Law Flashcards

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1
Q

What are the Essentials of a Valid Contract?

A
  1. Offer and Acceptance by each party
  2. Intention to Create legal relations
  3. Capacity of the parties
  4. Consent must be genuine (not obtained by fraud)
  5. Consideration; the price for which the promise of the other is bought.
  6. Legality of the object.
  7. Possibility of performance
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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

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3
Q

Case study for Difference between an Offer and an “Invitation to Treat

A

Fisher vs Bell (1960)

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4
Q

What is a Tort

A

a Tort is a civil wrong, distinct from criminal laws. a wrongful act.

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5
Q

Examples of defences in tort

A
  1. “Volenti non Fit Injuria”
  2. Mistake
  3. Necessity
  4. Statutory Authority
  5. Self Defence
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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
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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
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