- Created by: Jamie
- Created on: 18-12-14 15:35
English Legal System
What is law? Why do we need law 6? 3 ways law can be classified? Explain each- difference between public and private? Differences between criminal and civil 9? Name 5 sources of law? Common- where does it come from? What do they follow? What’s it used to distinguish? Equity- what is formulated for? Examples? Who grants them? Legislations- who makes them? Known as? Priority? Why are they passed? What is parliamentary sovereignty? What is the process a bill known as? What does HRA stand for? What year? What does it incorporate? Delegated L- who makes them? Called? Examples? How’s it controlled? European law- when did we join EU? How many members? What does the European Communities Act 1972 s2 (4) provide? Sources of EU law? What are treaty articles applied to? What about secondary? Directives? Decisions? Name the 4 who enforce EU law? Explain where they are? Who it consist of? What they are predominantly responsible for? The effect of EU on UK law? Case example? Courts- what is done prior to the court hearing? What is the case allocated to? According to? Examples 4? What happens on the day of the hearing? What if D doesn’t pay? Legal personnel- name 5? What are they responsible for? Do they specialise? What is their professional body?
Judicial precedent- what is it in Latin? What does it translate to? Meaning? What can a case become? What does it rely on? What are the two parts of a judge decision? What are each? Relevant case? What is the general rule in judicial precedent? Does a case always remain a precedent? What are the four that change it? Explain it? Relevant case? Advantages and disadvantages of precedent 6? Who makes acts? What is the judge’s role then? Why is their uncertainty? What does the human rights act 1998 provide? What have judges developed? What are the four rules of statutory interpretation? Explain each? Give relevant case? What about European legislation? What are the most creative rules? What’s the downside? 3 other aids of interpretation? What are the 3 rules of language? Give Latin? Translate? Give examples?
What are the 6 requirements of the formation of a contract? Agreement-When is there an agreement? What is an offer? What is an invitation to treat? Give 2 relevant cases? What are also invitations to treat? Give relevant case? What is a unilateral contract? Give relevant case? What are the 6 way to terminate an offer? When is acceptance generally effective? When is verbal accepted? Give relevant case? What can offeror lay down? What about silence? Give relevant case? What can imply acceptance? Give relevant case for bilateral and unilateral? What happens once an offer is accepted? What’s an exception to general rule of acceptance? Why? Give relevant case 3? When will it only apply? What about electronic communication? What’s unlikely? When can offer be revoked in bi and unilateral? Give relevant case? When is it only effective? When is an offer rejected? What will also reject? Give relevant case 2? When will it lapse with time? What if no time limit is given? Give relevant case? What about death? What if it’s not personal service? What will non fulfilment of a condition mean? Give relevant case? What are conditional contracts?
What’s after agreement? What case defined it? Will bilateral always be money? Give relevant case 2? Unilateral- Give relevant case? Who has to give consideration? What’s executory? Executed? Can it be given on behalf? Give relevant case? What about past consideration? Give relevant case? Unless? Give relevant case? Can consideration be illegal? Who decides? What will not amount to consideration? Unless? Give relevant case? What about existing contractual duty? Compare relevant case 3? What does special rules apply to? Give relevant case? What does the case state? What are the exceptions? Promissory estoppel- What is promissory estoppel? Give relevant case? What does it need to be applicable? Can it be used to create new rights? Give relevant case? When can a promissor withdraw a promise? What doctrine is it? What applies then? Give relevant case?
What’s after consideration? Who has capacity? What about some people? Mental incapacity and drunkenness? What’s voidable mean? Void? Minors? Give relevant case? What act confirmed? Is the minor bound to pay the original price? When is it also enforceable? Give relevant case? What are all others? What about companies? What does a company have separate? What does it need to enter contracts though? Give relevant case? When shouldn’t public co enter? What about partners? Under what act? When are they bound? Give relevant case? What comes after capacity? In social and domestic agreements what is there? Give relevant case 4? Is it rebuttable in business/commercial agreements? Give relevant case? What is possible? Give relevant case? What is after intention to create legal rights? What form are most commercial? Is it a requirement? So can be? What must some be? i.e.? What is after form? What will courts only enforce? How can it be declared illegal? Examples? Give relevant case?
Who is the only person that can sue on a contract? Give relevant case? What are the exceptions? Give relevant case? What act helps? Who regulates internet sales? What’s the act? What does it recognise? What doesn’t it state? What do they provide? What are the obligations a party must undertake in a contract? What must these be? If it’s unclear what may it be? Unless 3? What has to be distinguished? Why? What will the courts take into account when deciding if a statement has become a term 4? Give relevant case? Are all terms equally important? Name the 3? Explain purpose, and entitlement of breach? Give relevant case? What is meant by a term can be expressed? What is an exemption or limitation clause? Who exercises it? Name the rules they follow7? Give relevant case? Who also exercises it? Under what contract? What doesn’t apply to? State the sections and what they do? S8- Give relevant case? What does the unfair terms in consumer contracts regulations 1999 do? Effect of an unfair term? What about rest of contract? When is it regarded unfair? What’s an implied term? What does sales of good act 1979 imply? State sections? Give relevant case?
Vitiating factors- why might a contract not be binding if it satisfied acceptance and consideration etc.? What do these factors include? What is misrep? What does it make the contract? What must there be to be actionable misrep? Give relevant case? What must the statement be? Give relevant case? When is there no action? Give relevant case? What will not amount to misrep? Unless? Give relevant case? Failure to what Give relevant case? What does the act of parliament require? i.e.? What are the three types of misrep? Fraudulent c can? Negligent? Give relevant case? Innocent? What do you have to ember receission is? When can it be lost? Give relevant case? Or? Give relevant case? What is mistake? Does mistake affect validity? What does cavet emptor mean? What are some fundamental mistakes? When can it negate consent? Give relevant case? Types of mistake include? Give relevant case? Unilateral mistakes? Give relevant case? Common or identical bilateral mistakes? Give relevant case? What can also be mistaken 3? Give relevant case? What if there is duress? What are the 3 types of duress? Give relevant case? When does undue influence arise? What does it mean for the contract what doctrine is it? What are the two types? Give relevant case? Does the husband wife relationship apply? What do courts recognise? Give relevant case? What doctrine is it? What does this mean? i.e.?
Why would certain contracts although not illegal be void at common law? 3 examples? What about contracts in restraint of trade? Give relevant case? How is it enforced? What can c claim? What if it’s too restricted? Give relevant case? What does the Treaty of Rome Article 85 do? Discharge- when does a contract get discharged? General rule? Give relevant case? What could a strict application lead to? What has been developed? Such as? What also discharges contract? Or alternatively? What else discharges? When is it valid? When is it said to be breached 7? What is frustration? Impossible - Give relevant case? ? Illegal - Give relevant case? Radical change in circumstance - Give relevant case? Where won’t it apply? Give relevant case? Contract becomes too difficult or expensive- Give relevant case? What does the law reform act 1943 provide? Name the main remedy for breach? What’s its aim? Compensate for? Give relevant case? What about expectation loss? Give relevant case? Liquidated damages? Give relevant case? Unliquidated damages? Where wont they be compensated? Give relevant case? Or? Give relevant case? Where c has suffered no loss? What steps must C take after breach? Give relevant case? Equitable remedies include? What is retention and lien? What does limitations act 1980 impose?
What is agency? A function? Why? What is a viewed as? Rather than? Name types of agents? Commercial defined in what? The creation of agency is it written or verbal? What rules apply? What’s the authority called a has? Three types? Explain? Give relevant case? Where does agency of necessity arise? Give relevant case? What can a recover? Why is it less important nowadays? What is ratification? Who is bound? When’s it effective? What can’t be ratified? Disclosed and undisclosed agency- what if a discloses to 3rd they are the agent? What if they fail too? What can p do? what if a had not authority? How can a company only operate through agents? Partnerships? What principles apply to whose bound? Rights of an agent 3? Duties of an agent 8? What does the commercial agents regulations 1993 impose? How to terminate agency by operation of law? The acts of the parties?
Definition of an employee? What act defines this? What have courts developed to determine whether a person is an employee or independent contractor? Name them 3? What usually indicates though? Contracts of employments what rules apply? Verbal or written? What does ERA state? i.e.? Are the terms written or verbal? Implied ones examples? Imposed by parliament? What does working time regulations 1998 govern? What does it say a worker is? What workers doesn’t it apply to? Regulation 4(1) says? Exceeds 6 hours? Entitled to how much paid leave? What about under 18? When will fixed or for a purpose contract terminate? What must be provided for termination? As what term? If no period is given what does ERA lay down? When can they be dismissed without notice? When my employer terminate a contract by dismissing an employee? What’s wrongful dismissal? What can employee do? Aim? What rules apply? Unfair dismissal? When must it be brought? What can a tribunal do? when is redundancy used? What if they worked longer than 2years? What if they are unfairly selected? Equality act 2010 replaced? Protects? Strengthens? Makes what unlawful? Direct? Indirect? Harassment? Victimisation? Protected characteristics? What don’t some forms of prohibited conduct apply to? Can discrimination be lawful? When? Where can a complaint be brought? Awards?
What is a tort? When does liability arise? Such as? Give case? What act? Is there a contractual relationship between the parties? What does it overlap with? What element do most require? Who’s the person committing the tort called? What are they called if require no fault? What are the arguments of favour of the requirement of fault 3? Arguments against 5? Who can sue 3? Who can be sued 3? Vicarious Liability- what is vicarious liability? Give 3 examples? What is employer’s liability? Give case? When wont they be liable? Give case? Will the employer always escape liability if they forbid the act? Give case? When will the employer also not be liable? Give case? What is a frolic of his own? Give case? What may an employer who is successfully sued be entitled to? Give case? Reasons for imposing vicarious liability 2?
Negligence- when does it arise? What are the 3 elements? When will negligent liability only arise? Give case? What’s the principle from this case? What’s a neighbour defined as? Is the test of foreseeability objective or subjective? Does C have to be identifiable to D? What must they be? Following donoughue v stevensons what situations now have to give rise to duty of care? What case modified neighbour principle? So where does a duty of care exist now? What about the absence of precedent? Where will law of tort compensate for economic loss? What have courts attempted here? i.e.? General rule? What case established a duty of care where there was a special relationship between parties? i.e.? What cased added further requirements? Such as? Do these principles apply to business and professionals? Give case 2? What about advice given of the cuff? Give case? What have courts tried for duty of care and psychiatric shock? What does the law vary on? 2 reasons? When will a duty of care only arise to secondary victim? Give case 2? What case laid down a criteria? What is the criteria 6? Give 3 cases?
breach of duty of care
What is after duty of care? Where will D be in breach of duty of care? What type of test is it? What is also taken into account? Give case? What is a child judged on? Give case? What are the factors that will be weighed up whether D acted reasonably 6? Give cases for each? What is after breach of duty? What must C show? Give case 2? What must the damage not be? Give case? What must the damage must be reasonably? Give case? The precise nature of the damage doesn’t have to be foreseeable provided? Give case? What is the eggshell skull rule? Meaning? Give case? What can a successful C be awarded? For? What if C didn’t loss damages but D was negligent? What’s intervening acts in Latin? When does it occur? What is D only liable for? However what? Give case? What about a rescue attempt? Unless? What is omissions? General rule? What are the exceptions to the rule 3? Give case? Whose burden is it to provide negligence? Except when 3? How can C rely on this? Compare the 2 cases? Or?
Nuisance- what are the 3 kind of nuisance? What is private nuisance? What it a result of? What must C do to succeed in private nuisance? What’s an interference? Examples? Give case? What about a small interference? What about where no damage is caused? What do the courts do if the interference is unreasonable? What does the duration of the activity have to be? Give case? Or a single act Give case? The state of whose land? Give case? Character of what? Give case 2? When is locality irrelevant? Give case? The utility of what? Compare cases? What sort of motive from who? Give case 2? Sensitivity of who? What is the standard tolerance? Meaning? Give case 2? Who can sue? However? Who can be sued 3? What’s the second type of nuisance? Meaning? i.e. Who can bring about action of public nuisance? Can it be both public and private what’s the last nuisance? E.g.? Defences against nuisance 4? Give case? Remedies- what are they? For what? Give case? Name 7 general defence? First one was Defined by who? Case? Give an act? Provides? Does it apply just to tort? What may contributory negligence be? i.e.? Give case 2? Whose burden is it to prove contributory negligence? Usually found where? What groups get certain allowances 3? Consent in Latin? What’s the rule? What must it be for the defence to apply? Compare 2 cases? What isn’t consent? What is it though i.e. What may amount to consent? Give case? When is consent invalid? How do courts feel about consent? What if it’s successful? No actions can be founded on an illegal act in Latin? Compare 2 cases? Statutory authority? Necessity? Act of god? Inevitable accident?
Occupier’s liability- what’s the act? What dose s2 (2) say? What does the duty of care concern? Who are lawful visitor 3? Is a person always a lawful visitor? When? Who is an occupier? Can it be more than one? Give case? What do premises include? i.e.? What will the court consider when deciding an occupier has discharged their duty of care? S2 3 a? Give case? s2 3 b? Give case? s2 4 a? Give case? s2 4 b? Give case? What act limits the rights for an occupier to restrict or exclude liability by way of notice or term in a contract? Defences include? Damages include? What does occupiers liability act 1984 state for an occupier? Similar to? Give case? s1 3 provides a duty of care owed to who? If 3? S 1 4 provides? Give case? What will the court take into account when deciding liability? S1 5 provides? Give case? What does the unfair contract terms act 1977 s2 1 and s2 2 also limit? Defences? Damages? Strict liability- what was the rule in rylands and fletcher defined it as? Includes? What is needed for the rule to apply 5? Give case? Although strict are their defences? Give 5? What is the act for liability for dangerous product? S2, s3, s5, s4? Remedies- what are the two remedies? What is the aim of compensatory damages? What does the court calculate? C duty? How are damage normally pad? What can the court order? What can the contemporary damages be? What are most associated with? Where injunction may be granted? i.e.? Limitations of actions- what’s the act? What about the other act? How long till it must be brought under? What if damage is hidden or not manifested? What time limits be? i.e.?