Planning Law for Travel, Tourism & Hospitality BY DANIEL THEYAGU

PLANNING LAW FOR TTH LEGAL SYSTEM Law of Tort Agency Law Contract Law Consumer Protection International Treaties Laws Relating to Accomodation Services

THE LEGAL SYSTEM The nature and meaning of law Why is law important? Classification of law Sources of law The court structure Resolution of legal conflict

The Nature and Meaning of Law The LAW regulate many aspects of our daily life. Everything from buying a cup of coffee to catching a flight to bring you to Burkina Faso. When you book into a hotel there is a law protecting you as a guest of the hotel. Imagine you were served dinner in a hotel and as you were eating your meal you saw a half-eaten lizard in your food. What would you do?

Law and Society A simple definition of law is that it is the set of rights and obligations by which a community regulates its affairs. As soon as people live in groups or communities, there is a need for law. The law may be manifested in the form of custom, ethics, religion, or legislation.

Why is Law important to us?

LEGAL RULES Primary Rules Secondary Rules Duty-imposing Rules Power-conferring Rules PUBLIC LAW PRIVATE LAW /civil law CRIMINAL LAW CONSTITUTIONAL LAW CONTRACTTORT

The Legal & Regulatory Framework Law & other rules Criminal & Civil Law Sources of Law The Legal/Court System

The three sources of LAW Are: 1.Common Law, and 2.Statutes 3.Equity

PERSON SUING IS CALLED: PERSON BEING SUED IS CALLED:

Peter v Paul (2003) 2 SLR 378 Plaintiff Defendant Year case was reported 2 nd volume of Singapore Law Report Page number

These are Judge-made laws decided in a Court. All cases heard in a court are recorded in LAW REPORTS for future references. This is also to allow the process of STARE DECISIS to take place.

This means the Doctrine of Binding Precedents. According to this doctrine the lower court judges are bound by decisions of higher court judges and sometimes the same court may be bound by its own previous decision

For the lower court to follow the higher court decision the material facts of the case must be the same. CASE A (1990) Man – stole From bank $ Jailed for 5 years CASE B (2009) Man stole from Bank $ Jailed for 5 years The material facts are similar therefore judges will follow precedents

WHY DO JUDGES FOLLOW PRECEDENT? So that they can ensure that there is a uniform development of the law. Also – to make sure that people don’t waste the court’s time. Also Stare Decisis ensures: 1.Consistency & 2.Certainty In the case being decided.

SUB-ORDINATECOURT HIGH COURT COURT OF APPEAL Bound by the decisions of the High Court and the Court of Appeal. Only bound by decisions of Court of Appeal. Not bound by sub-court decisions. Not bound by lower court decisions. Not bound by its own previous decision although might follow to maintain uniformity. Final court of appeal for all cases in Singapore.

COURT OF APPEAL HIGH COURT Criminal division Civil division Sub-ordinate Court District Court Magistrate Court Coroner’s CourtTraffic CourtNight Court Family CourtJuvenile Court Small Claims TribunalSingapore Mediation Centre Singapore Arbitration Centre

Legislation (Statute) are also known as ACT OF PARLIAMENT. They are written law which takes precedent over every other form of Law Except THE CONSTITUTION

Singapore Parliament Government Members of Parliament CabinetPrime Minister Backbenchers Ministers Ruling party MPs Opposition MP NMP NCMP Nominated Member of Parliament Non-Constituency Member of Parliament

SEPERATION OF POWER EXECUTIVE LEGISLATURE JUDICIARY To make Law To enforce Law To settle disputes of Law parliament government court

BILL FIRST READING Bill is introduced in Parliament and briefly Discussed as to whether it should be passed SECOND READING Bill is further discussed and voted. If more Than ½ approve goes to next stage Committee Stage Committee Stage Bill is passed to a committee to discuss the Merits of the bill and impact THIRD READING PRESIDENT ASSENT PRESIDENT ASSENT Bill is Gazetted Bill is Gazetted ACT OF PARLIAMENT