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Question 1

what is ejusden generis ?

Answer 1

of the same kind

Question 2

what is tort ?

Answer 2

tort is a breach of duty primarily fixed by law where the duty is towards persons generally and its breach is capable of redress by an action for damages

Question 3

what is contract?

Answer 3

a legally binding agreement between two or more persons whereby each party undertakes specific obligations conferred by the virtue of the agreement.

Question 4

what are the breaches of ethical commitments?

Answer 4

professional misconduct, unauthorized billing, conflict of interest , unauthorized practice of the law and fraud

Question 5

ratio decedendi?

Answer 5

this is when the decision of a case before is used to decide a new case

Question 6

advantages of the literal rule

Answer 6

it promotes certainty, it restricts the rule of the judge, it provides no scope for the judges to use their own opinions or prejudices. reinforce the constitutional position of the judge

Question 7

disadvantages of the literal rule

Answer 7

creates loopholes in the law, leads to injustice , undermines public confidence in the law

Question 8

rules when departing from the literal rule

Answer 8

parliament could not have seen the deviation, it is obvious that parliament could not have intended the anomaly, an anomaly must exist

Question 9

advantages of the golden rule

Answer 9

closes loopholes, often gives a more just result, brings more common sense to the law,error in drafting can be corrected immediately

Question 10

disadvantages of the golden rule

Answer 10

judges are able to add or change the meaning of the statute therefore becoming lawmakers infringing the separation of powers, judges have no power to intervene for pure injustice where there is no absurdity

Question 11

advantages of the mischief rule

Answer 11

closes loopholes, allows the law to adapt and develop to changing needs

Question 12

disadvantages of the mischief rule

Answer 12

creates an crime after the event, gives judges a law making role therefore infringing the separation of powers, judges can bring there own views, sense of moralities and prejudices to a case.

Question 13

expression unius exclusius alterius

Answer 13

the expressed mention of one thing excludes by implication of the other

Question 14

noscitur a sociis

Answer 14

this means that meaning of the word can be determined from the context in which it is used

Question 15

function of tort ?

Answer 15

property rights and associated interest in an individual retaining his own physical health and amenities

Question 16

elements of contract

Answer 16

each party must give valuable consideration unless the contract is under seal, an intention to create legal relations, each parties must have contractual capacity, the consent of both parties must be genuinely and freely given. the contract must not be for illegal purposes

Question 17

what is a strict liability offence

Answer 17

an accused with such offence is liable to conviction on the actus reus alone

Question 18

the function of criminal law ?

Answer 18

prevention of offence to others, defense of the state, protection of property, collection of revenue, protection of institutions, enforcement of public benefit.

Question 19

what are delegated legislation?

Answer 19

delegated legislation are laws that are made by private bodies which are given the power to do by parliament

Question 20

example of a delegated legislation

Answer 20

rules of the supreme court