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College of Estate Management K103LAW Assignment 1
INTRODUCTION TO LAW
K103LAW
Assignment 1
0703013
16 June 2008
16 June 2008 0703013
Introduction to Law
College of Estate Management K103LAW Assignment 1
CONTENTS
1.0 QUESTION 1 ................................................................................................................................................1
2.0 QUESTION 2 ................................................................................................................................................2
3.0 QUESTION 3 ................................................................................................................................................4
REFERENCES
16 June 2008 0703013
Introduction to Law
College of Estate Management K103LAW Assignment 1
1.0 QUESTION 1
Write a 300-word explanation of how the three examples of primary or delegated legislation that you found for Activity 1.1 affect your workplace. (10 marks)
(Word Count 325)
The sheer quantity of legislation needed to be approved every year to regulate the economic, social
and welfare sectors of the UK would be problematic and not least, extremely time consuming if left
to parliamentary resources. It has therefore become common practice in English Law for enabling
acts to be passed to empower persons or organisations to make the necessary regulatory changes
within their specialized sector. (Galbraith et al, 2007).
This system of administering nominated power is known as Delegated Legislation, and is
exercised from three main sources:
• Orders in council (power usually derived from the privy council, occurring in extreme
or emergency circumstances),
• Statutory Instruments,
• Bye-laws from Local Authorities or government endorsed public bodies.
The Building Act (1984) provided a framework that enabled the Building Regulation of 2000 (SI
2000:2531) to be imposed upon the UK construction industry, to ensure minimum standards are
achieved. This has had wide reaching implications throughout both contracting and professional practices
since its inception. Conformity to the standards that have been set out is obligatory and enforced by the
local authority under section 35 and 36 of the Building Act.
The Health and Safety at Work Act (1974) initiated the Construction Design and Management
(CDM) Regulations (recently updated in 2007), providing Approved Codes of Practice for
compliance with the regulations endeavoring to make stakeholders on building projects
accountable for issues such as risk allocation and health and safety.
The advantages of delegated legislation is obvious, the power to make well informed decisions
is in the hands of the experts, the changes can be carried out rapidly and offers flexibility in
tackling issues. However problems result from the lack of scrutiny and ultra vires nature of
power in the hands of the few.
16 June 2008 1 Introduction to Law 0703013
College of Estate Management K103LAW Assignment 1
2.0 QUESTION 2
In about 300 words, explain why tribunals are important to the justice system and outline the role of the Tribunal Service and the Council on Tribunals.
(10 marks)
(Word Count 338)
Since the end of the Second World War, Parliament has, through the application of various Acts
created and given ever growing power to tribunal systems. Tribunals are formed by both statute,
and through public or organizational consensus. Today, a significant assortment of tribunals exists,
dealing with disputes from various elements of both the social and economic sectors of the UK
(from asylum to agricultural land). Tribunals can be deemed advantageous as they offer specialized
and well informed decision making, in what can be a relatively informal setting allowing for
financial and work load savings to the ordinary court system. Additional pro’s and con’s are listed
below.
Key advantages of tribunals:
• can offer early resolution to a dispute though mediation and the possibility of
early settlement
• No specialized court building required, staffing costs are kept down by
discretionary nature of representation.
• Legal procedure not requisite
• Offers flexibility as not bound by precedent
• Accessible forum for grievances
• Lack of publicity offers privacy to parties involved in hearings
Key Disadvantages of tribunals:
• Procedure not robust enough and can breed confusion and be undermined
• Lack of publicity hinders scrutiny
• Can incur high costs to public funding
16 June 2008 2 Introduction to Law 0703013
College of Estate Management K103LAW Assignment 1
In addition to the control by the courts, tribunals are subject to the supervision by the
Administrative Justice & Tribunals Council (AJCT), which has supplanted The Council of
Tribunals (CoT) in the 2007 Tribunal, Courts and Enforcement Act. The CoT was established
in the Tribunal and Inquiries Act of 1958 and endeavored to ensure that tribunals were working
to the benefit of the field that they represented. This was achieved by constant review from the
council appointed by the Lord Chancellor (Kelly et al, 2005).
A defining point in the development of tribunal coordination has been by the recommendations
by the Leggatt review in 2002. A central part of this was the unified administrative service which
has subsequently been installed. The Tribunal Service is the independent administrative channel
for the core government tribunals, initially representing the 10 largest systems at
commencement; a number which today has doubled.
.
16 June 2008 3 Introduction to Law 0703013
College of Estate Management K103LAW Assignment 1
3.0 QUESTION 3
Write up your findings for Activity 1.7 in 200 words. State the principal factors that are taken into account when deciding whether an agreement is a lease or a license, and comment on whether Empire Ltd is in breach of the lease term. (10 marks)
(Word Count 375)
The court will attempt to look past the labeling of the agreement and assess whether it conforms to
the traits of either a license or a lease. A lease grants exclusive possession over a fixed period of
time, where as a license is a permission to do something in relation to land which would otherwise
be considered a trespass. In Thomas v Sorrel (1674), Vaughn CJ affirmed that “A license properly
passeth no interest, nor alters or transfers property in any thing but only makes an action lawful,
which without it had been unlawful”
Snook v London & West Riding Investments Ltd (1967) showed that in instances such as this, the
exact operation of the agreement will have to be investigated in determining whether “…the
appearance of creating between parties legal rights and obligations different from the actual legal
rights and obligations which the parties intend to create” (Diplock LJ). If indeed Empire reserved the
right of entry and allocation of rooms (and was not a ‘sham’) it would be held to be a license
agreement, as it does not involve any transfer of exclusive possession. This sentiment has been set in
precedent in Street v Mountford (1985).
The issue of leases in property is highly contentious, as agreements often go in the face of
modern contractual ideals, often it is the courts decision on how much contractual principles are
applied (Smith, 2003). While Card et al (2005:543) claim that “previous case law should be
regarded as laying down guidelines and not setting precedent”.
Further consideration will be to whether the landlord has been reasonable in his refusal for granting
consent for Empire to sublet. The Landlord and Tenants (Covenants) Act 1995, makes it necessary for the
landlord to pre-define instances whereby consent will or will not be granted. If the landlord has failed to
provide reasonable grounds for not given their consent, it could be construed as a liability in tort for
breach of statutory duty, if so Empire can claim a mandatory injunction against the landlord and obtain
damages (Card et al, 2005). The nature of Allan’s
16 June 2008 4 Introduction to Law 0703013
College of Estate Management K103LAW Assignment 1
business activities on the property will come under scrutiny. The court might uphold the refusal
if the sub-lettee is engaging in undesirable endeavors on the leasehold in relation to the original
covenant.
16 June 2008 5 Introduction to Law 0703013
College of Estate Management K103LAW Assignment 1
REFERENCES
Card, R. Murdoch, J & Murdoch, S. 2005. Estate Management Law. Sixth Edition. Oxford University Press. Oxford, UK.
Duxbury, R. 2005. Nutshells – Contract Law. Seventh Edition. Sweet & Maxwell. London, UK.
Galbraith, A. Stockdale, M. Wilson, S. Mitchell, R. Hewitson, R. Spurgeon, S. Woodley& Devenport, A. 2005. Galbraith’s Building and Land Management Law for Students. Fifth Edition. Elsevier-Butterworth Heinemann. Oxford, UK.
Kelly, D. Holmes, A. Hayward, R. 2005. Business Law. Fifth Edition. Cavendish Publishing Ltd. London, UK.
O’Sullivan, J & Hillard, J. 2004. The Law of Contract. Oxford University Press. Oford, UK.
Smith, R. J. 2003. Property Law. Fourth Edition. Pearson Education Ltd. Essex, UK.
Trietel , G. H. 2004. An Outline of the Law of Contract. Sixth Edition. Oxford, University Press. Oxford, UK.