C: General principles of the legal system, contract and employment law Flashcards
What is the definition of law
System of all the community recognises that is punishable
Is a
Legally binding agreement between two parties
What does subject to contract mean?
The parties are not legally bound until the contract has been
What is a standard form contracts?
Reused contract that has a cool off period
The essential elements of a valid contract:
Offer: definite and unequivocal
Acceptance: and qualified an unconditional, must be communicated
Consideration: both parties provide something of value
Intention to be legally bound: intend on legal relationship
Is an invitation to treat an offer?
No, it’s an indication that a party is prepared to receive an offer
E.g. adverts/shop window displays/tenders
Is supply of information and offer
No it is not
A vague statements an offer?
No they are not
what are the four ways you can terminate an offer?
Rejection and current offer
Revocation (withdrawal)
Lapse of time
Failure of precondition
Unilateral contract? Can it be revoked?
Offer made to the whole world e.g. a reward
There is no revocation
What is the postal rule?
Acceptance is complete as soon as the letter is posted properly i.e. no communication needed
Are the three types of consideration that are valid?
Executed consideration: had carried out at the time contract was made
Executory consideration: exchange of promises for the future
Sufficient consideration: something of monetary value but not necessarily equal
What are the three types of invalid consideration?
Pass consideration: involving something already done
Existing statutory duty: i.e. legal duty
Existing contractual duty: existing work rather than additional amount
Are domestic or social agreement is legally binding?
No they are presumed not to be
Balfour vs Balfour: married so no binding
Merritt vs meritt: separated so legal relationship
are commercial agreement legally binding?
Yes unless there is strong evidence on the contrary
what is binding in honour only?
Expressed denial of the intention to create a legal relationship i.e. blinded by honour not legally
What is a collateral contract?
An exchange/deposit given for
What is misrepresentation?
A full statement made to induce the other party into legal relationship
What does voidable mean vs Void?
Voidable: valid and will continue to innocent party cancels
Void: revert to original position
What are express terms?
Specific terms that are written, oral or a combination
What are implied terms?
Not expressly included in contract but can be implied by:
– nature of the contract
– Customer and usage
– legislation
What are the conditions for a valid employment contract?
Offer: employer to employee
Acceptance: employee to employer
Consideration: remuneration for work
Business agreement: presumed to intern legal relations
Can be written or oral
What is wrongful dismissal?
Termination of employment without proper notice or during the fixed term
What is a summary dismissal?
Dismissal without notice
