Contract law course work Essay Example | Topics and Well Written Essays - 2500 words - 1

Contr puzzle out law course work - Essay practicegiven in websters Third New International Dictionary, which can be applicable is a everyday administrative agency or corporation having quasi- political powers and authorized to administer a revenue producing public enterprise. This dictionary meaning of the word authority is clearly wide enough to include entirely bodies created by statute on which powers ar conferred to carry out governmental or quasi governmental functions. But Sec-6(3) is a bit ambiguous on this point.According to the text of the judgment in the folk of Lords case YL v Birmingham City Council 2007 UKHL 27 Section 6(3)(b) extends the definition of public authority to cover bodies which are non public authorities but certain of whose functions are of a public character, and it is therefore plausibly to include bodies which are not amenable to judicial review. Section 6(1) of the Act said that it was unlawful for a public authority to act in a way which was i ncompatible with any of these rights. The section did not contain any comprehensive definition of public authority but subsection (3)(b) said that a public authority included any person certain of whose functions are functions of a public nature. However subsection (5) said thatThe effect of all this is that an act (or an omission) of a private person or company that is incompatible with a Convention right is not unlawful under the 1998 Act (it may, of course, be unlawful under ordinary domestic law) unless the person or company has at least both(prenominal) functions of a public nature but even if that condition is satisfied the private person or company will not have any liability under the 1998 Act if the nature of the act complained of was private. The argument is based on the alleged similarity of the nature of the function carried on by a local authority in running its own care home and that of a private person running a privately owned care home proves too much. If every c ontracting