question archive I am going to be talking about a chapter speaking on management duties
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I am going to be talking about a chapter speaking on management duties. I myself plan on working in human resources. But I do not understand what a black letter law is? And I dont know what black letter law I can talk about that refers to business, management, and duties.
Can someone explain to me:
1)What a black letter law is?
2) A list of 4 different black letter laws that can relates to business.
3)An explanation/description of the listed black letter laws listed.
1) Black letter law involves the basic principles associated with the laws that are free from disputes.
2) Four different black letter laws related to business include tax law, tort law, contract law, and intellectual property law.
3) The explanation of the above-listed black letter laws is provided below.
Step-by-step explanation
1) Black letter law involves the basic and standard principles related to law that are free from disputes and doubt. Such a law is accepted by the majority of juries in the states as it involves general principles. It condenses a wide area of case law that is found in the law societies. Typically, the rules and principles of a black letter law can be applied to various relevant facts in order to develop a consistent outcome.
For instance, Beaulieu v. the United States, IRS, 865 F.2d 1351, 1352 (1st Cir. Mass. 1989) is a case law where black letter law is applicable.
2) The four different black letter laws related to the business are listed as follows:
i. Contract law
ii. Tort law
iii. Intellectual property law
iv. Tax law
3) The explanation of the above-listed black letter laws is as follows:
i. Contract law- The elements of the contract law such as offer, acceptance, capacity, mutual assent, and legality are standard elements that come under the black letter law. The contract law is a common law and related to the aspect of business as parties involved in a particular business deal require this law to make the agreement dispute free. This law is used by most of the states to resolve business disputes with some common principles.
ii. Tort law- This law is also a black letter law as it involves most of the standard and fundamental modules. It is a civil law that ensures parties suffering losses must get a claim against the damages. Some of the essential elements of tort law that come under black letter law include a duty of care, negligence, strict liability, and nuisance. These elements are basic and every state uses them to impose reasonable and fair conduct.
iii. Intellectual property law- Another black letter law is the intellectual property law that involves standard rules used by businesses to secure and enforce legal rights to the designs, ideas, and inventions. This law is common as it provides authority and exclusive rights to all the inventors and authors concerning their creations. The essential elements of this law include trademark, patents, and copyrights that are used by various states to resolve business disputes.
iv. Tax law- It is also a type of black letter law that includes a set of rules that are accepted and enforced by public authorities and taxpayers. This law has some common and standard elements that are used in various countries. This black letter law is associated with the financial aspect of businesses and comes within the area of public law. Some standard elements of this law include judicial appeal, reciprocal interests, and tax treaty interpretation.