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

Contract law course work - Essay Example given in webster’s Third New International Dictionary, which can be applicable is â€Å"a public administrative agency or corporation having quasi-governmental powers and authorized to administer a revenue – producing public enterprise†. This dictionary meaning of the word â€Å"authority† is clearly wide enough to include all bodies created by statute on which powers are 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 House of Lords case ‘YL v Birmingham City Council [2007] UKHL 27’ â€Å" Section 6(3)(b) extends the definition of public authority to cover bodies which are not public authorities but certain of whose functions are of a public nature, and it is therefore likely to include bodies which are not amenable to judicial review. Section 6(1) of the Act said that â€Å"it [was] unlawful for a public authority to act in a way which [was] incompatible with †¦Ã¢â‚¬  any of these rights. The section did not contain any comprehensive definition of â€Å"public authority† but subsection (3)(b) said that a â€Å"public authority† included â€Å"any person certain of whose functions are functions of a public nature†. However subsection (5) said that: The 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 some â€Å"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 contracting