L1 Flashcards
What is the difference between public and private law
Wether the acts affect society as a whole or a grievance between two people
What is substantive law
Laws that defines the rights and duties of people as principles
What is procedural law
The rules that enforce the principles of substantive law
What is national, regional and international law
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
What is civil law
It details how to resolve conflicts and how victims should be compensated
What is criminal law
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
In what parts of great Britton is English law applicable
England and Wales
Why do we study english law
Because laws all over the commonwealth are built on it
What are the pillars of common law
Judge made law, adversarial procedure and oral arguments
What is equity in law
Fairness and the application of good conscience yo the settlement of disputes
How is certainty, uniformity and consistency guaranteed in English law
Through judicial precedents where case law is made based in the outcome of previous trials
How does english law ensure flexibility
Through vague enough statements and the ability for judges to overrule, reverse and disapprove of previous case law if they have the authority
How did English law loose sovereignty when the uk joined the eu
Becouse eu law takes precedent over national law when in conflict
Has leaving the eu majorly affected english substantive commercial law
No
What are torts
Civil wrongs causing loss or harm that results in liability
Name some common torts
Trespassing, nuisance, negligence and criminal offenses such as assault and battery
What are the requirements for someone to be judge guilty of the tort of negligence
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
What does it mean that a standard of care applicable for someone to be accused if negligence must be an objective standard
That the standard if care that the accused should have upheld should be the one expected if any reasonable person in that circumstance
What happens if the court finds that the cause if harm was not reasonably foreseeable
Then the accused need not pay
What does it mean that liability is fault based in a tort
That the burden if proof that there is harm caused by the defendant lies with the plaintiff
What does res ipsa loquitur imply in a tort
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
When is liability strict
When the burden of proof lies on the defendant
Is negligent statements or misrepresentation a tort
Yes
What does the doctrine of volentia non fit injuria imply
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
What is the definition of a contact
An agreement between two parties that is legally binding
Which are the requirements for a contract ti be legally binding
Offer acceptance and consideration
What is consideration and what happens without it in relation to contracts
Consideration is the exchange of promises gains and detriment between the parties. Without it the law if gifts or estate apply not contracts
What is consensus ad idem
Evidence of negotiations and acceptance and that there was a meeting of minds
What is business efficacy
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
What is a quasi contract
Implied contracts often verbal
What applies to unjust enrichment due to some contract tecnicality
It can be corrected by court
What are representations in the context of contracts
Statements made to encourage the signing of contracts
What happens when a contract representation is breached
Depending on if it is innocent negligent or fraudulent it can be a valid cause for action by law
How can terms of a contract be categorized
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
What is contract repudiation
Rejection of a contract by a party such as non performance which is a breach
What is contract recession
A form if remedy in contract law where you don’t need to perform when the other breaches or repudiates
When is a contract void ad initio
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
Can a. Contract be voidable due to some defect even if it was valid ab initio
Yea
What does frustration if a contract mean
That it was impossible to perform without fault or blame on ether side
Is self induced frustrations recognized by law
No
What are remedies in a contract
Compensations, damages, civil sanctions. Means by which the plaintiff can be put back where they were before the damage in breach if a contract
What are liquidated damages
When a remedy in the form of pecuniary compensation aka money favors or things is built into the contract
What is equitable remedy
Also called extraordinary remedy and is a remedy in the form of a specific performance
Name a couple of extraordinary remedies
Injunctions and prohibitions that stops and prevents the defendant from doing something in the future
