LAW Unit 1-Health and Safety General Law

Question 1

Common Law

Answer 1

Law developed from custom (ie all law not enacted by Parliament)

Question 2

Consideration

Answer 2

The legal term for payment (one of the essential elements of a legally binding contract. The consideration does not necessarily have to be money - it can be goods or property for example. Also consideration does not have to reflect fair value.

Question 3

Covenant

Answer 3

A promise or obligation, usually contained in a deed, made by one party to another. For letting agents, the clauses in the tenancy agreement are all covenants.

Question 4

Damages

Answer 4

A remedy under common law. The party awarded damages will be put in the same position as if the contract had been performed or the wrong not done. Damages claimed have to be reasonable.

Question 5

Easement

Answer 5

A right which someone may enjoy over another’s property (eg a right of way or right of light, or drainage rights). They are often expressly created for particular purposes, such as having access to a neighbour’s land in order to carry out repairs to their own property, but may be created after long usage.
Easements are passed on when land is sold.

Question 6

Equity

Answer 6

A system that fills the gaps in common law by awarding specific performance or injunctions as well as damages.

Question 7

Injunction

Answer 7

A remedy under equity, where the court orders a party not to do a certain act.

Question 8

Invitation to Treat

Answer 8

An invitation by a landlord to a tenant to negotiate over the rental price of a property.

Question 9

Judicial Precedent

Answer 9

A method of deciding about new cases by referring back to decisions in old cases.

Question 10

Negligence

Answer 10

A common tort, where an act breaches a duty of care and this causes damage, harm or loss.

Question 11

Premium Lease

Answer 11

A lease that is paid for in advance. The payment of low periodic rent may also occur.

Question 12

Specific Performance

Answer 12

A remedy under equity, where a person who has breached a contract is made to fulfil the contract terms if possible.

Question 13

Tenure

Answer 13

A collective term relating to the nature of the owner’s title to a property (ie the way the land is legally held). This may be freehold or leasehold.

Question 14

Tort

Answer 14

A legal wrong. The law of tort is the protection of certain interests of one person against certain types of wrongful conduct by another person.

Question 15

Vicarious Liability

Answer 15

Where an employer is liable for the torts (wrongs) committed by an employee in the course of their employment.