Civil and contact law Flashcards
what is civil law?
Civil law is a body of rules that defines and protects the private rights of citizens, offers legal remedies that may be sought in a dispute, and covers areas of law such as contracts, torts, property andfamily law.
what does civil law do?
Civil law settles disputes between individuals and organisations, and it often involves compensation being awarded.
No one is sent to prison in a civil case, but they may be left out of pocket if they are found liable for compensation.
what is contract law?
Case law: Gibson v Manchester City [1979] UKHL 6)
Breach of contract or promise, such as cases where money is unpaid or a contract is not honoured
Contract lawdeals with agreements between two or more parties, each of which is obligated to hold up their portion of the agreement.
what does contract law do?
Contracts can be oral or written, however certain contracts need to be put in writing.
Must be a clear offer and a clear acceptance
what is personal injury?
Personal injury cases, such as road traffic accidents, medical and clinical negligence and slips, trips and falls
what is family law?
Family disputes, such as divorce, dissolution of civil partnerships, children’s issues and childcare arrangements
Family law is the branch of civil law that deals with marriage, divorce, annulment,child care, adoption, birth,child support, and any other issues affecting families
what is employment law?
Employment law, for example where an employee suffers discrimination
what is duty of care?
Civil law cases often hinge on establishing whether or not the accused person or organisation, legally known as the defendant, had a duty of care towards the claimant.
what is Children and Young Persons Act 1933?
Cruelty to persons under sixteen.
(1)If any person who has attained the age of sixteen years andhas responsibility forany child or young person under that age, wilfully assaults, ill-treats, neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned
what is tort?
Tort is a branch of civil law that is concerned with personal injury and civil wrongdoing.
A tort is a civil wrong, done by one person or entity to another which results in injury orproperty damage
what does tort law do?
Negligenceis an unintentional tort, to which there are four elements that must be satisfied:
Duty of Care: The defendant had a duty to act in a reasonable manner;
Breach of Duty: meaning that the defendant failed to act reasonably;
Causation: The defendant’s breach of duty must be the cause of the plaintiff’s injury or loss;
Damages: Monetary, property, or other loss/injury.
what is employment law?
By law, all workers have a number of rights that have been carefully laid down to ensure that all individuals are treated fairly by their employers
what is Contractual Employee Rights?
The terms and conditions of your employment or your contract, other than those required by law. These are known as contractual employee rights.
what is counter contract?
Case law: Hyde v Wrench [1840] 3 Beav 334
Counter offer. n. an offer made in response to a previous offer by the other party during negotiations for a final contract.
Making a counter offer automatically rejects the prior offer, and requires an acceptance under the terms of the counter offer or there is no contract.
what does invitation to treat mean?
Case law: Partridge v Crittenden [1968] 2 All ER 421
An invitation to enter into negotiations with a view to creating an offer.
EG. I have kittens and if XYZ wants a kitten they can create an offer for the kitten. Where as if I made the offer then it would be an offer not an invitation to treat.
what is postal rule?
case law: Adams v Lindsell (1818) 1 B & Ald 68
A rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror.
EG. Normally you need to make an offer directly to the offeror but in this you can make an offer by post and the offer is accepted when the letter is addressed, stamped and in the mail.
what does consideration mean?
Case law: Thomas v Thomas
In contract law consideration is concerned with the bargain of the contract.
A contract is based on an exchange of promises. Each party to a contract must be both a promisor and a promisee.
They must each receive a benefit and each suffer a detriment. This benefit or detriment is referred to as consideration.
what does presumption mean? (domestic)?
Case law: Balfour v Balfour [1919]
It is the Intention to enter into a leagl contract:
Rebutting Presumption
Case law: Merrit v Merritt [1970]
It is an assumption that is made in the law that will stand as a fact unless someone comes forward to contest it and prove otherwise.
EG. a married women baby will be pressumed to be the baby of the husband unless proven otherwise.
Will contract
Case law: Thomas v Thomas (1842) 2 QB 851
this is when someone makes a contract, that when they die they will give their possessions to someone. Legal contract….will.
What is Breach of Contract?
Going away from the contract
No performance at all
Delayed performance
Defective performance
what is entitlement?
case law:
The compensation for the loss or damage that has occurred.
what does Expectation loss mean?
Loss of profit
what does Reliance loss mean?
The costs incurred by the claiment
