Last minute Flashcards
important types of delegated legislation
orders in council
statutory instruments
bye laws
what is a statutory instrument
regulations and orders made by ministers
why is contributory negligence strictly not a defence
plea mitigation, reduces liability but doesn’t remove it
key characteristics of trespass
direct, intentional (or possibly only negligent) always actionable per se
what does occupiers liability act 1957 do
duty is owed if the occupier knows or has reasonable grounds to believe that danger exists and the trespasser may come into its vicinity
contracts which must be made by deed
transfer of title of land or british ship/shares in british ship
what are necessaries
basic products and services of everyday life
when can a contract become frustrated
illegal after concluded, futile or impossible to perform
how can a contract be discharges
performence, breach, agreement, frustration
define material fact
anything that would influence the judgement of a prudent insurer
what is the contra proferentem rule
where term is ambiguous the courts will construte the term against the party that proposed it
warranty in marine
express or implied
warranty in non marine
only express
do insurance policies cover losses caused by negligence
yes, generally liable unless loss was deliberate
impact of versloot dredging decision
harder for insurers to use fraudulent device defence where false representation was given to improve prospects of genuine claim
can average operate as an implied term
yes in marine
maybe in commercial property
unlikely in household
what is a more specific insurance clause
policy will pay only when the cover provided by another more specific insurance clause has been exhausted
define restitution
a court order for the incapacitated party to return goods or pay for services if they’ve benefited from them, prevents unjust enrichment
what is statutory assignment
the assignment of a debt or chose in action transfers the underlying legal right to the assignee, must be absolute, in writing and expressly made
what is a basis of the contract clause
abolished in both consumer and business insurance
what is a bailee
person who has legal possession of goods belonging to antoher, they hold them for a particular purpose and usually for a limited time only
what is the elcock principle for partial losses
the insured is entitled to a proportion of the agreed value which is equivalent to the degree of depreciation in actual value caused by the loss
what does average do
provides that where the sum insured is less than full value, the insured will be considered their own insurer for the uninsured part of the risk and the claim payment for any loss will be scaled down proportionately
average calculation
(sum insured) / (true value x the loss) = amount payable by the policy
what is a particular lien
right to retain the particular goods in respect of which payment is due
what is a general lien
right to retain any property as security, arises only by agreement between the parties or by trade usage
what does promissory estoppel mean
hold a party who makes a promise to another accountable for the detriment suffered by the coutner party who relied on that promise
what happened in lister v romford ice and cold storage ltd 1957
insurers give up their subrogation rights in situations where the parties involved have a unique relationship, man recovered damages from employer and employers liability insurers claimed damages from his son
what is the goldne rule
courts are entitled to choose the meaning of words which avoid absurdity and assume that parliament did not intend the absurdity
what is specific performance
order to defendant to do something which they have promised to do, such as transfer particular property to the claimant
what does the marine insuance act 1906 do
consolidated previous legislation with other legal principles
what is a juristic person
corporations are a juristic person having an independent and separate existence from its shareholders
which roles are typically carries out by solicitors in england and wales
drawing up contracts for the sale or purchase of property,offering professional advice on matters of family law, representing corporate clients in the lower courts
