revision

(Surname)2

Referencing: References should be provided for the sources you have referred to in your answers. Citations should be provided in footnotes in accordance with the OSCOLA referencing guide. These, and any other text in your footnotes, will be included in your word count. You are advised to use cross-referencing where appropriate. A bibliography/table of authorities is not necessary and will also be included in your word count if you include it so don’t include it . Word Count:. 1500 words in total

Please check the cases that you are using if they are ok as the names looks not clear as highlighted..

The footnote should include the citations in Oscola style ..

Question 1: (Employment Law)

Issues

The legal issues, in this case, are dishonesty, fraud, deceit, and misrepresentation of information.

Relevant Law

Federal legislation bans auto businessmen and women from misrepresenting either the mechanical condition or the terms and conditions of the warranty of their selling products, especially cars[footnoteRef:1]. For instance, one may have a claim against the car dealer if they have relied on a fraudulent or misleading claim to purchase a problematic vehicle. There are generally two types of claims relating to disappointing car transactions. A misstatement must not be included in the contract. In many situations, the alleged deception happened during pre-contract talks. [1: Klement A, and Procaccia Y, 'An Economic Analysis Of Reliance In Market Fraud And Negligent Misrepresentation' [2013] SSRN Electronic Journal]

Further, it should be noted that it may constitute misrepresentation if critical facts are not disclosed. For example, inability, in talks with a professional services business, to reveal overdue bankruptcies. Davis v. Re-Trac Mfg. Corp., 149 N.W.2d 37, 38–39 is one case file (Minn. 1967)[footnoteRef:2]. In such a scenario, when a party performs an independent inquiry as to the accuracy of its representation, and when the examination is insufficient to reveal the untruth of the representation, that party cannot avoid accountability by saying the other party must not have believed him thus making it unjustifiable. [2: Dr. Arthur Horowitz implanted a Dalkon Shield, an intrauterine contraceptive device made and supplied by A.H. Robins Company, in Janice Cohen in February 1972. She felt agony while walking, exercising, and having sexual relations while wearing the Dalkon Shield. Cohen was in Garberville, California, when the gadget was withdrawn, some five months after it was implanted. Cohen claims that the doctor who removed the Dalkon Shield informed her she had an infection and that the irritant was the Dalkon Shield. In this scenario, there were two concerns; 1Is there a legitimate argument as to whether Appert has misled Cohen and when Cohen has found the alleged deception in an attempt to toll the limitation status? 2. Is there really a serious question as to whether Appert has fraudulently concealed the facts supporting Cohen's accusations of legal misuse and violation of fiduciary obligations?]

Furthermore, in the 1970's Gross v Hillman case [1970], Ch 445[footnoteRef:3] case also illustrates a case of misrepresentation when the Court of Appeal determined that a successive land buyer cannot typically rely on the representation of the initial purchaser by a real estate agent? The second client was not considered as the original seller's agent. In 2017, however, the person trusting the information was OMV Petrom SA v Glencore International AG [2016] EWCA Civ 778 the representative if the document contains the false representations and the party or representative knows the information to be sent and relied upon[footnoteRef:4]. [3: G. Ltd., property dealers, were tasked by the complaint to find an office or store for an investment. The first defendants in Stockport ran a company, whereas the second defendants, estate agents, were reversed. J., who was also the head of the second defendants, had complete authority over the first defendants. J. had rented the store to H.Ltd., a sleeping wool company, along with three other stores whose shares had lately been bought by two brothers who were planning to build a wool chain. Two letters to the shop were provided by the second defendants to G. Ltd. They said in the first letter that H. Ltd. was granted a 21-year complete repair and rental insurance policy at £800 per year for the exclusive purpose of selling wool and hobbies, and that H. Ltd. also has retail locations in three additional cities. The second defendant responded that H. Ltd. was formed in 1928, had a paid-up capital of £5,000, and contained the banking reference for the leasing of an additional shop to H. Ltd., exclusive of £3 000 a year.] [4: International Labour Law Reports On E, 'UNITED KINGDOM: Court Of Appeal Yapp V. Foreign And Commonwealth Office [2014] EWCA Civ 1512' (2017) 35 International Labour Law Reports Online]

Application

The act of fraudulent misrepresentation consists of 6 parts, and the court must establish that the plaintiff retrieves all six components. These components include that the Tiana had misrepresented that the automobile had been on the road for two years. But Chrysanthe discovered that the automobile was owned by 2 prior owners and was five years old. Despite her promise to repair the worn-out tire, Chrysanthe realized that after signing the contract, Tiana failed. Second, Tiana realized that the representation had been untrue or produced it rashly without understanding if it was valid at the time and did so in order to have Chrysanthe rely on it. Chrysanthe relied on Tiana's knowledge to decide to acquire the automobile. This is because the Chrysanthe was reasonable to rely on the portrayal of Tiana. Chrysanthe, therefore, experienced damages because of the misrepresentation.

Conclusion

If a contractual party makes an accurate representation or declaration, the declaration is no longer valid before the contract is signed. For example, at the beginning of the buy, a declaration that a house has never flooded may be valid but untrue at a later point of the buy. The representative has an obligation to inform the representative of the change. If the representative remains silent, this might be a misrepresentation where a contract is a good faith contract or a trust relationship, such as an insurance policy. The insurer will not pay under insurance contracts if the insured party fails to disclose or falsifies important facts. The court must evaluate whether the non-disclosure was relevant in order to decide whether the insurer's choice to enter into this contract would not have been influenced by the lack of disclosure or misrepresentation.

Question 2: (English Legal System)

A) Differences Between Criminal and Civil Law

Civil law addresses conflicts between persons, corporations, or between the two, in which the sufferer is compensated. On the other hand, criminal law is the legal body dealing with crime and the legal penalty of offenders.

A case in civil law begins when one party files a complaint against another, who might be an individual, an organization, a partnership, or a corporation[footnoteRef:5]. The complaint party is referred to as the plaintiff, while the responding party is referred to as the defendant, with the processes being referred to as litigation. However, in criminal law, the indictment is conducted by the administration, sometimes known as the State, which a prosecutor administers. [5: Hendry J, 'The Hostile Environment and Crimmigration: Blurring the Lines Between Civil and Criminal Law' [2020] SSRN Electronic Journal]

Punishment is among the most noteworthy difference between civil and criminal law. A guilty person may face incarceration, a penalty, or even the death sentence in the framework of criminal law. Under civil law, the losing side must compensate the claimant, but, in criminal law, the judge's loss is punitive harm.

The burden of proof in criminal law falls on the government to establish that the defendant is guilty. On the other hand, the burden of proof regarding civil law lies first with the complainant and subsequently with the defendant in refuting the proof supplied by the plaintiffs.

Civil law examples include Issues between landlord/loyer, divorce, child custody, property disputes, personal injury, etc. On the other side, criminal law claims include theft, assault, robbery, trafficking, murder, etc.

B) Types of Delegated Legislation

Introduction

Delegated laws are laws of a person or body other than parliament, yet having parliament's authority[footnoteRef:6]. So, what the government frequently did is pass an 'enabling act' that establishes the general structure of the change it decided on and then empowers some subordinate entity, frequently a minister, to place particular rules to complete the plan. [6: Sarda M, 'Judicial Control Over Delegated Legislation' [2016] SSRN Electronic Journal]

Types of Delegated Legislation

Delegated legislation is divided into three major categories. These are:

1) Bylaws

2) Statutory instruments.

3) Orders in Council.

Advantages of Delegated Legislation

Parliamentary time on relatively unimportant issues is saved. In order to decide what local regulations should be established, local knowledge is typically desirable. The municipal authorities are consequently assigned this job. Delegated legislation is much faster than an Act of Parliament. This can be a benefit in cases where crises or unanticipated issues need changes in legislation. The minister concerned can examine the details of the delegated legislation and provide parliament its whole more time to focus on the broad ideas of the enabling Act.

Disadvantages of Delegated Legislations

The fundamental objection of delegated legislation is that the legitimately elected House of Commons is removed from the legislation. Instead, the authority to enact law is assigned to elected officials and experts under the supervision of a government minister.

The challenge of accountability is that the parliamentary power is transferred, sometimes through a number of 'layers,' to a minister of government, a department, and then, eventually, to a panel of experts.

Conclusion

Although delegated legislation has advantages, the downsides all surround the problem of transparency because the legislative body takes away from the legitimately elected Parliament legislation.

Question 3: (Intellectual Property Law)

Types of Intellectual Property Rights

Introduction

Intellectual property refers to the immaterial property that the human intellect creates, such as a design, a phrase, or a tale[footnoteRef:7]. While the intellectual property itself is ethereal, protected ideas are often exhibited in tangible formats, including mini-working models and three-dimensional prototypes. Intellectual property (IP) is a sort of immaterial property protected by law that comprises the human mind's creative creations. [7: Iqbal U, 'Opinion on Release Issue - Intellectual Property Rights: Open Access Volume 4 Issue 1' (2016) 04 Intellectual Property Rights: Open Access]

Copyright law

Copyright gives the exclusive legal right to reproduce, distribute, sell or distribute something. But this thought has more. Copyright protects the expression of ideas or concepts rather than an idea or notion. Many books about the subject of global warming can be published, for example, but any book that expresses the notion of global warming differently may be copyrighted. In order to qualify for copyright, a work must fulfill three fundamental criteria: The work should be fixed, long-lasting, substantial, expressive, original, and innovative.

Federal legislation permits the official registration of copyrights with the United States Copyright Office, the government's office, which registers original documents and awards copyrights. However, common-law copyright protects an original work and comes into being once work is placed into a fixed, lasting, physical medium of expression. Of course, registering copyright technically makes sense. The world is made aware of the copyright and determines the period when the copyright has been created.

A patent

A patent protects the intellectual property of innovation, process, or machine. While copyright exists as soon as an item is made, patents are only awarded when a creator can prevent others from using the innovation without authorization by the U.S. Patent and Trademark Office, which records innovations, issues patents, and registers trademarks. This coverage lasts 20 years from the patent's issuance for utility patents and 24 months for design patents. The 1790 Patent Act was Congress' first patent law to shield innovators against the unlawful use of their creations[footnoteRef:8]. [8: 'Intellectual Property Rights and Innovation — The U.K. Patent Reform Proposals and Patent Information' (1985) 7 World Patent Information]

More than 10 million patents and significant advances and valuable innovations have been issued by the U.S. Patent and Trademark Office and some more on the nature of novelties. In 2004, GoPro, a maker of action cameras, got a harness patent to securely connect its cameras to a camera user so that the camera does not dislodge during heavy activity. Another illustration was a patent for an appliance affixed to a car in 2000 to assess whether a pedestrian was hit by the vehicle. And in 1989, a patent for a smoker's hat was issued, which incorporated a fan for the smoke of a smoker. The hat has a mechanism that filters impurities out of the smoke and then exhales the cleaned air into the surroundings.

Conclusion

The expression of ideas, concepts, and innovations is intellectual properties. People who make these items can safeguard them so that they can be used by no one else without the inventor's consent. Various categories of property can be protected by various common laws or legislative legislation. The provision of a patent, copyright, or trademark is the protection of intellectual property.

Bibliography

Hendry J, 'The Hostile Environment and Crimmigration: Blurring the Lines Between Civil and Criminal Law' [2020] SSRN Electronic Journal

'Intellectual Property Rights and Innovation — The U.K. Patent Reform Proposals and Patent Information' (1985) 7 World Patent Information

International Labour Law Reports On E, 'UNITED KINGDOM: Court of Appeal Yapp V. Foreign and Commonwealth Office [2014] EWCA Civ 1512' (2017) 35 International Labour Law Reports Online

Iqbal U, 'Opinion on Release Issue - Intellectual Property Rights: Open Access Volume 4 Issue 1' (2016) 04 Intellectual Property Rights: Open Access

Klement A, and Procaccia Y, 'An Economic Analysis of Reliance in Market Fraud and Negligent Misrepresentation' [2013] SSRN Electronic Journal

Sarda M, 'Judicial Control Over Delegated Legislation' [2016] SSRN Electronic Journal