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Planning Law forPlanning Law forTravel, Tourism Travel, Tourism
&&HospitalityHospitality
BY
DANIEL THEYAGU
PLANNING LAWFORTTH
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 LawThe 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 Why is Law important important
to us?to us?
LEGAL RULESLEGAL RULES
Primary Rules
Secondary Rules
Duty-imposing Rules Power-conferring Rules
PUBLIC LAW
PRIVATE LAW /civil law
CRIMINAL LAWCRIMINAL LAW
CONSTITUTIONAL LAWCONSTITUTIONAL LAW
CONTRACTCONTRACT
TORTTORT
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, and2. Statutes3. Equity
PERSON SUING IS CALLED:
PERSON BEING SUED IS CALLED:
Peter v Paul (2003) 2 SLR 378
Plaintiff
Defendant
Year case was reported
2nd 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 This means the Doctrine of Binding Doctrine of Binding
Precedents.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 – stoleFrom bank $100 000Jailed for 5 years
CASE B (2009)Man stole fromBank $100 000
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-ORDINATE SUB-ORDINATE
COURTCOURT
HIGH COURTHIGH COURT
COURT OF APPEALCOURT 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 divisionCivil division
Sub-ordinate CourtDistrict Court Magistrate Court
Coroner’s Court Traffic Court Night Court
Family Court Juvenile Court
Small Claims Tribunal Singapore Mediation Centre
Singapore Arbitration Centre
Legislation (Statute) are also known as
ACT OF PARLIAMENT.They are written law which
takes precedent overevery other form of Law
ExceptTHE CONSTITUTION
Singapore Parliament
Government Members of Parliament
Cabinet Prime Minister
Backbenchers
Ministers
Ruling partyMPs
OppositionMP
NMPNCMP
Nominated Member of Parliament
Non-Constituency Member of Parliament
SEPERATION OF POWER
EXECUTIVELEGISLATURE
JUDICIARY
To makeLaw
To enforceLaw
To settle disputesof
Law
parliamentgovernment court
BILLBILL
FIRST READING
Bill is introduced in Parliament and briefly Discussed as to whether it should be passed
SECOND READINGSECOND 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 theMerits of the bill and impact
THIRD READINGTHIRD READING
PRESIDENTASSENT
PRESIDENTASSENT
Bill is Gazetted
Bill is Gazetted
ACT OFPARLIAMENT
