Free «Sources of Law» Essay Sample

The four sources of law include: case law, legislation, customary laws and the government agencies rules and regulations. Legislations include the statutes and the constitution made by the parliament, which has the authority to make and amend laws (Story 58). The parliament makes laws which are consistent with the constitution; which is the law above any other law in a nation. Case laws or common laws are the laws made by judges when making decisions on the court rulings on cases before them. Their decisions in such cases made before them become precedent for decisions in future similar cases. This implies that judges will not have the mandate to over rule the decisions made by the previous judges (Public Affairs Information Services 253).

The customary laws are developed out of customs, beliefs and behaviors that fit a particular social setting. They are developed through a customary exchange between states and accepted as laws regulating the members of that community only. The members of the community have the authority to decide on the customary laws governing them. The regulations issued by the government agencies such as the by laws made by the local authorities are sources of law. They should be consistent with the constitution and are only made to govern those government authorities or departments only (Davis 333).

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The 18 year old girl does not deserve to be compensated though she was mistreated. Since she was a minor, she was not supposed to attend a nightclub or a social place for people of the majority age only (Blackstone and Lewis, 2008). The girl should not sue the nightclub management for the infringement of her rights but instead sue her friends who took her to the nightclub, for making the wrong decisions for her. The girl therefore does not deserve any compensation from the nightclub, instead should be sued for being in the wrong place (Public Affairs Information Services 254).

The policy at the Artesia House and Breakfast that it is not suitable for children under 12, is discriminatory. Children under 12 are minors and are dependent on their parents. The children should accompany their parents to Artesia House and Breakfast because they still need their attention and care. Leaving the children behind will amount to negligence of the children and parents can be sued.

A contract between laundry services and a hotel and linen company having ambiguous terms can be decided by a court by:

1. Determining the intention of the contract between the parties and all circumstances that were important when the contract was agreed (Bryce 63).

2. Reading and interpreting the contract as a whole and all writings forming part of the same transaction, so as to get the interpretation which most accurately carries the intentions of the parties to the contract.

3. The words are to be given their normal meaning by a court of law to show special meaning has been attached to the words for easy interpretation and understanding by the parties (Davis 401).


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