1.This file will evaluate whether the legal system implemented in India comply with Hart’s three-part legal system. Furthermore, this file will compare the Australian legal system with Indian legal system. Herbert Lionel Adolphus Hart developed a three-party legal system based on primary and secondary rules which apply to a country. The Indian legal system is based on the legal system of the United Kingdom. The Indian legal system has developed a system in which both primary and secondary rules exist. The Constitution provides separation of power between the judiciary and executive authorities, and it was established in 1950, and since then it has amended 101 times. The Constitution provides the power of lawmaking to the parliament in India based on which they can implement new laws or amend previous once. The sources of law include legislation, constitution, customary law, and case law. The government has the power of proposed laws in the parliament based on gaps in the legal system, and the ministers in the parliament argue whether such proposed law (bill) should be accepted. There are two parliamentary bodies in India which include Rajya Sabha and Lok Sabha.
The Constitution clearly defines the process of lawmaking. The government proposed a bill in the parliament, and both the parliamentary houses (Rajya Sabha and Lok Sabha) argue whether it should be a law. After receiving acceptance on the bill for the parliament, it is sent to the President for signature after which it becomes law and applies to the country. The Constitution clearly defines the laws which are required to comply by everyone in the country and breaching of such regulations resulted in legal consequences. The Constitution has divided judiciary power between courts, and there are different courts for entertaining criminal and civil matters. The Supreme Court is the highest judiciary entity, and it has the power of judicial review as per article 32 of the Constitution based on which it can check the working of the government. The judgment of higher courts is required to comply with lower courts, and the parties of a suit can appeal against an order if they are not satisfied with the judgement of the court. The Indian legal system complies with the provisions given by Hart’s three-part legal system.
Rules of Recognition
HLA Hart stated that rules of recognition from the foundation of a legal system and it provide rules which are required to comply with both private and government officials. Similarly, Indian legal system provides a number of primary rules which are required to comply by citizens and the government officials. These are determined as primary rules which are mandatory to be followed by every party. Furthermore, the process of creating and ascertaining the validity of a law is clearly defined by the Constitution as well.
Rules of Change
In Indian legal system, the sources of law are clearly defined along with the process of changing, adding, removing and deleting the laws. Furthermore, the Supreme Court has the power to analyse the lawmaking process of the government which avoids misuse of the legal system. The old laws are reviewed by the government as well to introduce new laws that replace them.
Rules of Adjudication
The Constitution clearly defines the adjudication process in Indian legal system, and different courts are established in the country that entertains both criminal and civil cases. The ruling of a higher court applies to other courts, and the parties of a suit have the right to apply for an appeal if they are not satisfied with the ruling.
The Australian legal system is very similar to the Indian legal system as both of them are based on English law, and they comply with Hart’s three-part legal system. In Australia, the Constitution of 1901 clearly defined the executive, judiciary and legislative powers and it distributes it between different authorities. The Constitution is the key document which is also based on a number of primary and secondary rules. Similarly, in Indian legal system, the Constitution is the key document which provides provisions regarding judiciary, legislative and executive duties. In Australia, the government is authorised to propose the law in the parliament which is accepted after arguing its importance. It is implied on the country after the royal assent of the Governor-General. A similar procedure is applied in India as well however the President signs the bill to authorise it as a law. The judicial system of both the countries is similar as well. The judgment of higher courts are applied to smaller courts, and the parties have right to appeal. Furthermore, the provision for adding, deleting, removing and amending the law is clearly defined by the Constitution of both countries. Conclusively, both the countries have a similar legal system that complies with the provision of Hart’s three-part legal system.
2.Issue
The main issue, in this case, is the validity of the contract between Angelo and Barry based on the fact that Angelo posted a misleading advertisement?
Rule
While entering into a contract, it is important for parties to differentiate between an offer and an invitation to treat since only one of them establish a legal relationship between parties. In case of an offer, the party making such offer is called offeror, and the party which is receiving such offer for acceptance is called offeree. An offer requires commitment for the offeror in a way that if the offeree accepts the offer, then both the parties are bound by its terms. An offer becomes a contract after acceptance for the party. However, an invitation to treat does not require commitment from the parties. In an invitation to treat, the parties are not bound by a legal contract because an invitation to treat cannot accept by the parties. It is just an invitation for entering into a legal contract based on which the party has to contact the person in order to establish a contract. It focuses on the supply of information to parties in order to attract them for a contractual relationship. In Pharmaceutical Society of Great Britain v Boots (1953) 1 QB 401 case, a company introduce a self-service system in which customers can pick up goods from shelf and take them to the cash counter to pay. An action was filed against this system by the Pharmaceutical Society of Great Britain for sale of pharmaceutical products in the shop because the law provides that they should be sold in the presence of a pharmacist.
The Court of Appeal held that goods which are displayed on a shelf could not be treated as an offer instead they are an invitation to treat. Customers have the option to take the goods and make an offer to purchase at the cash counter, and the shop assistants have the option to either accept or deny such offer. Therefore, the contract is concluded in the presence of a pharmacist. Although corporations can post advertisement to invite people to purchase their products however they have to comply with the provisions of the Consumer and Competition Act 2010. The Schedule 2 section 29 of this act defines a party’s liability to post a misleading advertisement to attract other parties. Misrepresentation is use of misleading or false face by a party for inducing another to create a legal relationship. In case of misrepresentation of a fact during construction of a contract, parties can claim for damages. In Smith v Land and House Property Corp (1884) 28 Ch D 7 case, a party sold his property by stating that the tenant is ‘most desirable’ Later, the tenant becomes insolvent, and the aggrieved party sued the owner. The court held that use of misleading and false statement to create a contract is misrepresentation based on which aggrieved party can claim for damages.
Application
The advertisement posted by Angelo contains wrong information such as the monthly profit is $20,000 and there is no competitor of the business. These statements are not offered because they are just supply of information and parties have to contract Angelo for giving their acceptance to purchase his business. Therefore, Angelo cannot be bound by the false statements of his advertisement (Pharmaceutical Society of Great Britain v Boots). However, Barry can demand damages as per the Consumer and Competition Act which provides that giving misleading or false information constitutes as misrepresentation (section 29). Based on this act, Barry can demand damages for Angelo since he misleads him into purchasing the business by posting a false advert. When Barry asked Angelo about the monthly expenses of the business, he told him that they are $8,000. However, Barry later found out that the actual monthly expenses are $8,500. Angelo provided him wrong information for inducing him into signing the contract. The aggrieved party of misrepresentation in a contract can demand damages (Smith v Land and House Property Corp). Thus, Barry can file a suit against Angelo for giving him wrong information at the time of contract, and he can demand damages from him.
Conclusion
Therefore, the advertisement posted by Angelo was not an offer because it requires parties to contact him in order to accept the offer. However, Barry can file a suit against him based on the Consumer and Competition Act since parties cannot use the misleading or false information to induce parties to a contract. Furthermore, Barry can claim for damages because Angelo provides wrong information to him regarding monthly expense
3.Issue
The main issue is whether Barry can claim for a breach of the contract against Angelo?
Rule
The parties to a contract have to comply with the guidelines given in the contract, or else it can cause legal consequences. The parties which did not comply as per the guidelines of a contract are held guilty of breaching the contract. The aggrieved party at the time of breach of the contract has the right to take legal action against the breaching party. The parties can only demand damages which occurred due to the breach of the contract as given in Pilkington v Wood (1953) Ch 770 case. In this case, a party sold his property to another however he did not tell him that it has a defective title. After some time, the owner gets a new job, and he has to relocate to a new location. However, he faces difficulty in selling the property because of its defective title. He filed a lawsuit against the previous owner claiming that he breached the contract, and he demanded damages from him for selling him a property with defective title and damages because he was not able to sell the property. The court provided a judgement that the party has the right to claim for damages since the previous owner breached his contract for not providing him information about the breach of the contract.
However, the court provided that the party cannot claim for damages because he had to relocate and sell his property because it was not included in terms of the contract. In case of a breach, there are a number of remedies available for the parties to a contract. One of the remedies is repudiation of the contract in which the party demand for termination of the contract and along with it termination of his/her legal rights and liabilities. Another remedy is rescission in which the party is put to the pre-contractual situation which assists them in avoiding damages. The aggrieved party can demand an injunction from the court in which the court gives an order to stop the party from performing or not performing an act which resulted in breach. The aggrieved party can also demand monetary rewards from the party as damages. Furthermore, the aggrieved party can demand specific performance in which the court enforces the breaching party to perform a specific action to avoid the breach of the contract.
Angelo did not Barry that the van was on a lease. Barry also has to pay the lease amount which increased his monthly expenses. Barry has the right to claim for breach of contract and demand for remedies. Barry can claim for rescission of the contract in which he can demand to put in the place where he should have been in Angelo does not breach the contract. Furthermore, he can claim for charges that he had to pay for the lease of the van (Pilkington v Wood). Barry can claim for rescission and demand full payment of $15,000 from Angelo. He also paid charges for the lease which he can also claim for Angelo. In case of the loader, the information about its working condition was not given in the contract. Furthermore, no conversation took place between Barry and Angelo regarding its working condition. Thus, due to the ambiguity of the contract, Barry will face difficulty in claim for damages regarding the loader.
Conclusion
Therefore, Angelo has breached the contract based on which Barry can claim for remedies. He can demand full repayment of $15,000 and additional charges that he paid for the lease of the contract. He might face difficulty in claiming money for the loader because no information was available in the contract regarding its working condition.
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