Law Flashcards
1
Q
What are the Essentials of a Valid Contract?
A
- Offer and Acceptance by each party
- Intention to Create legal relations
- Capacity of the parties
- Consent must be genuine (not obtained by fraud)
- Consideration; the price for which the promise of the other is bought.
- Legality of the object.
- Possibility of performance
2
Q
What is the Difference between an Offer and an “Invitation to Treat?”
A
An offer is an Explicit proposal to contract.
An “Invitation to treat” is an invitation to make offers
e.g. when an Auctioneer requests bids.
when goods are displayed in a shop they are invitation to treats
3
Q
Case study for Difference between an Offer and an “Invitation to Treat
A
Fisher vs Bell (1960)
4
Q
What is a Tort
A
a Tort is a civil wrong, distinct from criminal laws. a wrongful act.
5
Q
Examples of defences in tort
A
- “Volenti non Fit Injuria”
- Mistake
- Necessity
- Statutory Authority
- Self Defence
6
Q
Draw the hierarchy of the Civil Courts
A
House of Lords Court of Appeal (civil) High court of Justice Queens Bench/ Chancery/ Family County Courts
7
Q
Draw the Criminal Courts
A
House of Lords Court of Appeal / Courts of Marital Divisions of Queens Bench Divisions Crown Court / Court Marital Magistrates court