definitions S1

Question 1

contract

Answer 1

an agreement giving rise to obligations which are enforced or recognised by law

Question 2

misrepresentation

Answer 2

a false statement made knowingly or unknowingly which was relied upon by the claimant who contracted with the respected party

Question 3

privity of contract

Answer 3

only a party to the contract acquires the rights and obligations under it

Question 4

exemption clauses

Answer 4

a term which limits or excludes a party’s liability for a breach of contract

Question 5

tort

Answer 5

civil wrong which interferes/infringes upon another’s rights

Question 6

negligence

Answer 6

failure to exercise reasonable care, thereby causing injury to others or damage to property

Question 7

statutory duty of care

Answer 7

a duty of care which is imposed by virtue of an act of parliament e.g. consumer protection act 1984

Question 8

nervous shock

Answer 8

medically recognised/ diagnosed psychiatric illness

Question 9

vicarious liability

Answer 9

imposes strict liability on employers for the wrongdoings of their employees

Question 10

defamation

Answer 10

untrue statement purporting to be fact which damages the claimants reputation

Question 11

Defamation & trespass act

Answer 11

defamation act 2013

Question 12

statutory duty of care act

Answer 12

• health and safety at work act 1974
• occupiers liability act 1957 (lawful visitors)
• occupiers liability act 1984 (trespassers)

Question 13

exemption clauses (statutory controls) act

Answer 13

• consumer rights act 2015
• unfair contract terms act 1977

Question 14

SoGA & UCTA statutory IMPLIED terms act

Answer 14

• sales of goods act 1979
• consumer rights act 2015

Question 15

privity of contract act

Answer 15

the rights of third parties act 1999