lecture 1 Flashcards
What are the two main categories of law?
Public Law (governs state functions) and Private Law (governs relationships between individuals).
What are the primary sources of Scots Law?
Legislation, Judicial Precedent, Authoritative Writings, and Custom and Equity.
What is the principle of Stare Decisis?
It is the legal principle that requires lower courts to follow the precedents set by higher courts.
Define an Invitation to Treat and give an example.
An invitation to negotiate, not an offer. Example: Items displayed in a shop window (Fisher v Bell).
case summery of Fisher v Bell
Facts: A shopkeeper, Mr. Bell, displayed a flick knife in his shop window with a price tag. At the time, it was illegal in the UK to offer such knives for sale under the Restriction of Offensive Weapons Act 1959. The police charged the shopkeeper, arguing that he had offered the knife for sale in violation of the law.
Legal Issue: The central question was whether the display of the knife in the shop window constituted an “offer for sale” or merely an “invitation to treat”.
Court’s Decision: The court ruled that the display of the knife was not an offer but an invitation to treat. This means it was simply an invitation for customers to make an offer to purchase the item. Mr. Bell was not guilty because he had not made a legal “offer for sale.”
Key Legal Principle: Invitation to Treat vs. Offer
Invitation to Treat: An indication that a person is willing to negotiate, but it is not a binding offer. Examples include:
Goods displayed in a shop window or on shelves.
Advertisements in newspapers or online.
Offer: A definitive proposal that, if accepted, forms a binding contract.
Importance of the Case
Fisher v Bell established that goods displayed in a shop window are not offers but invitations to treat. This distinction is crucial because it protects shopkeepers from being legally bound to sell every item displayed, especially if there is limited stock or if the item cannot legally be sold.
When can an offer be revoked?
An offer can be revoked anytime before acceptance is communicated (Byrne v Van Tienhoven).
Byrne v Van Tienhoven (1880)
Byrne v Van Tienhoven (1880) is a key case in contract law about cancelling offers. Van Tienhoven made an offer to sell goods to Byrne. Before Byrne received the offer, Van Tienhoven sent a letter cancelling it. However, Byrne accepted the offer as soon as it arrived, before getting the cancellation letter. The court decided that the cancellation wasn’t valid because Byrne didn’t know about it before accepting the offer. This case set the rule that an offer can only be cancelled if the offeree knows about the cancellation before they accept it. If acceptance happens first, a contract is formed, and the cancellation doesn’t count.
What is a Unilateral Contract?
A contract in which an offer is made to the public and can be accepted by performing a specific act (Carlill v Carbolic Smoke Ball Co).
A unilateral contract is a type of agreement in which one party makes an offer that can be accepted by the performance of a specific act, rather than by a reciprocal promise. In such contracts, the contract is only formed once the act is completed.
For example, if someone offers a reward for the return of a lost item, they are making a unilateral contract. The contract is completed only when someone finds and returns the item.
(Carlill v Carbolic Smoke Ball Co).
Carlill v Carbolic Smoke Ball Co (1893) is a famous contract law case that established the concept of a unilateral contract. The Carbolic Smoke Ball Company advertised that it would pay £100 to anyone who used their “smoke ball” product as instructed and still caught the flu. The company even claimed it had deposited £1,000 in the bank to show it was serious. Mrs. Carlill used the product but still got sick and sued the company for the promised £100 reward. The company argued that the advertisement was just marketing and not a real offer. The court disagreed, ruling that the ad was a clear, binding offer to the public, as the company showed intent to be legally bound by setting aside money. This case confirmed that a unilateral offer (an offer made to the whole world) can be accepted by performing the specified act, without needing to notify the offeror first.
What must happen for acceptance to be effective in contract law?
Acceptance must be clearly communicated to the offeror (Entores v Miles Far East).
Entores Ltd v Miles Far East Corp (1955)
Entores Ltd v Miles Far East Corp (1955) is a key case in contract law about the communication of acceptance. In this case, Entores, based in London, made an offer via telex (an early electronic communication system) to Miles Far East Corp, based in Amsterdam. The acceptance was sent back via telex from Amsterdam to London. The issue was where the contract was formed: in London (where the acceptance was received) or in Amsterdam (where it was sent). The court ruled that the contract was made in London because acceptance is only valid when it is received by the offeror, not when it is sent. This case established the rule that in instant forms of communication (like email or telex), acceptance must reach the offeror to be effective.
What does the Consumer Rights Act 2015 regulate?
It regulates unfair terms in consumer contracts, ensuring they are fair, reasonable, and transparent.
Under the CRA 2015, a consumer has a legal right to reject goods that are faulty (i.e., not of satisfactory quality, unfit for purpose or not as described) and obtain a full refund. However, the consumer must act quickly once the fault is discovered.
What is the difference between Public Law and Private Law?
Public Law governs state interactions (e.g., criminal law), while Private Law governs relationships between private parties (e.g., contract law).
What is the highest civil court in Scotland?
The Court of Session, divided into the Inner and Outer Houses.
What is the role of the High Court of Justiciary in Scotland?
It handles serious criminal cases, such as murder and rape, and serves as the supreme criminal court.
