Law Q&A Questions

  • Created by: Rhys0204
  • Created on: 12-01-20 12:06
1. What are the 5 essential elements of Contract formation?
Intention to create legal relations, Capacity, Offer and acceptance, Consideration, Certainty of terms
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2. Give some case law examples?
Balfour v Balfour (1919)
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3.  What are the different types of contract you might be involved with in the construction industry?
A building contract, A building subcontract, A contract for supply of goods or services, A professionals conditions of engagement
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4. What is a counter offer?
When the conditions and terms of an offer are changed by the person who was given the original offer.
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5. Who are the parties to the contract in scenario 1?
BCU Developments Limited, Draw Fast designers, ACME Development Management
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6. Is there a legal contract in scenario 1 between the parties?
Yes because acceptance is said to have occurred once an email has been read.
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7. What type of law is contract law?
Civil law
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8. What type of agreements are not normally binding?
Social agreements
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9. What did Carlill V Carbolic Smoke Ball Co state?
The conduct must fit the conditions stated in the contract document
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10. When might an offer no longer be valid?
If an offer is open for a fixed time and time lapses, then the offer is terminated.
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11. What is the meaning of capacity?
Capacity refers to whether someone can understand a contract or legal matters.
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12. What is an invitation to treat?
It is simply an invitation for offers and cant be accepted. Includes tenders, advertisements and display of goods in shops.
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37. What is the relevance of economic loss in terms of claims for negligence give cases to illustrate your answer?
Where financial loss is not connected to any physical injuries to the claimant, or damages to their property, recovery of pure economic loss is very limited in the tort of negligence (e.g; Spartan Steel V Martin & Co Contractors Ltd (1973), the cla
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38. Define a common duty of care?
Refers to the circumstances and relationships in which the law recognises as giving rise to a legal duty to take care
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39. Explain the principals of occupier’s liability in terms of the 57 and the 84 act?
The principle of the 57’ act is that the degree of care is that which should be ordinarily expected, but the type of visitor is considered (i.e; children are typically less careful than adults). The 84’ act introduces the principle that an occupier
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40. What can be deduced from Wheat V Lacon 1966 in terms of occupier’s liability?
In order to be an occupier it is not necessary for a person to have entire control over the premises. This control may be shared with others, but each may have a claim to contribution from the other.
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41. Give some examples of cases where premises are not buildings?
Titchner V British Railways Board (1983), Ratcliff V McConnell (1997), Tomlinson V Congleton Borough Council (2003), Donoghue V Folkestone Properties (2003)
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42. Why are children considered different when it comes to occupiers liability?
They are less careful than adults and have less of an understanding when it comes to the danger of some premises.
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43. Who might have implied permission as a visitor to premises?
A postman
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44. Where are there exceptions in terms of liability under the 57 act?
No liability to the negligence of independent contractors, The Expert visitor, Warning notices, Special rules apply to children
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45. What are the issues with an expert visitor?
An occupier might expect that a person of their particular profession would be aware of the risks that come with it, thus taking precautions to guard themselves against them.
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46. Under what circumstances does an occupier owe a duty of care to a trespasser?
They are aware of the danger (or have reason to believe it exists, They have reasonable grounds to believe the trespasser is in, or may come into the vicinity of the danger, The risk is one in which they may reasonably be expected to offer the tr
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47. What is meant by Volenti non Fit Injuria?
“To a willing person, injury is not done” if a person willingly places themselves in a situation where harm may be the result, they cannot bring claim to the other party.
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48. Explain how Donoghue v Folkestone properties case clarifies aspects of the 84 act?
At the time of Mr Donoghue’s injury, Folkestone Properties had no reason to believe he, or anyone else would be diving from the harbour slipway, therefore duty of care did not arise.
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49. What are the key duties under the Defective Premises Act 1972 in terms of housing and disrepair?
To do work safely and properly, For landlords to carry out maintenance and repair of the property
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50. What is the difference between a claim and a dispute?
A claim does not become a dispute until it is brought to the attention of the opposing party and that party has either accepted or rejected the claim
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51. Name the five main methods of dispute resolution?
Direct Negotiation, Conciliation, Mediation, Arbitration, Litigation
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52. What are the Costs of Conflicts in general terms on businesses?
Effects on company reputation, Exposure in the public domain, Effects on company morale, Effects on personal reputation, Damaged business relationships, Lost customers, Increased staff turnover, Failure to meet targets, Missed opportunities
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53. What is CPR and how does it effect disputes?
A code of conduct that enables the courts to deal with cases justly. They aim to promote the early resolution of disputes, speed up the settlement of claims and reduce costs.
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54. Which of the 5 are binding on the parties?
Arbitration, Litigation, Adjudication (temporarily binding)
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55. Which is the quickest to give a resolution?
Direct negotiation
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56. Which are confidential?
Direct Negotiation, Conciliation, Mediation
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57. Which support continuing relationships?
Direct Negotiation, Conciliation, Mediation
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58. What are the two methods of planning permission?
Outline, Detailed
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59. What aspects of our new development need planning permission and why?
The carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in the use of buildings or other land
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60. Why is listed building consent needed?
For the demolition or partial demolition of a listed building or for alterations or extensions
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61. What are the three grades of listed building?
Grade I, Grade II*, Grade II, (Locally Listed)
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62. Is demolition covered by listed building consent?
Listed building consent is required for demolition or partial demolition, alteration or extension of a listed building
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63. What are the three different types of party wall notices?
Party Structure Notice, Line of Junction Notice, 3m/6m Notice
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64. Who is an adjoining owner?
The owners on both sides of a party wall
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65. Who can appoint a Party Wall surveyor for an adjoining owner?
The adjoining owner can do themselves, or if they refuse to appoint a surveyor, the persons requesting the work can appoint one for them
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66. Why do we need a schedule of condition as part of the party Wall award?
The schedule of condition is to assess the condition of the adjoining owner’s property, so that it can be appoint of reference if the building work causes damage to the adjoining owner’s property, and to protect the building owner from false claims o
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67. What type of notice do we need for our development?
3m Notice
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68. How far in advance of work starting do you need to notify the adjoining owner?
2 Months for existing party walls, 1 Month for a new building between boundary Lines/excavation near neighbouring buildings
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69. What is inclusive design?
Inclusive design is for making building accessible and usable for everybody, like people who are blind, deaf or have low mobility, etc.
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70. What are the key legal documents which relate of equality?
DDA 1995 & 2005, Equality Act 2010, Building Regulations Part M, RRO, British standards (BS8300)
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71. What are the five key stages of an access audit?
1) Getting to the premises 2) Getting into the premises 3) Getting around the premises 4) Using the services in the premises 5) Getting out of the premises in an emergency
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72. What is a fire risk assessment?
A fire risk assessment is a process that evaluates the hazards that could contribute to a fire. It focuses on the likelihood of a fire occurring and the consequences of one if which it was to occur. It also involves planning escape routes in case a f
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73. Who must the building owner appoint?
Principle designer
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74. What is CDM?
CDM is construction design management (regulations 2015)
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75. As a designer what four things do you need to do?
Notify client of their duties, Design to take account of H&S, Provide information, Communicate, cooperate and coordinate with others
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76. What are the 5 steps to risk assessment
1. Identify the hazard 2. Who might be harmed 3. Evaluation and control 4. Record your findings 5. Review your findings
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77. What aspect of the buildings life do you as a designer need to include in your DRA? (designer risk assessment)
When the building reaches its end of life how will it be demolished, and what will happen to the materials.
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78. What must the client ensure is in place before work starts on site?
Welfare facilities have been provided, such as; Toilets, Running water – hot and cold, Drinking water,Changing facilities, Area of rest that should be heated
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79. Who must the client appoint if there are more than one contractor on site?
Principle contractor
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80. What does the term “Reasonably Practicable” mean
It means balancing the controls of a real risk with time, money and trouble. If there is a hazard it needs to be dealt with as long as it is reasonable practicable.
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81. Who are the main duty holders under CDM
Client, domestic client, principle designer, principle contractor
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13. How do emails vary from the postal rule?
Emails are not covered by the postal rule and acceptance is said to have occurred once the email has been read.
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14. How does the term “Quid Pro Quo” influence contracts?
It means that for a contract there has to be an exchange of something for something.
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15. What is consideration?
There has to be an exchange of something of value between the parties, required to make the agreement enforceable as a contract. Originally given in Currie v Misa (1875) LR 10 Ex 153, 162 “A valuable consideration, in the sense of the law, may consis
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16. Give an example of case law to demonstrate the value of consideration
Thomas v Thomas (1842) Chappel vs Nestle Co Ltd (1960)
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19. What is Estoppel?
Estoppel is a doctrine the courts use to prevent a party from obtaining a certain right based on something that is the opposite the parties: The party's past conduct The party's previous allegations or denials.
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21. What is a definition of Tort Law?
Tort law is a set of laws that is there to provide remedies to ones who have been hurt in some form of way another one's actions.
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22. What is the basis of Tort law?
The idea of this law is to punish people whose acts harm someone physically and mentally or their assets whether it was intentional or unintentional.
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23. What issues are covered by Tort Law?
Issues that are covered by tort law are things like injury’s and on going mental issues cause by ones act. Also issues like if someone’s assets or finances have affect rather the persons welfare.
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24. Why is Tort Law important and how does it differ from court law?
Tort law is important it focuses on disputes that are tort related which means that if one party has intentionally or accidently a wrongful act that has hurt a person or their assets then remedies will have to be applied to whoever has been affected.
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25. Why is tort law important and how does it differ from contract law?
Tort law is a breach of legal duty, determine rights between parties to a dispute , prevents repetition or continuation of harm. Tort law is different to contract because in a contract the parties fix the duties themselves where as in tort, the law f
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26. Donoghue v Stevenson [1932] AC 562, what is this case about and how does this impact on tort law?
Mrs Donoghue found a decomposed snail at the bottom of her ginger beer bottle. Snail could not be seen as the bottle was dark and opaque. The doctor diagnosed her with gastroenteritis and shock. She commenced a claim against the manufacturer of the g
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27. Caparo v Dickman (1990) what is this case about and how does this impact on tort law?
Claimants, Caparo owned shares in fidelity plc. Defendants Dickman prepared statutory audited accounts which Caparo read and relied on. They mounted to a successful takeover bid on additional shares in fidelity plc. However, accounts were inaccurate
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28. Explain the three stage test for duty of care? Give case law to back up your argument?
a. Was the harm or loss caused reasonably foreseeable? b. Was there a sufficient relationship of proximity between the claimant and the defendant for a duty to be imposed? c. In all circumstances is it fair, just and reasonable that the law should im
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29. What three key things must be proven for an action in Tort to be successful?
1. Duty of care exists 2. Duty Was Breached 3. Harm was suffered as a direct result of that breach
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30. How does negligence and tort law relate? How do you determine the standard of care?
Standard of care : 1. Likelihood of injury occurring 2. Seriousness of the risk 3. Probable consequences of the breach
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31. Name the case which defines Negligence?
Blyth v Birmingham Waterworks Co [1856]
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32 What are the key elements in negligence?
Duty, Breach, Cause and Harm
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33 What do the cases of Bolton – v – Stone [1951] and Paris v Stepney BC S(1951) show us.
Bolton – v – Stone [1951] :Claimant injured by a cricket ball that cleared a high fence. Defendant’s not liable as the risk / likelihood of injury was ‘negligible’ Paris v Stepney BC (1951): Employers who failed to provide a one-eyed workman with saf
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Card 2


2. Give some case law examples?


Balfour v Balfour (1919)

Card 3


3.  What are the different types of contract you might be involved with in the construction industry?


Preview of the front of card 3

Card 4


4. What is a counter offer?


Preview of the front of card 4

Card 5


5. Who are the parties to the contract in scenario 1?


Preview of the front of card 5
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