ECSI/ECCI/ECII 4205

Professional, Legal & Ethical

Issues in ICT
 Legal Concepts
 Historical Perspective (Common Law, Equity
Law, Criminal Law, Civil Law, International Law,
Public Law and Private Law)
 Court Systems ( Criminal Courts, Magistrate
Courts)
 Important Legal Concepts (Contracts, Liability,
Breach of Contract, Property Law)
 European Law; The influence of the European
Law on English Law
 Common Law
 Historical perspective of Common Law
 Originated in medieval England after the Norman
Conquest of 1066
 Evolved from local customs and judicial decisions rather
than codified statutes
 System of traveling judges (circuit courts) standardized
legal practices across England
 Established a unified body of law

 Facilitated communication between local and central

courts
 Doctrine of precedent (stare decisis) emerged as a
fundamental principle
 Ensured consistency in judicial decisions

 Allowed for gradual evolution of legal principles

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 Common Law (2)
 Common law forms the foundation of the legal system in
England and many other former British colonies
 It was developed in England by three courts; King's
Bench; Exchequer; and Court of Common Pleas
 Purpose of these courts was to create a uniform system
of law and to supersede the decisions of local courts
 In civil law, common law was applied to Compensate
individuals for wrongful acts (known as torts)
 Common law refers to the precedent-based element of
the legal system.
 Common-law decisions address everyday situations as
they arise.
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Common Law (3)
 The reasoning used to interpret common law is
called casuistry: A strict, principle-based form of
reasoning that relies on the circumstances of a case
to evaluate laws that are applicable
 Casuistry is also known as case-based learning.
 Decisions made about similar cases in the past were
valuable in legal reasoning.
 A case is evaluated based on past cases, known as
paradigms.
 The stronger the similarity between cases, the
stronger the reasoning based on them.
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Common Law (4)
 Social changes, inventions, and discoveries allowed
the judges to look beyond existing case law.
 A case of first impression refers to a previously
undetermined legal issue. In such cases, judges
were allowed to look to decisions from other
jurisdictions, or Use past or present judicial
experience to draw analogies.
 This flexibility allowed the common-law system to
adapt to change and resolve unanticipated
controversies.

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Equity Law
 Historical perspective of Equity Law

Period Timeframe Key Developments

Medieval Period 13th–15th Chancery Division created by the King
Centuries Initially administrative, not judicial-
Chancellor handled petitions for
remedy
Issued writs (consimili casu)
Grew into a bureaucratic body
handling property and inheritance
writs
Formative Period 16th–17th Equity became more judicial and
Centuries formal
Court of Chancery issued independent
decrees
Chancellors trained in law
Court had distinct procedures
Introduced common injunctions
Systematization 17th–19th Lord Eldon systematized equity
Period Centuries Judicature Acts 1873 unified equity
and common law
Addressed delays and inefficiencies
Equity gained consistency and legal 7
certainty
Equity Law (2)
 Equity law is a form of dispute resolution in
which an aggrieved party is asking his
opponent for something other than money.
 Equity law is often referred to as means of
acquiring justice through principles of fairness.
 A person seeking equitable relief is typically
asking a judge to order his opponent to do
or to refrain from doing something

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 Criminal Law
 Historical perspective of Criminal Law
 Criminal law originated in ancient civilizations
 There was no distinction between civil and criminal
matters, as seen in early codes like those of Ur-Nammu
and Hammurabi.
 Roman law blended criminal and civil concepts,
influencing later European legal systems.
 The separation of criminal law began to emerge during
the Norman period and evolved further through the
work of scholars and legal codifiers in early modern
Europe.
 By the 18th century, with the rise of state-run courts
and police, criminal law became a distinct and
formalized system. 9
Criminal Law (2)
 Criminal law is a branch of law which concerns
crimes which are committed against the public
authority.
 It is distinct from civil law which involves crimes
which people commit against each other, not
necessarily against the public as a whole.
 Murder, for example, is covered under criminal
law, because although there is a specific victim,
murder in general runs against the interests of
the public.
 By contrast, if someone fails to honour a
contract, this is a matter for civil law
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 Civil Law
 Historical Perspective of Civil Law
 Originated in ancient Rome with the Corpus Juris Civilis
 Comprehensive legal code compiled under Emperor
Justinian in the 6th century (Justinian Code).
Developed into a codified system
 Laid foundation for modern civil law principles and
structures
 Roman law revival during European Renaissance
 Scholars rediscovered and studied ancient Roman
legal texts
 Led to adoption and adaptation in various
continental European countries (France, Germany,
Italy)
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Civil Law (2)
 Civil Law is used to describe a body of law that is
centered around finding peaceful resolutions to
non-criminal disputes.
 In the context of a non-criminal method of
resolving disputes, civil law covers a wide range of
areas. It encompasses issues relating to divorce
cases, child custody suits, and child support
proceedings.
 In addition, it covers business disagreements, such
as a contract dispute and lawsuits brought to
recover damages to property or to a person as well
as property ownership issues.
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Civil Law (3)
 Each country generally has its own set of civil laws
that have been developed by courts or legislators.
 A civil law court is a means for people or entities
to resolve legal disputes in a peaceful and orderly
manner.
 Most civil courts seek to provide a legal remedy to a
problem, such as paying monetary damages,
agreeing to perform in a certain manner, or
abstaining from a certain activity.

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International law
 Historical Perspective of International Law
 Gained traction with the Peace of Westphalia
(1648), recognizing state sovereignty.
 Evolved through treaties, customary law, and
legal principles governing relations among
states.
 Covers issues like war, diplomacy, trade, and
human rights; regulated by bodies like the UN
and International Court of Justice.

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International law (2)
 International law is a body of laws, regulations,
and accepted practices by which different nations
throughout the world interact with each other as
well as with their own citizens and citizens of other
countries.
 There are two basic categories of International
Law, public international law and private
International Law, although the two tend to
overlap frequently.
 Public International Law deals with relationships
between different nations or between a nation and
persons from another country.
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International law (3)
 Private International Law generally deals with
individual concerns, such as civil or human rights
issues, not only between a government and its own
citizens but also in how its citizens are treated by
other nations.
 International law is developed and agreed upon by
those that make up the international system, but
not every nation state is a member or has a part in
the process.

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International law (4)
 Most nations are said to comply with International
Law, but that appears questionable considering the
number of human rights violations still occurring
around the world.
 While the international community does attempt to
hold all nations to International Law, it is not
always feasible.

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Public Law
 Historical perspective of Public Law
 Emerged from Roman concepts distinguishing ius
publicum (public law) from ius privatum (private
law).
 Concerns the relationship between individuals and
the state, such as constitutional, administrative,
and criminal law.
 Governs how public authorities operate and interact
with citizens.

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Private Law
 Historical Perspective of Private Law
 Also derived from Roman law.

 Deals with legal relationships between private

individuals, such as contracts, property, and family
law.
 Central to civil codes and legal systems around the
world; ensures fairness and dispute resolution in
private matters.

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Public vs. Private Law
 Public law protects society as a whole and private
law governs interactions between individuals or
groups.
 Public law is typically determined and enforced by
government agencies, whereas the government
typically removes itself from the enforcement of
private law.
 Public law is a theory of law that governs the
relationship between the state and the individual,
who is considered to be either a company or a
citizen. Public law covers three sub-divisions:
Constitutional, administrative and criminal law.
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Public vs. Private Law (2)
 Sub-divisions of Public Law:
 Constitutional law covers the different
branches of the state: Executive, legislative and
judiciary.
 Administrative law regulates international
trade, manufacturing, pollution, taxation, and
the like.
 Criminal law involves state imposed sanctions
for individuals or companies in order to achieve
justice and social order.

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Public vs. Private Law (3)
 Private law is also known as civil law. It involves
relationships between individuals, or private
relationships between citizens and companies. It
covers the law of obligations and the law of torts,
which is defined as follows:
 Firstly, the Law of Obligation organizes and
regulates legal relations between individuals
under contract.
 Secondly, the Law of Torts addresses and
remedies issues for civil wrongs, not arising from
any contractual obligation

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 The systems of Court
 Under the New Constitution, the superior courts are identified
as the Supreme Court, the Appeal Court and the High Court.
 High court consist of specialized divisions such as
employment and labour relations court, the environment and
land court.
 The lower courts are the
 Magistrates Courts
 Kadhis Courts - deals with matters of personal law where
both parties are Muslims e.g. marriage divorce,
inheritance,
 Courts Martial - deals with military disciplinary matters
 other tribunal- established by Parliament to address
specific legal or administrative issues.

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European Law
 European law influence on English law
 England and Wales are constituent countries of
the UK which is a member of the EU. Hence, EU
is a part of English law.
 The European Union consists mainly of countries
which use civil law and so the civil law system is
also in England in this form.
 The European Court of Justice can direct English
and Welsh courts on the meaning of areas of
law in which the EU has passed legislation

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Contracts
 A contract sets out the agreement between two or
more parties.
 It is an agreement or promise, which is legally
binding or enforceable by law. The parties include
the client and developer.
 A contract should be clear and logical.
 There should be no ambiguity and the parties to the
agreement should be left in no doubt as to their
rights and duties to avoid disagreements.
 It must be accompanied by clear and express
documentation
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Contracts (2)
 Types of Software Contractual Agreements
 Contract hire

 Time and materials

 Consultancy

 Shrink wrap

 Click wrap

 Bespoke or contract for custom built

software

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Breach of Contract
 Breach of contract is a legal cause of action in
which a binding agreement or bargained-for
exchange is not honoured by one or more of the
parties to the contract by non-performance or
interference with the other party's performance.
 If the party does not fulfil his contractual promise,
or has given information to the other party that he
will not perform his duty as mentioned in the
contract or if by his action and conduct he seems to
be unable to perform the contract, he is said to
breach the contract.

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Liability
 Liability is the "vinculum juris”, i.e. the bond of
legal necessity that exists between the wrongdoer
and the remedy of the wrong.
 Liability, which occupied a place of pride in the
hierarchy of the legal concepts, has in English law
been used to express three things:
 It has been used to express the position of a
person who has undertaken to do or to abstain
from doing something by contract with another
person.

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Liability (2)
 Liability in English law been used to express three
things:
 The term has been used to express the condition
of a person who has failed in the performance of
some duty, and who is consequently called upon
to make compensation to some person who has
suffered damage thereby.
 The term “liability” has been used to express the
condition of a person who has not failed in the
performance of any duty, but who has done an act
which has caused damage to another, for which
he is required to make compensation.
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Liability (3)
 Liabilities can take many forms, such as
 Civil and Criminal Liability

 Remedial and Penal Liability

 Vicarious Liability

 Absolute or Strict Liability

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 Civil and Criminal Liability
 Civil Liability (Private Law Concept)
 Based on the breach of a legal duty owed to an individual
or group.
 The primary legal concept involved is obligation and
remedy.
 Focus - To compensate the injured party or restore rights.
 Arises under tort law, contract law, and property law.
 Criminal Liability (Public Law Concept)
 Involves a breach of public duty as defined by statutory law.
 The legal concept centers on punishment and deterrence.
 State prosecutes the offender in the interest of public justice.
 Associated with concepts like mens rea (guilty mind) and
actus reus (guilty act).

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Remedial and Penal Liability
 Remedial Liability
 Arises when the law provides a remedy (usually
compensation) for a wrong.
 Focus is on restoring the legal position of the injured
party.
 Legal concept - Based on corrective justice.
 Penal Liability
 Imposes punishment for wrongful acts—civil or
criminal.
 Connected to the concept of retributive justice and
social deterrence.
 Seen in both criminal law and regulatory civil penalties.
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Vicarious Liability (Derived Liability
Concept)
 A person is held legally responsible for the acts of
another (usually subordinate).
 Based on the legal concept of agency or
employment relationships.
 Justified on grounds of
 Control theory (employer has control over the
employee)
 Risk theory (employer bears the risk of business
operations)

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Absolute or Strict Liability
 Strict Liability (No-Fault Concept)
 Legal responsibility without the need to prove negligence
or intent.
 Based on the duty of care in inherently dangerous
activities.
 Common in tort law, especially in product liability and
environmental law.
 Absolute Liability (Indian Legal Doctrine)
 Evolved from MC Mehta v. Union of India (1987).
 No exceptions or defenses (unlike strict liability).
 Used in cases involving hazardous industries.
 Based on the principle of enterprise liability—anyone
engaged in dangerous activity must compensate for any
harm, regardless of precautions taken.
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Property Law
 The term "property" is used in various senses.
 Everything around us can be categorized as
property.
 Any object, tangible or intangible, having value to
human beings, may be termed as property.
 The essential characteristic of property is the value
attached to it, which may be monetary or personal.
 In a general sense, property consists of land,
shares, buildings, and debts due to another person.
 In the legal sense, property is the right to enjoy
and to dispose of certain things in an absolute
manner as one thinks fit.
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Property Law (2)
 The word "property" is derived from the Latin word
"proprietary," which means a thing owned.
 Jurist Salmond stated that the term "property" can be
understood in three senses:
 Material Objects – The physical things themselves,
which are the subject of ownership.
 Right of Ownership – The legal rights a person holds
over material objects.
 Subject of Rights – The relationship between a
person and the right vested in them.
 Salmond emphasizes that property is not the object itself
but the legal right over the object, distinguishing the
physical aspect from the legal concept.
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Property Law (3)
 Property law is the area of law that governs the
various forms of ownership and tenancy in real and
personal property.
 Legal Protections and Reforms
 Magna Carta: Declared that no freeman shall
be dispossessed of property except by lawful
judgment or the law of the land.
 Law of Property Act 1925 (UK): Part of six
Acts of Parliament that modernized land law by
consolidating previous laws and introducing
significant reforms.

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The Law of Property Act 1925
 The Law of Property Act 1925 (LPA 1925) is the
foundation of modern English land law.
 It was part of a major reform package aimed at
simplifying and modernizing property law in England and
Wales.
 Purpose of the 1925 Property Reforms
 To make land ownership simpler, more uniform, and
accessible.
 To facilitate the transfer of land by consolidating and
codifying previous common law and equitable rules.
 To reduce the complexity and fragmentation of
property interests.
 To align legal and equitable principles in land law.
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Key Features of the Law of Property
Act 1925
 Limitation of Legal Estates
 Only two legal estates in land are recognized:

 Fee simple absolute in possession (freehold)

 Term of years absolute (leasehold)

 All other interests (e.g., life estates, entailed

interests) exist only in equity.
 Legal Interests in Land
 Only a limited number of legal interests are
recognized (Section 1(2)), such as: Easements,
Mortgages, Rent charges, Rights of entry

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Key Features of the Law of Property
Act 1925 (2)
 Overreaching
 Overreaching allows equitable interests (e.g.,
from beneficiaries under a trust) to be
transferred from the land to the proceeds of sale
when land is sold by two or more trustees.
 Protects buyers by "clearing" equitable interests
from the land.
 Conveyancing Simplified
 Made conveyancing quicker and more efficient.

 Removed archaic forms and practices in land

transfers.
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Key Features of the Law of Property
Act 1925 (3)
 Doctrine of Notice
 Replaced by statutory rules of registration and
overreaching.
 Purchasers of land are no longer bound by
unknown equitable interests if overreaching
occurs.
 The LPA 1925 remains one of the most important
statutes in English land law, with core principles still
in effect.

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End of Lecture 1

THANK YOU

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