhaps being against public policy if a jurisdiction happened to regulate contracts to that degree.
united-kingdom Yes. The landmark case in the UK is Pepper (Inspector of Taxes) v Hart, where the House of Lords*: established the principle that when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the legislation. Before this ruling, such an action would have been seen as a breach of parliamentary privilege *Strictly speaking, the Appellate Committee of the House of Lords, which functioned as the UK's highest court before the creation of the Supreme Court.
The law does have examples They are called “judgements” Every case decided by a court is an example, in common law jurisdictions at least. When those cases are decided by an superior court they become precedents - binding “examples” on courts in their hierarchy and persuasive “examples” on other courts. When you go to a lawyer for advice, she doesn’t just parrot back the statute, she looks at the precedents and decides whether the case decided by the House of Lords in 1848 or the High Court of Australia in 1912 more closely matches your situation. Also, statute law often has examples written into them Statues exist in hierarchies, Constitution, Acts, Regulations, Departmental Policies etc. and the lower you go the more specific the law is and the more likely it is to have examples. For example, this answer I wrote for another question quotes examples from the new-south-wales Evidence Act.
Non-residential tenancies are subject to Fla. Stat Ch. 83 Part I. This is statutorily a tenancy at-will unless a contrary agreement is in writing signed by the lessor: the duration of the lease is yearly, quarterly, monthly, weekly as determined by the periodicity of rent payments. There are various legal conditions related to rent default and causes for removing tenants, also conditions about premises that are wholly untenantable. Unlike residential leases, there are not any special statutory conditions surrounding the landlords presentation of leases. Florida law contemplates and allows the possibility that there are no written documents, and for non-residential tenancies has very little to say about it (only pertaining to the distinction between at-will vs not at-will leases). Therefore, the matter follows the general rules for contractual disputes: whoever makes the best case for their claims wins. If Bob has a scanned copy, that is excellent proof. If Alice alleges and proves that the scanned copy was modified, that disposes of Bob's evidence. If Alice presents a copy of the contract that says otherwise (I do mean copy), then this anomaly has to be explained. Bob can claim that they tore up Alice's original and renegotiated the deal, but he needs to prove that claim. If Alice presents the original contract, Bob's story becomes much less plausible. There are millions of variants of what might happen: the point is, there is no requirement to present the original signed document to support a claim in a contractual dispute.
If you say something twice, eventually they’ll be in conflict Law codes are vast. They deal with many things and sometimes, as here, they deal with the same thing twice. If they duplicated themselves, rather than cross-referencing, every time the law was changed, every single instance would have to be tracked down and changed. Admittedly, that is not as big a problem with digital codes (but still not infallible and definitely time-consuming) but when these would have to be found by hand, it was damn near impossible. Written this way, change it once and it’s changed everywhere. My first boss taught me that. The fired was engineering rather than law but the principle is the same.
It is the use of a "menace" which creates the crime, not the nature or validity of the demand. That's not correct. You've inadvertently missed the other element of the offence: that it's an "unwarranted demand". A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief— (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand. https://www.legislation.gov.uk/ukpga/1968/60/section/21 For example, I may have reasonable grounds under the Consumer Rights Act to demand a refund for a faulty good. It might be sensible to moderate one's language, e.g. "If I do not receive a satisfactory response from you within 30 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs." vs. "If I do not receive the money from you within 30 days of the date of this letter I'll take you to the f***ing cleaners, sunshine." But the language doesn't make the demand unwarranted.
"There's no ... contract" - wrong! The emails are the contract, see What is a contract and what is required for them to be valid? If you didn't agree on which laws will apply then that is a matter for the court to determine. In general, they will tend to look at where the bulk of the work was done - since you are being charged I assume the work was done in the UK so probably UK law applies, noting that the UK is actually 3 different jurisdictions (England &amp; Wales, Scotland and Northern Ireland). That said, many jurisdictions have non-excludable laws around contracts, particularly consumer contracts that apply irrespective of the substantial law applying to the contract. It is therefore possible that you apply English contract law subject to, for example, Australian Consumer Law. Usually any consumer protection law in the vendor's jurisdiction will also apply. General contract law dictates that where a price was not agreed a reasonable price must be paid. If its reasonable that the editing should have been included in the original price charged then you don't have to pay more but if it isn't then you have to pay a reasonable amount for it. There is generally no requirement for estimates or any other method of determining the price - you just have to do what's reasonable. However, consumer protection law generally imposes more obligations on a business than general contract law. It is likely that your contract is ambiguous - courts will endeavor to fill in any ambiguities to make the contract work. techniques include read in implied terms to give "business efficiency", from custom or business usage (e.g. if particular industries typically deal with particular issues in particular ways), from previous dealings (i.e. what the parties have done in the past), from statutes, whatever works to resolve uncertain, meaningless or ambiguous terms, from the express words used or from the nature of the contract or from the common intention of the parties (i.e. the court might ask you what you meant). "Breach of contract" is a very broad term - it simply means that one of the parties hasn't done what they were required to do and allows the other party to sue for damages.