I would like to thank the Director of Rushmore Business School for the opportunity of doing this course. This module will surely help me in the future. I would also thank my lecturer Mr. Augnoo Jeevesh and thank all the people who helped me and support me for this assignment. A big thank you to my family who always cares for me.
TABLE OF CONTENT
Sources of law mean the origins of law, for example, the binding rules governing human conduct. There are various sources of law such as Primary Legislation, Acts of Parliament, Secondary Legislation, Regulations, International Law and Common Law for example past cases, textbooks and customs. The Republic of Mauritius has an independent Parliament and has the separation of powers which is the Legislative, the Executive and the Judiciary that is embedded in the Constitution. In Mauritius, there are returned Constitution and any law can’t go again the Constitution. The legal systems of United Kingdom were based on judge-made law and have Unreturned Constitution, Rule of Law, separation of power and Parliamentary sovereignty. In the Parliament, there are bicameral, House of Commons and House of Law. Generally, new laws and law reform are brought through Acts of Parliament, frequently inspired by policies of the Government of the day. Moreover, there are legal entities operating in Mauritius and UK that is companies, partnership and sole trader.
2.0 SOURCES OF LAW
Sources of law which a judge of a court can trust to identify the rules of law to decide a case. The legal sources in Mauritius are:
Ø Case of Law
Legislation means affirming the law. There are three types of legislation which is The Constitution, Primary Legislation and Secondary Legislation. The Constitution means the rules and regulations of a country and in section 2 of Mauritius Constitution its state that “This constitution is the supreme law of Mauritius and if any other law is inconsistent with this constitution, that the other law shall, to the extent of the inconsistency, be void”. In addition, Primary Legislation is defined by the power to make Laws of Parliament which is derived by Section 45(1) of the Constitution which provides: “Subject to this Constitution, Parliament may make laws for the peace, order and good government of Mauritius.” Moreover, Secondary Legislation means the allocation of law that is making power by Parliament to Ministers, Local Councils or Government Departments. It is also known as Delegated Legislation.
II. CASE OF LAW
Case of Law is also known as Common Law. Examples of Common Law are past cases and textbook. It is a type of Law which is generally evolving. Therefore, there are new actions to be taken and a new decision. Case law takes statutes, constitutional provisions, regulations and other case law. It is a major source of law in Mauritius and in many cases, this law must be followed in subsequent similar cases.
It is the patterns of behavior that can be verified with a specific social setting. A claim can be supported in the defense of “what has always been done and accepted by law”. Custom is a guide for courts in a situation where nothing is set by law. It is recognised as a general source of law in Mauritius. There are two types of Custom that is a material element and an intellectual element.
2.1 SOURCES OF LAW IN UK
In the UK, there are three types of sources of law that is;
Ø Rule of Law
Ø Separation of Power
Ø Parliamentary Sovereignty
1. RULE OF LAW
It means everybody is equal to the Law. The rule of law must be applied to all conduct and behavior and covers both private and public officials. The most important value of this sources of law is that no one is above the law, there is equality for all before the law and it is constantly applied.
2. SEPARATION OF POWER
It has three institution of state that is Legislative which make Law Parliament, Executive that execute the Law and Judiciary which implement the Law. For example, court and judges which need to be independent.
3. PARLIAMENTARY SOVEREIGNTY
Parliamentary sovereignty formed part of the UK constitution. It makes Parliament the highest legal authority in the UK, which can create or end any law. Normally, the courts cannot master its regulation and Parliament can’t pass any laws that future Parliaments can change. Parliamentary sovereignty is the vital part of the UK constitution.
3.0 LEGISLATION IN EVENT MANAGEMENT IN MAURITIUS
1. HEALTH & SAFETY ACT
Employees have responsibilities to take care of people and provide them with all the necessary facilities. First aider and an ambulance should always be there for any event.
2. FOOD ACT
This act is to ensure hygiene and cleanliness of the food for people in order to avoid any food poisoning. Employees should apply all the procedure for any occasion, for example, they must have food handlers certificate.
3. CODE CIVIL
It is the Mauritius Legal System as these laws are the right of Mauritian and according to these laws The Prime Minister, Ministers, Judges and others rule this country.
4. CODE PENAL
It is a document which assembles an amount of a specific jurisdiction of criminal law.
5. CODE DE COMMERCE
It allows all the businesses have specific law and have several procedures in order to be regulated by the law.
6. COPYRIGHTS ACT
It provides supplementary protection for copyright thought essential due to advances in information technology.
7. TRADE FAIRS ACT
This act is for the safety of customers in order to make provision.
8. VAT ACT
It replaces the sales tax on goods by a value-added tax on goods and services so as the purposes are connected there with a subsidiary.
4.0 LEGAL ENTITIES OPERATING IN MAURITIUS AND THE UK
Legal entity means an individual, a partnership or organisation that has legal rights and obligations.
A company has limited liability which means personal assets untouched and it can have a separate legal person. There are two types of companies that is a private company and public limited company. Private company means members liability is limited to the number of shares they have in the company whereas a public company means their share can be for sale for the general public and their charge is restricted to the sum unpaid on shares detained by them.
In the UK, there are two common legal entity types that are a subsidiary company and a parent company. A subsidiary company, known as a UK private limited company, is a separate legal entity from the parent company but it is exclusively owned by the parent company. It is liable for UK corporation tax on the profits but it can take benefit of reduced rates of corporation tax depending on the size of profits globally. A UK branch of a parent company, known as a UK branch, means all incomes or losses of the UK institution are combined with those of a foreign parent and all debts and liabilities of the UK institution go to the overseas parent.
In Mauritius, a partnership is an association of two or more people formed for the purpose of carrying on a business. It has also unlimited liability and more people working together with the aim of making a profit. They own a capital and share profit. Its allow sharing of ideas in decision making and gain a greater amount of capital. But conflict makes arise in decision making.
In the UK, a partnership means two or more people carrying on a business with the intention of making income. A partnership is not a separate legal entity but members have the same common view of profit. Each member has to pay tax on their share and must share the responsibility of the business. Their aim is to make more profit in order to get more income.
Ø SOLE TRADERS
In Mauritius, a sole trader is a person who runs an unincorporated business on his or her own. It has unlimited liability and the status of a sole trader is usually used and is ruled by the Code de Commerce. The business name of a sole trader, who has a limitless duty for his liabilities, need to be registered with the Registrar of Companies. An annual return should be submitted to the Commissioner of Income Tax. The advantages are that the proprietor of a business enjoy all the profits and decisions are taken very quickly. On the contrary, wrong decisions can be taken and there may be lack of capital.
In the UK, it is easy to set up as a sole trader, but the person is generally responsible for the business debts and he runs his own business as an individual. The person is a self-employed and gains all the profit of the business. However, the sole trader is responsible for any losses that the business makes.
5.0 CONCLUSION AND RECOMMENDATIONS
To conclude, sources of law are used to rule the country and be able to take actions in cases. The legislation allows the country be ruled by specific code and legal entity allow legal rights and obligations of individual and companies. By choosing Mauritius for a new business it will attract new investors and will increase foreign currency. Companies will get many facilities and cases will be able to judge under a different act of laws. Mauritius need more companies in order to get more income and promote the country to improve the department of events.
Organising an event need preparation and time to organise a successful one. Besides, having the details of the event will allow the event manager to be able to know all the parties involved. Therefore, he will be able to prepare all the contracts needed in order to have an assurance. There should be an allocation of tasks to make the work easily and coordinated. If it is a big event normally there will be a lot of procedures and a contingency plan. By the way, a risk assessment should be done to ensure all the possible risk that can be involved and solutions to be taken.
6.1 MAIN COMPONENTS OF A VALID CONTRACT
The following items are needed to form a valid contract:
Ø Agreement, i.e. offer and acceptance
It can be written or an oral agreement. It means offering something to a person, making an agreement then the person can accept it or not. For example, if a client is offering a job to a supplier then the supplier can accept the job.
It can be a promise or payment in some form. For example, making a contract to promise to pay the loan that had been taken at the bank.
Ø Intention to create legal relations
In a contract, a party who has accepted an agreement need to read and agree to take the legal arrangement. Without this, the parties cannot sue each other and the contract may become a simple promise.
Ø Capacity and Legality
It means a person has legal ability to enter into a contract. For example, the age of maturity of a person and the free of mental illness.
A contract has terms and conditions it includes payment terms, insurance requirements for both client and supplier, health and safety commitment and confidentiality.
6.2 POTENTIAL LIABILITY
Any potential liability may be a tort for any private or civil crimes the law provides monetary compensation to the aggrieved party in terms of remedy. But, a tort of strict liability does not need any potential proof for cases. Tort means a type of civil damage or wrong however, it can be a breach of some independent obligation of a contract therefore, have an increased to a civil cause of action which will be covered into a compensation.
v SPECIFIC PERFORMANCE
è A person is required to perform the contractual obligations.
è For personal service agreements it is not available.
è It implements positive agreements in the contracts.
è This order an individual to do something or not.
è It imposes negative agreements in the contract.
è It reestablishes the parties to their precise pre-contractual position.
These remedies are only available at the discretion of the court however, they are unavailable if there are damages who are an acceptable remedy, the claimant has acted unethically, the order would cause excessive hardship and require the continual supervision of the court. And also, if there is unjustified delay looking for the remedy.
7.0 LIST OF POTENTIAL PARTIES
4) Right Management society (Maza)