L1

Question 1

What is the difference between public and private law

Answer 1

Wether the acts affect society as a whole or a grievance between two people

Question 2

What is substantive law

Answer 2

Laws that defines the rights and duties of people as principles

Question 3

What is procedural law

Answer 3

The rules that enforce the principles of substantive law

Question 4

What is national, regional and international law

Answer 4

National law applies in one nation while regional law applies in larger regions such as the EU, international laws are recommendations from international organizations that can be woven into contracts

Question 5

What is civil law

Answer 5

It details how to resolve conflicts and how victims should be compensated

Question 6

What is criminal law

Answer 6

Laws that the government enforces without people needing to bring it to court that deals with crime such as tax fraud murder and the like. It punishes crime

Question 7

In what parts of great Britton is English law applicable

Answer 7

England and Wales

Question 8

Why do we study english law

Answer 8

Because laws all over the commonwealth are built on it

Question 9

What are the pillars of common law

Answer 9

Judge made law, adversarial procedure and oral arguments

Question 10

What is equity in law

Answer 10

Fairness and the application of good conscience yo the settlement of disputes

Question 11

How is certainty, uniformity and consistency guaranteed in English law

Answer 11

Through judicial precedents where case law is made based in the outcome of previous trials

Question 12

How does english law ensure flexibility

Answer 12

Through vague enough statements and the ability for judges to overrule, reverse and disapprove of previous case law if they have the authority

Question 13

How did English law loose sovereignty when the uk joined the eu

Answer 13

Becouse eu law takes precedent over national law when in conflict

Question 14

Has leaving the eu majorly affected english substantive commercial law

Answer 14

No

Question 15

What are torts

Answer 15

Civil wrongs causing loss or harm that results in liability

Question 16

Name some common torts

Answer 16

Trespassing, nuisance, negligence and criminal offenses such as assault and battery

Question 17

What are the requirements for someone to be judge guilty of the tort of negligence

Answer 17

Defendant must owe plaintiff a duty if care and be in breach if that duty. The plaintiff must have suffered loss or damage and the breach of that duty must be the approximate cause of that harm

Question 18

What does it mean that a standard of care applicable for someone to be accused if negligence must be an objective standard

Answer 18

That the standard if care that the accused should have upheld should be the one expected if any reasonable person in that circumstance

Question 19

What happens if the court finds that the cause if harm was not reasonably foreseeable

Answer 19

Then the accused need not pay

Question 20

What does it mean that liability is fault based in a tort

Answer 20

That the burden if proof that there is harm caused by the defendant lies with the plaintiff

Question 21

What does res ipsa loquitur imply in a tort

Answer 21

That the harmful situation speaks for itself and there is a reversal of onus aka guilty until proven innocent without shifting the burden of proof

Question 22

When is liability strict

Answer 22

When the burden of proof lies on the defendant

Question 23

Is negligent statements or misrepresentation a tort

Answer 23

Yes

Question 24

What does the doctrine of volentia non fit injuria imply

Answer 24

An uno reverse card type defense where the defendant accuses the plaintiff of negligence, common in collision cases. Means to a sane person injury is not done. Leads to proportional liability according to the degree of fault of each party

Question 25

What is the definition of a contact

Answer 25

An agreement between two parties that is legally binding

Question 26

Which are the requirements for a contract ti be legally binding

Answer 26

Offer acceptance and consideration

Question 27

What is consideration and what happens without it in relation to contracts

Answer 27

Consideration is the exchange of promises gains and detriment between the parties. Without it the law if gifts or estate apply not contracts

Question 28

What is consensus ad idem

Answer 28

Evidence of negotiations and acceptance and that there was a meeting of minds

Question 29

What is business efficacy

Answer 29

That a contract should be read as the parties intended when weighting. Standard form of language m is the norm but can be modified by the parties so no slang and lingo unless specified by evidence

Question 30

What is a quasi contract

Answer 30

Implied contracts often verbal

Question 31

What applies to unjust enrichment due to some contract tecnicality

Answer 31

It can be corrected by court

Question 32

What are representations in the context of contracts

Answer 32

Statements made to encourage the signing of contracts

Question 33

What happens when a contract representation is breached

Answer 33

Depending on if it is innocent negligent or fraudulent it can be a valid cause for action by law

Question 34

How can terms of a contract be categorized

Answer 34

Conditions (breach if which can result in major damages and termination). Warranty which if breached result in damages and innominate term which can be ether condition or warranty depending on the seriousness of breach

Question 35

What is contract repudiation

Answer 35

Rejection of a contract by a party such as non performance which is a breach

Question 36

What is contract recession

Answer 36

A form if remedy in contract law where you don’t need to perform when the other breaches or repudiates

Question 37

When is a contract void ad initio

Answer 37

When the contract was not legally binding in the first place such as the lack if capacity if a party to enter into a contract if for example they were under the influence of drugs, threatened or they were a minor or insane

Question 38

Can a. Contract be voidable due to some defect even if it was valid ab initio

Answer 38

Yea

Question 39

What does frustration if a contract mean

Answer 39

That it was impossible to perform without fault or blame on ether side

Question 40

Is self induced frustrations recognized by law

Answer 40

No

Question 41

What are remedies in a contract

Answer 41

Compensations, damages, civil sanctions. Means by which the plaintiff can be put back where they were before the damage in breach if a contract

Question 42

What are liquidated damages

Answer 42

When a remedy in the form of pecuniary compensation aka money favors or things is built into the contract

Question 43

What is equitable remedy

Answer 43

Also called extraordinary remedy and is a remedy in the form of a specific performance

Question 44

Name a couple of extraordinary remedies

Answer 44

Injunctions and prohibitions that stops and prevents the defendant from doing something in the future