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Law University standard essay
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| Words: 1950 | Submitted: 02-Dec-2007
N/A | Number of pages: | Filetype: Word .doc
Description1- Comparison between civil and criminal laws
2- Comparison between an offer and invitation to treat
3- Tort of negligence. its defence and remedies
Criminal law: This is another law that is created by statutes, a law that concerns relations between individuals and the state. Some acts of this law are Theft Act 1978 and Trade Descriptions Act 1968. Two elements are needed to be proven beyond reasonable doubt to create a criminal offence. These elements are the guilty mind (mens rea) and the guilty act (actus reus). Actus reus means committing the act whereas mens rea means the intention to commit the act. Crimes are sub-divided into two categories, less serious and serious crimes. For less serious crimes such as defective products, only actus reus is required, and the defendant of such a crime will often be convicted of a strict liability (liability without fault). Taking a case of a less serious crime which involves unlawful selling of goods is that of PHARMACEUTICAL SOCIETY GB v STORKWAIN in which held that a retail chemists business was convicted of strict liability for dispending prescribed drugs (actus reus) on invalid prescription. For serious crimes such as murder both actus reus and mens rea need to be proven and conviction leads to punishment.
Conclusion: As we can see criminal and civil laws are common and different in certain aspects. A strong factor that makes them in common is that both laws ensure rights of individuals between each other. An example of a civil case is SIMPKINS v PAYS (mentioned above) whereas an example of a criminal case is R v KITE and OLL ltd in which held that the managing director and company were responsible of the death of six form students. Both mens rea and actus reus took place in that case, therefore considered as a serious crime.
In cases of criminal law, fines go to the state. An example to such case is R v KITE and OLL ltd (mentioned above). In other words this law is made to protect the whole society in general.
Civil law only aims to compensate the victim. E.g. SIMPKINS v PAYS.
An offer: This is the agreed terms on which the offeror and offree are bound by. An offer can only be accepted as it stands without any alteration of its terms. An example of an offer could be; “do you wish to buy my car for £2000?”
If this offer is accepted, a contract between the two parties would be formed, and therefore can’t be terminated unless the two parties agree to this. If the offer isn’t accepted, there would be no contract.
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