FLK1 mock wrong questions Flashcards
Test for remoteness of damage in Contract CPA 1987
Direct consequence- loss that is a direct consequence of the breach.
need only be a consumer (not buyer) who suffered harm caused by the defect
Can ministers use royal perogrative power to over ride statute
NO:
De Keyser’s Royal Hotel [1920] AC 508, and R v Secretary of State for the Home Department, ep Fire Brigades Union [1995] 2 AC 513, the House of Lords held that it would be an abuse of prerogative power for a minister to exercise power in a way which is inconsistent with statute, due to Parliamentary Supremacy.
Following a summary trial in the magistrates’ court for a charge of common assault, a defendant, who pleaded innocent, is found guilty. Can they appeal?
Defendants who have originally pleaded not guilty to summary offences in the magistrates’ court can appeal both the conviction and sentence to the Crown Court.
features of a limited partnership
Partnership act, mustbe registered with CH on form LP5.
liabilty limited to their contribution.
limited partners cannot bind the firm or take part in management.
diferent from a limited liabilty partnership
different court tracks based on financial value CPR r 26.6
high court, <50k/ >100k
Country court <50k and <100k
limitation period for contract claims
breach of contract claim expires six years from the date of the breach occured
what is the liability when a partner leaves a partnership. what conditions must be met to cease to be liable for future debts
partners are jointly and severally liable for all debts incurred by the partnership whilst they are partners (ss9, 17(2) Partnership Act 1890, s3 Civil Liability (Contribution) Act 1978)
An outgoing partner is not liable for debts incurred after he leaves the partnership provided that he gives appropriate notice ( notice to all clients, gazette and removes name from the company) and is not knowingly held out as a partner (ss36, 14 Partnership Act 1890)
duty of care for medical
Bolam v Friern Hospital Management Committee [1957] 2 All ER 118, a doctor must be judged according to the standard of the reasonably competent medical practitioner.
(standard of a reasonalbel person having the skill the D claims to have)
(conduct regarded as proper by a responsible body of professional opinion)- Bolam test applies to all accepted practice/ professional.
procedure for defence in particulars of claim
Admit the facts that can be admitted,
Deny any facts and state why- do not include expert evidence yet.
or neither admit or deny- facts you have no knowldge of or no proof of. Claimant must prove these facts.
Can provide alternative statement of loss for admitted losses.
may issue counterclaim here.
Can the court question the validity of an act
Under the ‘Enrolled Act’ rule, once a bill has passed both Houses of Parliament and received Royal Assent no court can question the validity of the Act or hold that Act to be void.
they can only review the actions of the authorities under the process of judicial review.
Court of Appeal follows decisions?
Court of Appeal must follow judgments of the Supreme Court when inconsistent with its own even if not overruled.
Overriding legal obligations - financial services
can court review actions It is their assertion that Westminster should not legislate over this Scottish matter without the consent of Holyrood, the Scottish Parliament.
R v Miller confirmed that this Parliamentary convention (known as the Sewel Convention) is not binding and as such a court cannot judicially review the exercise of it.
Commencing and responding to a claim: latest day a a claim can be validly served?
service must occur within four calendar months of the date it was issued,
CPR r 7.4 which provides as follows: (1) Particulars of claim must (a) be contained in or served with the claim form; or (b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.
(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form. As to service of the claim form, r 7.5(1) provides that where the claim form is served within the jurisdiction, the claimant must complete the step required [by the following table] in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.
Features of a General Partnership
not a separate legla entity.
all share in profit and loss
each parther may manage,
no one entitle for renumeration
any agreement must have all partners agree
