Lecture 12: Optometry and the law Flashcards
What are the sources of law?
acts of parliament or statues
common law (case)
european community law
What law relating to optometry is an act of parliament?
Who makes the additional laws?
opticians act- amended in 2005
delecated/secondary legislation by GOC
What is common law?
Judge made law
Not embodied in legislation
Doctrine of precedence- previous similar cases taken into account
What is criminal law?
What is civil law?
What is regulatory law?
Concerned with legal rules which attract punishment by the state.
Claims usually about contracts, torts (civil wrongs e.g. a road accident through negligence)
Litigation commenced by plaintiff (a private person/company/public authority) against defendant.
Concerns an Optometrist’s Fitness to Practice
Not about financial prenalty for wrong doing (civil litigation)
The regulator (GOC) must prove their case.
What court do criminal cases happen in?
What court do civil cases happen in?
Magistrates court
very serious cases in the crown court (jury trial)
county court
high court (civil claim over £25,000, chancery, family)
What are the elements of a contract?
offer and acceptance
intention to create legal relations
consideration
capacity
consent
What is consideration is contracts?
Each side must promise to give or do something for the other
What is a counter offer?
If the offeree changes any of the terms of the offer, this is regarded as a counter offer – has the effect of rejecting original offer
What doess acceptance of contract mean?
Final and unqualified acceptance of the terms of an offer.
For a binding contract the acceptance must exactly match the offer
The offeree must accept all the terms of the offer
What is an offer?
Expression of willingness to contract on certain terms, made with the intention that it shall become binding (on the offeror) as soon as it is accepted by the person to whom it is addressed (the “offeree“)
What is invitation to treat?
is an expression of willingness to negotiate
Different from an Offer.
Refers to when a party is merely inviting offers, which they are then free to accept or reject
Which gorpus are incompentent to a contract?
Minors
Persons of unsound mind
Drunkards
What is doctrine of undue influence?
When improper pressure is bought to bear on a party to consent.
What is doctrine of duress?
“coercion of the will” to obtain the consent to the contract
