FLk 1 gaps 29/12/24 Flashcards
topics missing in gaps exam prep
requirement to breach any article? hra
Trial and costs- 3rd party costs- non-parties who fund the litigation rules and liablity for costs?
Indexation allowance is available to a company
Acquisition Costs: Original purchase price or market value.
Incidental Costs of Acquisition: Stamp duty, legal fees, valuer fees.
Enhancement Costs: Capital improvements to the asset.
Incidental Costs of Disposal: Agent fees, legal fees, advertising.
Powers of senedd cyrmu
The Senedd Cymru (Welsh Parliament) has the power to legislate on devolved matters (e.g., health, education, environment).
It cannot legislate on reserved matters, which remain under the UK Government’s control (e.g., defense, foreign affairs).
If a bill does not affect reserved matters, the Senedd can pass it with a simple majority.
The UK Government cannot veto such bills unless it can prove they adversely affect reserved matters.
Disputes about competence can be referred to the Supreme Court before royal assent.
DR- trial- when can questions be asked, what type of questions, does it chage per trial type? eg fast, immediate, eithre way/ multi track?
Contract b2b SGA 5 vs b2c CRA 5 remedies
B2B Remedies (Sale of Goods Act 1979 - SGA):
Reject Goods: For breach of condition or substantial breach.
Damages: Compensate for losses due to breach.
No Automatic Repair/Replacement: Requires negotiation.
Specific Performance: Rarely available, for unique goods.
Delivery Issues: Damages for delay or non-delivery.
B2C Remedies (Consumer Rights Act 2015 - CRA):
Short-Term Right to Reject (30 Days): Full refund for faulty goods.
Repair or Replacement: A statutory right.
Price Reduction/Final Right to Reject: If repair/replacement fails.
Digital Content Remedies: Fix faulty digital content or refund.
Service Remedies: Re-perform the service or reduce the price.
Tort- employer breach, where must claims be borught
EERA 2013- cannt bring a claim undre breach of stat duty. mus tbrin claims under negligence, can use the act to stablish duty of care.
DR- costs, in each track, when i sfixed, std and indeminty used/ applies?
contqt damages clauses
weight of differnt type of votes- pole, written resolution, show of hdans, and conseq or effect of someone not present with no proxy
any shareholder holding at least 10% of the voting shares is entitled to call for a poll (s.321).
statutory interperation types: 5
Eiusdem Generis- rule of language to interpret a general term alongside more specific terms listed in the statute
mischief rule requires the judge to consider the legislator’s intention and the ‘mischief’ (or problem) that it was designed to correct.
extrinsic evidence rule is where the judge uses an extrinsic aid to interpretation which is outside the statute itself. This may include reference to the Interpretation Acts, a dictionary or other statute.
the golden rule is used when there is ambiguity in the meaning of a word in a statute and the judge must therefore choose between two possible meanings to avoid an absurd result.
the literal rule is where the words are given their plain, ordinary and literal meaning
s.339(3) and s.341 Insolvency Act 1986) bankrupst challenge cases
Buisness how to calculate net assests vs net current assets
Net Current Assets Formula:
Current Assets – Current Liabilities
Only considers current assets and current liabilities.
General expenses or net profit do not affect these figures
Net Assets = (Fixed Assets + Current Assets) – (Current Liabilities + Long-Term Liabilities)
Definition e for insolvency
r s267 Insolvency Act 1986 when a debt is payable immediately and the debtor does not have sufficient funds to pay, even though they may be able to pay at some point in the future he is insolvent
tort product liability- nvr done before
