A-Level Law in Action by Brenda Mothersole, Ann Ridley (auth.)

By Brenda Mothersole, Ann Ridley (auth.)

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2 Answer the question Note the phrasing of the question. You are often required to 'advise ' the character or various characters as if you were advising a client (this you should do in the third person), or you may have to: 'Explain the liability of ; 'Explain the defences available to .. ' or 'Discuss (certain issues)'. INTRODUCTION • It is essential that you take a balanced view and if a point is arguable, that you put both sides of the argument. • If asked to advise a person, explain why he cannot sue as well as why he can, why a prosecution is possible or not possible.

Civil wrongs, which are infringements of a right recognised by civil law, may take the form of a breach of contract, a breach of trust or a tort. Criminal wrongs include the unlawful killing of another, offences against the person such as assault, theft and criminal damage to property. Of course the aims and functions of the two branches of the law are different. The criminal law seeks to control and discourage what may be termed 'anti-social' behaviour. It may be difficult to see any real similarity between the offences of, for example, murder which most people would agree cannot be sanctioned in any society, and parking on double yellow lines or some of the so-called 'victimless' crimes like taking prohibited drugs or insider dealing (which is committed when a person who has certain unpublished information about a company deals in the shares of that company with a view to making a profit or avoiding a loss).

But the circumstances where the courts are willing to do this are few, and the important general principle is that the company is separate from its members. Nowadays, the most common way of establishing a company is by registration under the Companies Acts, but there are other possibilities. In the early days of the joint stock company, many were formed by Royal Charter - the Hudson Bay Company is an example . A petition is addressed to the Privy Council asking for the grant of a charter and, if the Privy Council approve the request, the Crown is advised to grant the charter.

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