English LEGAL SYSTEM 2

Question 1

Types of law

Answer 1

Common Law and equity

Private law and public law

Criminal law and civil law

Question 2

Common law

Answer 2

1) From local customs
2) System of precedent
3) Only remedy is damages
4) Can be rigid

Question 3

Equity Characteristics

Answer 3

1) Flexible
2) Includes remedies like specific performance and injunctions
3) Concerned with fairness
4) Won’t be given if undue delay in bringing a case, if petitioner has acted unfairly or there’s no mutuality (both parties should be able to bring a case)

Question 4

3 Track System

Answer 4

Small claims track - claims up to 10k, informal court

Fast claims track - 10-25k, lasts one day max

Multitrack- Over 25k, and or complex claims

Question 5

Is the Magistrates Court an appeal court?

Answer 5

No

Question 6

When is precedent not binding

Answer 6

1) Overruled by higher court
2) Overruled by statute
3) Was made without proper care (per incuriam)
4) Material facts differ

Question 7

Advantages of judicial precedent

Answer 7

1) Doctrine of precedent makes system consistent
2) Decisions can be adjusted to reflect changes in society (flexible)

3) Ratio decidendi makes law clear
4) Decisions from actual events, so system is practical

Question 8

Parliament consists of

Answer 8

HOL
HOC
Monarch

Question 9

To become act of Parliament Bill goes through 6 stages

Answer 9

1) 1st reading - Name of Bill and proposer read out
2) 2nd reading- Debate and vote
3) Committee stage - Committee consider wording of bill, can last several months
4) Report stage - Bill as amended by Committee read back to full house
5) 3rd reading - Bill read for final time
6) At end of this process in both houses, bill gets royal assent

Question 10

Delegated Legislation examples

Answer 10

1) Statutory instruments (alterations to acts of Parliament made without having to pass a new act): made by government ministers
2) Bye -laws: made by local authorities
3) Orders in council: made by privy Council (advise queen) in name of monarch on advice of prime minister

Question 11

Delegated Legislation advantages

Answer 11

Saves Parliament time
Can benefit from expertise
Flexible

Question 12

Delegated Legislation disadvantages

Answer 12

Its volume and lack of publicity means it’s hard to keep up with

Undemocratic

Question 13

Elements of valid contract

Answer 13

1) Agreement
2) Consideration
3) Capacity (eg soundness of mind)
4) Legality

Question 14

Invitations to treat examples

Answer 14

1) Adverts (if they make clear no further negotiation required)
2) Shop window displays
3)Goods on shop shelves
4) Company prospectus (sale of shares)
5) Price list or displays on website
6) Asking for tenders

Question 15

Ways offer can be terminated

Answer 15

1) Rejection and counter offer
2) Revocation
3) Failure of precondition
4) Lapse of time

Question 16

Revocation

Answer 16

Can be made any time before acceptance

Can be made even if offeror agrees to keep offer open

Must be communicated to offeree by offeror or reliable 3rd party

Question 17

What is Sufficient consideration?

Answer 17

Consideration capable of being given a value

Question 18

Inadequate consideration

Answer 18

Unequal consideration.Parties are free to contract under any terms they wish

Question 19

Must consideration be sufficient?

Answer 19

Yes

Question 20

Ways contract can end

Answer 20

By performance

By breach of contract

Question 21

Actual breach occurs when

Answer 21

1) One party fails to put forward any sort of performance

2) Performance is so inadequate one party substantially deprived of benefit of contract

Question 22

Anticipatory breach occurs when

Answer 22

1) Declares no intention to perform (express anticipatory breach)

2) Does something which makes performance impossible eg leaves country (implied anticipatory breach)

Question 23

2 Types of losses that can be recovered

Answer 23

1) Losses which are a natural consequence of the breach (normal losses)

2) Losses not reasonably foreseeable (abnormal losses). Party in breach liable if knew such losses could arise

Question 24

A sum is presumed to be a penalty clause if

Answer 24

1) The amount is out of proportion to the potential losses

2) The same amount is given for a number of potential losses

Question 25

Purpose of damages

Answer 25

1) Put innocent party in position would’ve been
2) Compensate innocent party

Question 26

Equitable remedies not granted if

Answer 26

1) Damages are an adequate remedy

2) Claimant has acted unfairly

3) Claimant has unduly delayed bringing an action to court

Question 27

Specific Performance

Answer 27

1) Requires someone to perform contractual obligations
2) Not available for personal service contracts.
3)Enforces personal covenants (obligations) within the contract

Question 28

Injunction

Answer 28

Orders someone not to do something. Enforces negative covenants.

Question 29

Rescission

Answer 29

Restores parties to pre contract position