Law facts

Question 1

Parliament act (1911-49)
Sources of law

Answer 1

Limits the power of the House Of Lords (HOL) they cannot veto bills only delay. this gives the House Of Commons exclusive authority to pass bills.

Question 2

Byrne v Van Tier Hoven (1880)
Offer

Answer 2

An offer can be revoked by the offeror at any time prior to acceptance.

Question 3

Fisher v Bell (1961)
Offer

Answer 3

An article in a shop window with a price is just an offer to treat it as in no way an offer for sale.

Question 4

Carlill v the carbolic smokeball co (1893)
Offer

Answer 4

Advertisements should be read in their plain meaning as that is how the public would read it, as it was intended to be read by the public.

Question 5

Taylor v Laird (1856)
Offer

Answer 5

The offer must be communicated by the offeror to the offeree

Question 6

Tinn v Hoffman and Co (1873)
Acceptance

Answer 6

If parties agree on an express method, then that method must be used.

Question 7

Entores Ltd v Miles Far East Corp (1955)
Acceptance

Answer 7

The acceptance must be communicated to the offeror by the offeree.

Question 8

Chwee Kin Keong v Digilandmall.com (2004)
Acceptance

Answer 8

Offer and acceptance have to ‘reach’ an intended recipient to be effective.

Question 9

Hyde v Wrench (1940)
Acceptance

Answer 9

A counteroffer is a rejection of the first offer and not a valid form of acceptance to make a contract.

Question 10

Felthouse v Bindley (1862)
Acceptance

Answer 10

Silence cannot amount to an acceptance

Question 11

Currie v Misa (1875)
Consideration

Answer 11

Consideration must hold some right, interest, profit, or benefit

Question 12

Chappell v Nestle Co (1960)
Consideration

Answer 12

Something can be of little value and still form part of the consideration as seen with the nestle wrappers.

Question 13

Dalrymple v Dalrymple (1811)
Intention

Answer 13

Contracts must not be the sport of an idle hour, mere matters of pleasantry or badinage, never intended by the parties to have any serious effect whatsoever.

Question 14

Hadley and Others v Kemp (1999)
Intention

Answer 14

If a reasonable offeree would have seen the offer as an intention to make a legal relationship, then the offeror cannot say otherwise.

Question 15

Balfour v Balfour (1919)
Intention

Answer 15

The agreement was domestic and social and was not supposed to be legally binding

Question 16

companies act (2006)
Business structure

Answer 16

Modernises and simplifies corporate law

Question 17

Caparo Industries v Dickman (1990)
Tort

Answer 17

Establishes the 3 principles of duty of care

Question 18

Donoghue v Stevenson (1932)
Tort

Answer 18

Established the neighbour principle that states that you are liable for everyone directly affected by your actions.

Question 19

Merrit v Merrit (1970)
Intention

Answer 19

When different parties are not living in amity but are living separately, then they intend to make legal relations.

Question 20

Hart v O’Connor [1985]
Capacity

Answer 20

When someone is not of sound mind, then a contract cannot be made.

Question 21

Employment Rights Act 1996

Answer 21

This Act covers unfair dismissal, redundancy payments, protection of wages, zero-hour contracts, Sunday working, suspension from work, flexible working, and termination of employment.

Question 22

Broadbent v Crisp [1974]

Answer 22

All employees are workers, but not all workers are employees.

Question 23

Short v Henderson Ltd (1946)

Answer 23

Goes over the details of the control test.

Question 24

Stevenson, Jordan and Henderson v MacDonald and Evans [1952]

Answer 24

concerning the right of employees to intellectual property in the work they produce.

Question 25

Quashie v Stringfellow Restaurants Ltd (2012)

Answer 25

The employer had no mutual obligation to pay the worker as they were not an employee, so they weren’t eligible for unfair dismissal.

Question 26

National minimum wage act (1998)

Answer 26

establishes a minimum wage

Question 27

Western Excavations (ECC) Ltd v Sharp (1978)

Answer 27

This case set out the three conditions for deciding if a resignation can be a constructive dismissal:

The employer must have done something which is in breach of contract (or going to be in breach of contract).

The employee must decide to resign shortly after the breach.

The employee must resign because of this breach.

Question 28

Davison v Kent Meters Ltd (1975)

Answer 28

Is about unfair dismissal

Question 29

Adegbola v Marks & Spencer plc (2013)

Answer 29

Gross misconduct is fair for dismissal.

Question 30

Henderson v Connect (South Tyneside) Ltd (2009)

Answer 30

Fair dismissal if an employee refuses to work

Question 31

Thomas v Eight Members Club and Killip (2007)

Answer 31

Discrimination because of age

Question 32

Environment Agency v Donnelly (2013)

Answer 32

Discrimination because of Disability

Question 33

London Underground v Edwards (1995)

Answer 33

example of indirect discrimination due to maternity

Question 34

Amnesty International v Ahmed (2009)

Answer 34

Example of direct discrimination due to ethnicity

Question 35

Eweida v British Airways (2010)

Answer 35

Example of indirect discrimination due to religion

Question 36

Martin v Parkam Foods Ltd (2006)

Answer 36

Example of discrimination due to sexual orientation

Question 37

Equality Act (2010)

Answer 37

protects people from discrimination.

Question 38

General Cleaning Contractors v Christmas (1952)

Answer 38

provide safety to employees from their employers

Question 39

R v Swan Hunter (1981)

Answer 39

the employer is liable for not informing contractors about hazards.

Question 40

Constitutional Reform Act (2005)

Answer 40

established the supreme court for England and Wales.