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Y1 OF L&E > Law > Flashcards

Law Flashcards

1
Q

What are Bills in English Law?

A

Bills are a draft of a proposed act of Parliament.

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2
Q

What is a Statute?

A

A written law passed by a legislative body.

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3
Q

What are the 4 types of legislation?

A

Public Acts.

Private Acts.

Consolidating Acts.

Codifying Acts.

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4
Q

What is the definition of Public Acts in English Law?

A

Acts which govern the conduct of public bodies.

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5
Q

What is the definition of Private Acts in English Law?

A

Acts which pass powers or benefits to individuals or bodies rather than the general public.

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6
Q

What is the definition of Consolidating Acts in in English Law?

A

A law that combines existing laws relating to a particular subject by bringing together various elements of previous legislation.

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7
Q

What is the definition of Codifying Acts in English Law?

A

An act that brings together a legal act (or several related acts) and all its amendments into a single new act.

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8
Q

What are the 4 forms of legislation?

A

– Rules: the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.

– Orders:
Direction of a court or judge normally made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings.

– By-laws:
Rules and ordinances made by a corporation for its own government by the person(s) empowered to do so by a charter.

– Regulations governing professional bodies and trade unions: A rule of order regulating the operations of a body.

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9
Q

What is the Interpretation Act in English Law?

A

The art or process of determining the intended meaning of a written document/constitution/statue.

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10
Q

What is the Preamble Act in English Law?

A

A preliminary statement explaining why the legislation was thought desirable.

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11
Q

What is the Law of Contract based on?

A

The concept of agreement.

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12
Q

What is a Bilateral Agreement?

A

An agreement between two parties on which a specific side agrees to fulfil a specific side of a bargain.

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13
Q

What is a Unilateral Contract?

A

One sided contract agreement in which an offeror pays an offeree to do a task.

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14
Q

What is a simple contract?

A

A contract made orally or in writing without a legally binding seal.

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15
Q

What is a Deed?

A

A Deed is a legal document that is signed and agreed upon.

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16
Q

What is an Invitation to Treat in English Law?

A

One party is willing to invite an offer.

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17
Q

What is an Offer in English Law?

A

One party is offering and offer (only acceptance of the offer or rejection).

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18
Q

What is the definition of Criminal Law?

A

The part of the legal system which relates to punishing people who have committed a criminal act.

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19
Q

What is Civil Law in English Law?

A

A governed relationship between individuals and organisations in losses incurred of action/inaction of other parties/individuals.

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20
Q

What are the two divisions of Law in English Law?

A

Criminal Law.

Civil Law.

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21
Q

What are the 5 courts of Law in the U.K.?

A

County Court.

The Crown Court.

High Court.

Court of Appeal.

The Supreme Court.

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22
Q

What is the role of the County Court in English Law?

A

To deal exclusively with Civil Cases.

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23
Q

What is the role of the Magistrate/Crown Court?

A

To deal with Criminal acts such as violent crimes.

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24
Q

What is the role of the High Court in the U.K.?

A

To house the:

Business and Property Court: to take care of contract and tort.

Technology and Construction Court: specialisation in engineering, construction and related professional negligence claims.

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25
Q

What is the role of the Supreme Court in English Law?

A

Hears appeals from the Court of Appeals.

Leave to Appeal is required.

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26
Q

What is the definition of Tort Law?

A

A tort is a civil wrong committed against another person or persons, in the absence of a contract with the wrongdoer.

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27
Q

What are the two aspects of Tort Law?

A

Fault based - where duty of care has been breached.

Strict Liability - no misconduct by the defendant but the claimant has still experienced damage.

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28
Q

What are the 3 types of Tort?

A

Trespass to person.

Trespass to land.

Economic torts.

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29
Q

Who are the main legal personnel?

A

– Barristers:

  • Bar Council
  • Bar Standards Board
  • Specialist advocate who conducts cases
    in court, drafts statement of case, gives
    opinions on legal problems

– Solicitors:

  • Law Society
  • Solicitors Regulation Authority
  • Businessperson who advises clients on
    legal, financial and other matters
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30
Q

Who are the main law administrators?

A

– Lord Chief Justice

  • Lord Chancellor/Chancellor of the High Court
  • Justices of the Supreme Court
  • High Court/Circuit/District judges
  • Juries

– Attorney General

  • Solicitor General
  • Director of Public Prosecutions
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31
Q

What are the key areas of construction?

A

Key areas of construction:

  • Infrastructure
  • Housing
  • Public non-residential
  • Private industrial
  • Private commercial
  • Repair and maintenance
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32
Q

Who are the key actors within construction?

A

Key Actors within construction:

Suppliers of basic materials, e.g. cement and bricks
Machinery manufacturers who provide equipment used on site, such as cranes and bulldozers.

Site operatives who bring together components and materials.

Project managers and surveyors who co-ordinate the overall assembly.

Manufacturers of building components, e.g.windows and doors.

Developers and architects who initiate and design new projects.

Facility managers who manage and maintain property
Providers of complementary goods and services such as transportation, distribution, demolition, disposal and clean-up.

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33
Q

What is Land in English Law?

A

Explanation in economic terms:

Scarce resource - finite supply

Modifiable – a piece of land can be changed (positively or negatively

Variable quality

Fixed - location

Area preference – some pieces of land are more preferable than others (location, condition etc.)

34
Q

What is the Market Value of Land in English Law?

A

No intrinsic market value as a passive asset.

May have non-market value (natural ecosystem, health etc.).

Land can enable an economic function:

Resource extraction

Agriculture

Property development

Industrial production

35
Q

How is Land Valued?

A

Price is a parameter to express value

Land value can be defined as the present value of future income e.g. annual rents

Land value may also include perceived value greater than its production value

Under free market conditions we would expect land prices to earn a rate of return equal to similar assets

But…how do we define the rentable value of land?

36
Q

What is Ricardo’s Theory of Rent?

A

According to Ricardo rent arises as the difference between production of Marginal land (On which zero rent accrues) and superior land.

As there is general tendency to move from most fertile land (Attracts highest rent) to the less fertile land, a point comes where no rent accrues to what is called a Marginal land.

37
Q

What is the Leftover Principle?

A

According to the leftover principle, the bid rent for land equals the difference between total revenue and total cost. Competition for land ensures that the landowner gets the excess of total revenue over total cost.

38
Q

What is the Value of Land?

A

The value of land is the present value of future rents and rents are dependent on the profitability of activities undertaken.

In economic theory. land would be used for the most profitable purpose.

Land can be used for various different activities and the activities undertaken can change dependent on:

Market signals.

New technology.

Change in demand.

Change in input costs.

39
Q

What is a Mono centric City?

A

City with a Central Business District (CBD)
Assumptions:

3 types of land uses (offices, manufacturing, residential).

Manufacturing dependant on the import of material and export of finished goods.

Agglomeration economies (offices).

Economic benefits of concentration and location.

Rather than fertility willingness to pay is dependant on accessibility .

40
Q

What determines land price in a mono centric city?

A

What determines land price?

Agriculture: Fertility of land.

Households: Accessibility to workplaces (i.e. commuting costs).

Manufacturing: Accessibility to consumer or suppliers (i.e. distance).

Information sector: Accessibility to information.

41
Q

What are the unique features of a construction sector?

A

The physical nature of the product is large, heavy and expensive.

The construction industry is dominated by a large number of relatively small firms, spread over a vast geographical area.

Demand for activity within the industry is directly determined by the general state of the economy as a whole.

The method of price determination is unusually complex due to the tendering process used at various stages.

Most projects can be considered as a ‘one-off’, as there is usually some defining quality that make them in some ways unique.

42
Q

What is the role of Construction within an Economy?

A

Construction of infrastructure to facilitate trade.

Production of capital goods needed to process and manufacture goods (factories).

Production of capital goods needed to process and provide services.

Maintenance of infrastructure and building stock.

43
Q

What is a Bon Curve?

A

Bon Curve (1992) used to explain the role of construction in a country’s development.

44
Q

What are Market Mechanisms in Construction?

A

Owner-occupied.

Private rented.

Local authority rented housing.

Registered social landlord.

45
Q

What is a Fixture?

A

“fixtures” become part of the land and cannot be removed.

46
Q

What is a Chattel?

A

“chattels” remain independent and can be removed.

47
Q

What are the two legal estates for Land?

A

Freehold and Leasehold.

The freeholder of a property owns it outright, including the land it’s built on.

With a leasehold, you own the property (subject to the terms of the leasehold) for the length of your lease agreement with the freeholder.

48
Q

What is common law?

A

A system of laws based on customs and court decisions rather than on written laws made by a parliament.

49
Q

What is a legal lease?

A

A contract or grant that creates an estate in land for a term of years absolute. A legal lease must normally be created by deed.

50
Q

What is a license in land law?

A

A personal right to treat land in a particular way.

51
Q

What are the covenants of a lease?

A

The two covenants in lease law which are: positive and negative.

Positive – such as a freeholder promising to carry out maintenance work to ensure the upkeep of the block.

Negative – restrictive covenants that stop things being done to/at the block.

52
Q

What is an easement?

A

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it.

53
Q

What is “profit a prendre”?

A

A profit a prendre is a right to take something from another person’s land.

54
Q

What are the 4 essentials of an easement?

A

The four essentials of an easement are:

(1) There must be a dominant and servient tenement.

(2) The easement must accommodate the dominant tenement.

(3) The dominant and servient tenements must be owned or occupied by different persons.

(4) The right claimed must be capable of forming the subject matter of a grant.

55
Q

What is the difference between a public and private nuisance?

A

A private nuisance involves substantial interference with the use or enjoyment of land, while public nuisance involves unlawful acts or omissions causing widespread harm.

56
Q

What is the principle of damages in relation to tort?

A

The general aim of an award of damages in tort is to put the injured party in the same position as they would have been in if the tort had not occurred.

Damages in tort aim to restore the claimant to their pre-incident position.

57
Q

What is the Roland’s Vs Fletcher case (1868)?

A

The rule in Rylands v Fletcher is a legal principle in UK tort law, which establishes that a person who keeps a dangerous substance on their land, and it escapes causing damage to a neighbour’s property, may be held strictly liable for the damage caused.

58
Q

What is the Caparo Vs Dickman case (1990)?

A

The harm must be reasonably foreseeable as a result of the Defendant’s conduct; the parties’ relationship must be proximate; and. it must be fair, just and reasonable to impose liability.

59
Q

What is the legal definition of Tort?

A

A tort is a civil wrong by the ‘tortfeasor’ that unfairly results in loss or harm to another. This makes the tortfeasor liable to the other.

60
Q

What is the legal definition of development?

A

“carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any building or other land.”

61
Q

Legal definition of the Neighbour principle?

A

“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.”

62
Q

What is the legal definition of Land?

A

‘Land includes land of any tenure, and mines and
minerals … buildings or parts of buildings … and other
corporeal hereditaments; also … a rent, and other
incorporeal hereditaments, and an easement right,
privilege, or benefit in, over, or derived from land but
not an undivided share in land.’

63
Q

Explain what is the difference between a lease and a lisense.

A
  • Lease - exclusive possession

–Interest in land

  • License – shared possession

–Personal right

  • Lodger
  • Licensee
  • anyone with permission to be there
64
Q

What is Street Vs Mountford (1985)?

A

Street v Mountford 1985
– “a tenant armed with exclusive possession can keep out strangers and the landlord”
– Personal right
– Look to substance of agreement

65
Q

What is Land?

A

‘land’ means the soil, rocks, minerals and the air
above, including things growing on the land and
buildings attached to it

66
Q

What is “Under statute”?

A

‘Land includes land of any tenure, and mines and
minerals … buildings or parts of buildings … and other
corporeal hereditaments; also … a rent, and other
incorporeal hereditaments, and an easement right,
privilege, or benefit in, over, or derived from land but
not an undivided share in land.’

67
Q

What is Equity?

A

Equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter.

68
Q

What are the ingredients of the tort of negligence?

A

Claimant must show
‒ Defendant owed them a duty of care
‒ There was a breach of that duty
‒ Foreseeable damage was caused by
that breach

69
Q

What is Vicarious Liability?

A

– This, as such, is not an independent tort. At times, a person is deemed to be legally responsible for torts committed by others.

Liability arises because of the relationship between the parties and is known as vicarious liability.

– In English Law, The principle is that an employer is liable for any torts committed by employees during the course of their employment.

70
Q

What is the Bolam Test?

A

The Bolam test is the standard test that is used to establish whether the duty of care has been breached.

71
Q

What is the ‘But For’ Test?

A

The ‘but for’ test is a standard used in UK law to determine causation in negligence claims.

72
Q

What is meant by “res ipsa loquitor”?

A

The facts speak for themselves.

73
Q

What is meant by “restitutio in integrum”?

A

“in settling the sum of money to be given for
reparation of damages you should as nearly as
possible get at that sum of money which will
put the party who has been injured, or who
has suffered, in the same position as he
would have been in if he has not sustained
the wrong for which he is now getting his
compensation or reparation.”

74
Q

What damages are recoverable in tort?

A
  • Must not be “too remote” i.e. damage of a
    kind that is reasonably foreseeable.
    –Wagon Mound No 1 [1961] (wharf)
  • Damage must be reasonably foreseeable
  • Exception Pure Economic Loss
75
Q

Does trespass to land constitute as a tort?

A

Yes.

76
Q

What is ratio decidendi?

A

The rule of law on which a judicial decision is based.

77
Q

Identify and summarise the two main occupiers’ liability statutes.

A
  • Occupiers Liability Act 1957

– Occupier liable
* Includes someone exercising a degree of control

– Lawful visitors
* Reasonably safe
* Reasons permitted to be there

– Defence
* Adequate warning of dangers
* Independent contractors
* Occupiers Liability Act 1984

– Limited duty to non visitors
* Lawful– exercising right of way
* Unlawful– trespassers
* Includes children

78
Q

What is the limitation period for negligence, nuisance or breach of duty?

A
  • Limitation Act 1980

– Property– 6 years

– Personal injury/ death– 3 years (from cause of action arises or from date of knowledge).

– Fraud– 6 years from date when reasonably could have known apart from deliberate concealment.

– Latent damage (six years from cause of action or 3 years from date of knowledge– longstop 15 years from last act).

– Accord and satisfaction– (by settlement or agreement).

79
Q

What is rectification?

A

Rectification is an equitable remedy by
which the court may amend the terms of a
legal document which, because of a mistake,
fails accurately to reflect the intention of the
parties to it.

80
Q
A

Y1 OF L&E (7 decks)

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