Introduction to Business free essay sample

Secondary Legislation The legislative acts of the EU come in two forms: regulations and directives. Regulations are directly applicable meaning they become law in all member states the moment they are made, without the requirement for any implementing measures and automatically overrule conflicting domestic provisions. Directives are not directly applicable they require member states to achieve a certain result within time limits while leaving them discretion as to how to achieve the result. The details of how they are to be implemented are left to member states. The common law sources are: * Judicial precedent explained in question 2 * Institutional writings – explained in question 3 * Custom – explained in question 3 * Equity basically meaning equality and fairness When choosing which type of law source to use legislation is the most important, when there is no legislation in place then judicial precedent being the most influential of the common law sources should be the second choice. It is not the whole of the judgement that holds the precedent status; it is only the legal reason for the decision which is binding known as â€Å"ratio decidendi† Advantages of Judicial Precedent: * Enables solicitors to advise their clients as to whether the matter is worth pursuing or not, as they can quite confidently assume the probable outcome of the case. We will write a custom essay sample on Introduction to Business or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page * Different courts throughout the country are bound by the same precedent. Therefore the same outcome should be arrived at thus creating consistency of decisions made. * Judicial Precedents also provide help for less experienced judges in the lower courts. Example – Donoghue V Stevenson 1932 SC (HL) 31 On Sunday 26th August 1928 May Donoghue sat in a cafe with a friend. The friend ordered and paid for some ginger beer, which came in a bottle made from dark opaque glass. Donoghue drank some of the contents then her friend proceeded to pour the remainder of the contents of the bottle into the tumbler when a snail, which was beginning to rot, floated out of the bottle. As a result of the sickening sight of the snail, and the impurities in the ginger-beer, Donoghue suffered from shock and severe gastro-enteritis. She argued that the ginger-beer was manufactured by the defendant (Stevenson) to be sold as a drink to the public; that it was bottled with a label bearing his name; and that the bottles were then sealed with a metal cap by the defendant. Donoghue’s lawyer, Walter Leechman, claimed that it was the duty of the defendant to provide a system of working his business which would not allow snails to get into ginger-beer bottles, and that it was also his duty to provide a system of inspection of the bottles before the ginger-beer was filled into them, and that he had failed in both these duties and had so caused the accident.