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Extra resources for ACCA - F4 Corporate and Business Law (ENG): Study Text
1 The eiusdem generis rule Statutes often list a number of specific things and end the list with more general words. In that case the general words are to be limited in their meaning to other things of the same kind as the specific items which precede them. 30 2: Sources of English law ~ Part A Essential elements of the legal system Evans v Cross 1938 The facts: E was charged with driving his car in such a way as to 'ignore a traffic sign', having crossed to the wrong side of a white line. 'Traffic sign' was defined in the Act as 'all signals, warning signposts, direction posts, signs or other devices'.
2 Advantages and disadvantages Delegated legislation has the following advantages: x It saves time as Parliament does not have to examine matters of detail. x Much of the content of delegated legislation is technical and is better worked out in consultation with professional, commercial or industrial groups outside Parliament. If new or altered regulations are required later, they can be issued without referring back to Parliament. The system allows the law to be enacted quickly. x x 28 2: Sources of English law ~ Part A Essential elements of the legal system The disadvantages of the system are as follows.
It may declare it to be in conflict with a fundamental principle of law; for example where a court has failed to apply the doctrine of privity of contract: Beswick v Beswick 1968. It may declare an earlier precedent to be too wide. For example, the duty of care to third parties, created by Donoghue v Stevenson 1932, has since been considerably refined. 6. 10 The advantages and disadvantages of precedent Many of the strengths of judicial precedent as the cornerstone of English law also indicate some of its weaknesses.