section a business law

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9 Terms

1
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Differences between private and public law

  1. Regulates rs between individuals vs between state and citizens

  2. Aims to protect individuals and settle private disputes vs maintain public order

  3. Involves individuals/companies vs gov

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  1. Written law

Laws that had gone through formal process of approval and have been reduced into doc form

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Written law

  1. Federal constitution

  2. State constitution

  3. Legislation

  4. Delegated legislation

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  1. Unwritten law

Sources that may not hv gone thru formal process of approval but still recognised by teh courts as laws

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Unwritten laws

  1. English law

  2. Judicial precedent

  3. Native/customary law

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  1. Islamic law

Applies only to Muslims, governed by state level shariah courts

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Terms

Rights and obligations of parties in a contract, they can decide on terms when they’ve entered into a contract

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  1. Expressed terms

Specifically agreed by teh contracting parties

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  1. Implied terms

Law implies into a contract even though the parties may not hv expressly stated them

  • not communicated/written

  • Read into the contract by the court to give business efficacy