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Law - concepts and perspectives > Civil Obligations > Flashcards

Civil Obligations Flashcards

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1
Q

What are the essential ingredients of a contract?

A

Offer
Acceptance
Consideration
Intention to create legal relations

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2
Q

When will an agreement not be legally enforceable?

A

If the agreement is for an illegal or immoral purpose

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3
Q

What case is linked to an offer?

A

Fisher v Bell[1961] 1 QB 394
Is displaying a knife in the window with a price tag, constituting an offer for sale.
Held- no, it is only an ‘offer to treat’

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4
Q

What does it mean by an invitation to treat?

A

The seller is inviting the prospective purchaser to make an offer, which the seller can choose to accept or decline.

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5
Q

For there to be a legal agreement , what must there be?

A

An offer and acceptance of that offer

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6
Q

Agreements do not usually have to be in writing. What are the exceptions to this?

A

Contracts for sale of land

Selling and buying a car must be in writing due to transfer of registration documents

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7
Q

Does there need to spoken words for an offer to be accepted

A

No, but the conduct must signify acceptance. Such as counting out the agreed sum of money, or got in a bus and asked to be taken to a destination and given the fare- are all legally enforceable.

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8
Q

What is the case relating to acceptance?

A

Felthouse v Bindley (1862) 11 CBNS 869

Uncle was going to purchase nephews horse. Uncle wrote to nephew. ‘If I hear no more about him, I consider the horse mine. Nephew did not reply. He sold some horses at auction but auctioneer sold said horse. Uncle sued auctioneer in tort of conversion. The court held that the horse did not belong to him and could not claim under tort of conversion.

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9
Q

What is the tort of conversion?

A

Involves wrongly assuming rights over another’s property.
Case
Felthouse v Bindley 1862
Auctioneer horse

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10
Q

What is consideration?

A

There is a reciprocal arrangement. Each is giving something

Gratuitous promises are not enforceable

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11
Q

What is sufficient consideration?

A

Regardless of whether you are paying less than the market price, if an agreement was made then there is consideration. If they didn’t pay that lower amount then there is no consideration and the agreement would not be enforceable

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12
Q

What is past consideration and is it enforceable?

A

Things done in the past cannot constitute consideration for subsequent promises.
Case
Eastwood v Kenton (1840). 11 Ad & El 438
Eastwood was Sarah’s guardian and borrowed £140 to bring her up. When she married, her husband Kenyon promised to off Eastwood debt, he didn’t. Court found past consideration was no consideration.

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13
Q

Is payment of a lesser sum consideration?

A

No, payment of a lesser sum in the due date is no consideration for the whole sum.
Pinnell’s case 1602 5 Co Rep 117 a

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14
Q

What is distinguishing precedent?

A

Where the facts of the present case are different to the earlier precedent. Therefore the legal principle is not relevant.

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15
Q

Which case challenged pinnells case?

A

Foakes v Beer [1884] 9 App Cas 605

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16
Q

In which circumstances is there a presumption that there is no intention to create legal relations?

A

Domestic and social agreements

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17
Q

When is there a presumption of intention to create legal relations

A

Commercial

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18
Q

What is the case and points regarding domestic and social agreements?

A

Balfour v Balfour [ 1919] 2 KB 571
Married couple lived in Sri Lanka but returned to England. Her husband had leave to return but doctor advised to remain in England. wife claimed husband promised to pay £30 per month until she returned. Relations deteriorated and 3 years later Mrs Balfour wants a divorce and claimed the monthly sums that were promised from husband. She first won, husband appealed and was successful.
The judges agreed there was no intention to be legally binding and no consideration offered.
Precedent - for an agreement to be legally binding both parties must provide consideration.
And- for a contract to be legally enforceable the parties must intend to create legal relations.

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19
Q

What is ratio decidendi?

A

The reason for the decision.

20
Q

Which case rebutted the commercial intention to create legal relations.?

A

Rose and Frank Co v JR Crompton and Bros Ltd[ 1925] AC 445

Bound in honour not enforceable in courts.

21
Q

If there is breach of contract . Individuals will seek compensation- what is it called?

A

Damages- general
As a result of the negligence- physical loss or damage to property etc
Special damages- awarded to the individual dependent on the incident- loss of earnings, hospital fees, prescriptions and travel costs( all receipts needed)

22
Q

What are the equitable remedies for breach of contract?

A

Available at discretion of court when monetary compensation is not sufficient.
Specific performance- makes someone perform the parties contract. I.e. Contract to buy a specific unique item.
Injunctions- either prohibitory( stop someone doing something which would breach contract )
Or mandatory compel a party to undo a breach of contract.

23
Q

What is the case relating to specific performance?

A

Behnke v Beds Shipping Co Ltd[ 1927] 1 KB 649
Wanted to purchase a ship and put it in the German Register. Expert stated there was only one other ship like the one they wanted and it was sold so the purchaser would not be able to get an equal ship- was awarded specific performance

24
Q

What case relates to injunctions?

A

Araci v Fallon 2011 EWCA Civ 668

Fallon entered into a rider retainer agreement meaning he could not ride any other horses in races except Native Khan, in which the horse was running.Fallon agreed to ride another race horse in a race where Native Khan entered. The owner of Native Khan sought an interim injunction on the day of the Derby preventing Fallon riding any other horse except Native Khan.

25
Q

What does caveat emptor mean?

A

Buyer beware

26
Q

What protection do consumers have in the law regarding contract law?

A

Unfair contract terms Act 1977
Sales of goods Act 1979
Supply of goods ( implied terms) Act 1979
And Eu directives

27
Q

What protections does employment law provide?

A

The right to not be unfairly dismissed
Employment rights act 1996

Minimum wage
National minimum wage act 1998

28
Q

What is the law of tort?

A

Torts arise when the conduct of one party affects the rights of the other party.

29
Q

What is cookes pattern of tort?

A

Act( omission( + causation + fault + protected interest + damage = liability.

30
Q

What famous case related to the Tort of Negligence?

A

Donoghue v Stevenson [1932] Ac 562

31
Q

What was the legal issue in Donoghue v Stevenson)

A

It was whether May Donoghue could sue the manufacture of the ginger beer.

32
Q

What principle emerged from the ginger beer case?

A

The neighbour principle
Lord Atkinson
‘ you must take reasonable care to avoid acts or omissions which would likely injure your neighbour. Who in law is my neighbour? persons so close that are directly affected by my actions

33
Q

What is the first stage in making a claim for negligence?

A

The claimant must show that they were owed a duty of care.

34
Q

What is the second stage of making a claim for negligence?

A

You must prove that the other party breached that duty of care

35
Q

What is res ipsa loquitur?

A

The thing that speaks for itself
The courts realise it isn’t always possible to prove all elements in cases.
Therefore- it is down to the defendants to prove they were not negligent

36
Q

What is the third stage of making a claim of negligence?

A 
Resultant and foreseeable loss
A claimant must show that
They suffered loss
The loss was a result of the act of omission of the defendant 
The loss was foreseeable
37
Q

Torts can be split into two groups - what are they?

A

Those arising from common law duties and those arising from statutory duties.

38
Q

What is meant by breach of statutory duty?

A

Certain legislation imposes a duty to behave in a particular way.
E.g. The Equality Act 2010 puts a duty to not discriminate on age, sex, disability etc
Breach of this would lead the individual to bring an action under the act

39
Q

What is the tort of defamation?

A

To protect reputation of both individuals and companies.
The tort covers slander( spoken word)
And libel ( permanent written word)
Case: steel and Morris v United Kingdom 2005 41 EHRR 22
They were alleged to have libelled McDonald’s. Did not get legal aid help took uk to Ecthr and were successful in art 6 and art 10

40
Q

What Act was introduced following steel v Morris?

A

The defamation act 2013
Requires claimant to demonstrate the defamation has/ will cause serious harm.
Now have defences of truth and honest opinion

41
Q

What is the tort of private nuisance?

A

Concerns the use and enjoyment of land and indirect interference with the land
Miller v Jackson 1977 QB 966

Millers enjoyment of his land was affected by the local cricket club with balls being hit into garden and house. Even though the cricket club was there before House was built, the court of appeal held the club were liable to compensate miller.

42
Q

What is public nuisance?

A

Claimants must show they have suffered special damage.
Castle v st augustines links ltd 1922 38 TLR 615
A golf ball hit castles car from the golf club adjacent to the public road.
Castle received special damages.

43
Q

What is trespass to land?

A

Concerns protecting property rights.such as entering another’s land without permission or not leaving said property when asked. Landowners do not have to show they have suffered actual damage
Star energy Weald basin limited and another x Bacardo SA 2010 UKSC 35
Star energy were drilling 950 feet below the surface for petroleum. Although it didn’t affect enjoyment of land they found the drilling amounted to trespass to land.

44
Q

What is trespass to the person?

A

It covers assault, battery and false imprisonment
Must be committed intentionally or recklessly.
Assault- apprehend they will suffer the infliction of immediate unlawful force
Battery- the actual infliction of that unlawful force.
Letang v cooper[ 1965] 1 QB 232
A car ran over Woman’s legs as she sunbathed on a grass area of a car park. Failed because it was not intentional

45
Q

Why did Letang bring her action in trespass rather than negligence?

A

Because Letang failed to bring her action within 3 years for negligence but she had 6 years for trespass
Limitation Act 1980 - personal injury still in 3 years but negligence and trespass are 6 years.

Law - concepts and perspectives (13 decks)

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