Write on the various origin and classifications of law: Contract, Discrimination, Negligence, Administrative law, Statutory law, Hospitality law, Constitutional law, Common law,
Justice: the scale that pits society’s ills to the human virtues; it is what sets human beings apart from the beasts of the field, giving equality to the hounds and the prey in the people-eat-people society of today. It is not only that justice should be served, but it should also be seen to be served; therefore, it has to be a herald to the epoch of the human species civilization. Law is the science of justice divided into civil and criminal branches, each having different attributes, penalties, and remedies.
To begin with, there are two fundamental classifications of law: civil and criminal. In the latter’s case, the means to redress the wrong is through punishing the wrongdoer so that a strong impression is left on them to avoid a recurrence of either the same or a similar crime. Consequently, justice is meted upon this person to reform them where possible while also satisfying the society that the person’s retribution is equal to the crime they committed. On the other hand, civil law is mainly concerned with redressing the wrong done through either restitution or compensation (Robertson 167). Arguably, one is not punished: they only suffer enough harm to turn the injustice done into good.
Civil law includes individual rights, torts, family, property, contract, and environmental law. The legal remedy to the contract breach seeks to compensate the plaintiff by returning them to the position in which they were before the infringement of their rights (Merryman and Rogelio). They may include a mandatory injunction, nominal damages injunction, compensatory damages, and recession. Some of the violations involved in criminal law are theft, assault, and rape. The remedies therein range from jail time to death sentences, which are available in some states and countries.
The categorization of any wrongdoing in the community differs mostly on how the cases are initiated: the decision reached, the type of punishment imposed, and the standards of proof needed. Although the legal system is not flawless and may sometimes fail to uphold the epitome of all societies’ ethical conduct, its progress is slowly but surely metamorphosing to achieve the highest standard in determining the scale of Judgment.
The possibility of leadership in any environment depends on the leader being able to control the masses and convince them that progress and their rights are being upheld to the best of their ability. Any failure to do so results in anarchy and rebellion against the dictatorial rule and votes out in the case of a country with democratic governance. One way a regime upholds the rule of the land is through making and enforcing laws to enforce the rights of every citizen under their jurisdiction. Government involvement significantly extends its influence in the different classifications of law through its three branches. In this regard, the government operates under the principle of separate power, which is divided into three groups, each independent of the others. They coordinate the legal process: whereby the legislature makes the law, the executive enforces it, and the judiciary is involved in its interpretation. Different types of laws are used to uphold the rule of the land and influence the outcome of a case.
Common laws consist of unwritten rules based on the ancient law of England and judgments contained in the reports of decided cases; they are used in situations whereby the outcome of the decision made is not provided for in the current local laws. The legal case that establishes the guideline for common law usage is known as authority or precedence, also referred to by its Latin name stare decisis.
It is a body of law used to define the power, structure, and role of different entities in a country or state, the same as the rights of its citizens. The Constitution is crafted by the legislature, which in the USA consists of Congress members (Sullivan). It enables the delegation of power to the three branches of government to avoid power concentration on an individual or group of individuals.
These laws encompass the social and legal practices aimed at protecting hosts and guests against any intentional or accidental injury. They cover the hospitality businesses, lodging, food and beverage, travel and tourism, and entertainment and recreation.
These are laws varying from administrative to regulatory rules set down by a body of the legislature or judiciary in the form of common law.
These refer to the body of law governing the legal principles associated with creating, regulating, and administering government agencies at the state, local, and federal levels.
In legal circles, professional responsibility is required for any professional stationed in a workplace. One such injury occurred may be due to negligence, defined as the failure to take care in avoiding harm to a person within the working environment. The law of torts covers it, and the amount recovered varies according to various factors. Tort law extends to the duty to rescue concept, whereby doing nothing to mitigate a person in peril could result in a lawsuit. In establishing a tort, two factors are considered, the first being that the plaintiff has to prove that a duty of care was owed to them by the defendant. It does not matter whether a servant or an independent contractor committed the tort; it would still stand due to the respondeat superior and non-delegable duty provisions in the tort. Secondly, they have to prove that the defendant failed to provide a standard of care, so they placed themselves in a position of a tortfeasor. The defendant, in this case, could be the licensee, who is there for enjoyment: an invitee in the premises for the owner’s benefit or a trespasser. Tort law can be extended to other people in the vicinity who are hurt through the plaintiff’s action, even though they were not at the premises at the time of injury. One such legal provision is the rescue doctrine meant for injured rescuers.
Another factor that is considered when the plaintiff is on the premises is whether the defendant’s liabilities occurred under the defendant’s strict or absolute liability. The contrast lies in the fact that in the former, one is liable if they can be shown to have “a guilty mind,” while in the latter, there is no defence except for a situation brought about by an act of God (Coode). In both cases, however, the burden of proof lies with the plaintiff in convincing the court that they were not to blame for the incident resulting in a reduced compensation burden.
For the plaintiff, several strategies to reduce or do away with the claims are available through legal means. One of how a plaintiff can defend themselves is by using the last clear chance; the negligent plaintiff may lessen the liability claims if they can show that the defendant had the last opportunity to avoid the injury. However, the impact of such claims can be further reduced if the defendant demonstrates that the plaintiff knew and assumed the risks associated with the dangerous activity leading to the accident. Another line of defense lies in the Good Samaritan laws, which would protect and diminish the claims if the plaintiff offered aid to an injured or ill defendant. In some states, comparative or contributory negligence can be claimed; the former demands only a marginal percentage of damages, while the latter does away with it altogether (“Types of Negligence”). In cases involving negligence, the plaintiff is responsible for the damage caused; the only question is how liable they were in the incident leading to the lawsuit. It is substituted by the amount that they have to pay for compensation.
All in all, negligence lies under civil law; although the plaintiff may argue towards the defendant’s knowledge and sense of responsibility, the burden to enforce safety standards in a premise lies with the owner. This responsibility extends to other parties that have been given the right to work in the premises or workplaces, including servants, employees, and independent contractors, as their actions are taken as an extension to the owner of the premises.
Discrimination designates any conduct towards a person belonging to a particular group according to their classification, rank, or order. It may occur between individuals or groups of different ethnicity, tribe, gender, or race. Discrimination is a societal ill that is sought to be redressed through legal means in any institution and establishment, and any form of bigotry entails exclusion or rejection. According to the Civil Rights Act enacted in 1964, law outlaws discrimination based on sexual orientation, age, gender, race, national origin, and physical disabilities, among others (“Civil Rights Act Of 1964”). The law also holds for places of establishments and hospitality businesses as a whole. Arguably, it means that any public establishment should not close its doors to any person because of prejudice or discrimination (Murphy). However, private clubs have the right to admit only certain people based on their scope of patron’s membership policies.
Discrimination, which is a form f social injustice, can only be remedied through legal means. One of the methods is a judicial remedy that seeks to either enforce or impose a penalty for damages experienced. These may take the form of emotional, physical, or psychological pain. Another method a person would undertake is asking the court to issue an injunction to the plaintiff; disobedience of the order results in punishment for contempt of court. However, the laws allow the right to refuse a service based on the customer’s conduct, which may include rudeness and troublesome customers. Thus, any refusal of service should be based on the customer’s behaviors but not aimed at a group of people.
Contract formation involves any agreement made ranging from the simplest to the most complex multifaceted business transactions; the parties involved should agree to the obligations necessitated in the contract. Therein, simple contracts obligate the seller of the goods to exchange them for a fixed agreed amount. Therefore, a contract constitutes a spoken or written agreement concerning tenancy, sales, or employment, which is enforceable by law (Blum 2). In a more complex one, a detailed promise to ensure enforceability is needed; it must be in writing, signed by both parties, testified by independent witnesses, and formerly sealed and delivered to all parties. A law breach may occur in several ways, which include material, fundamental, anticipatory, and technical violations. Arguably, it may lead to several consequences, as noted in the contract, which will ultimately affect the plaintiff. Such violations may occur through torts and negligence.
One of the cases that caused quite a stir is that of David Scheiding, an avid Arby’s customer, who found a thumb in his chicken sandwich (“Food Detectives Are on the Case”). The emotional and psychological pain that this incident caused the man resulted in a $500,000 claim granted by the tort court. Even more considerable claims have resulted throughout the years due to negligence; one of the cases that featured prominently nationwide led to the death of four children and the hospitalization of six hundred customers due to an E. coli outbreak. It cost the restaurant $15.6 million (“How U.S. Consumers Hold Producers liable”).
If the law is legally binding, its breach will amount to compensation determined by the rule of law. In the incidences mentioned above, the hotelier’s responsibility to their customers requires duty and standard of care; therefore, any incident that occurs on the premises faces retribution as a tort or negligence. With these contract requirements in mind, any interaction between a business and its customers must be fulfilled to ensure flawless transactions and avoid breaches.
Blum. Brian A. Contracts: Examples and Explanations. 4h ed., Aspen Publishers, 2007.
“Civil Rights Act Of 1964.” National Park Service. n.d., www.nps.gov/articles/civil-rights-act.htm. Accessed 5 Mar. 2018.
Clark, Marler. “How U.S. Consumers Hold Producers liable: A Civil Litigation Lesson in the U.S. Market.” Business Wire, 21 September 2008, www.businesswire.com/news/home/20080921005034/en/William-Marler-Address-International-Food-Safety-Conference. Accessed 5 Mar. 2018.
Coode, Bruce. “Strict Liability v Absolute Liability.” Coodecorry, 3 August 2016, coodecorry.com.au/strict-liability-v-absolute-liability/. Accessed 5 Mar. 2018.
Merryman, John, and Rogelio, Perdomo. The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America. 3rd ed., Stanford University Press, 2007.
Murphy, James. “Public Accommodations: What Is A Private Club?” University of Montana school of law, 1968, scholarship.law.umt.edu/cgi/viewcontent.cgi?article=2223&context=mlr. Accessed 5 Mar. 2018.
Robertson, Ian. Animal, Welfare and the Law. Routledge, 2015.
Schodolski, Vincent. “Food Detectives are on the Case.” Chicago Tribune, 16 June 2006, articles.chicagotribune.com/2006-06-16/news/0606160149_1_arby-denny-lynch-finger. Accessed 5 Mar. 2018.
Sullivan, John. “How Our Laws Are Made – Learn About The Legislative Process.” Congress Government Resources, 2007, www.congress.gov/resources/display/content/How+Our+Laws+Are+Made+-+Learn+About+the+Legislative+Process. Accessed 5 Mar. 2018.
“Types of Negligence.” The Gallagher Law Firm, gallagher-law-firm.com/types-of-negligence/. Accessed 5 Mar. 2018.
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Published On: 01-01-1970