MCQ

Question 1

What is statue law?

Answer 1

Laws made by Parliament

Question 2

What is the common law?

Answer 2

judge made law based on judicial precedent established through case law (English legal system)

Question 3

What is civil law?

Answer 3

Regulates actions between parties and provides forums to settle disputes. Determined on the balance of probabilities (based on the evidence provided - have to prove they were more likely than not to have committed a civil wrong)

Question 4

How does Precedent operate on the Supreme Court?

Answer 4

SC is generally bound by its past decisions but can deviate from previous decisions where fair to do so

Question 5

What is consideration?

Answer 5

a party proves they are contributing something to the contract in return for the other parties promise, must be some detriment to the plaintiff and some benefit to the defendant.

Question 6

What is past consideration?

Answer 6

Promise is made after the completion of an act then the act will not have been sufficient to provide consideration

Question 7

What is a) Obiter Dicta?
b) ratio decidendi

Answer 7

a) not binding but is of persuasive authority - doesn’t inform the decision. Describes how it would’ve been dealt with in different situations.
b) reason for the decision - forms part of precedent

Question 8

What is the rule under the Law reform Act 1943 (frustrated contracts)?

Answer 8

sums paid would be partially or fully recoverable if a contract became impossible to perform.

Question 9

When can you recover damages that aren’t normal losses in contract law?

Answer 9

damages not arising in the ordinary scope of things is only recoverable to the extent that it is in the reasonable contemplation of the parties at the time of making the contract as the probable result of the breach.

Question 10

What are the implications for the innocent party when a contract is breached?

Answer 10

innocent party must notify the other party that they will treat contract as discharged, they can then reclaim payments already made, they must fufill their obligations up to the date of termination, then they can claim damages.

Question 11

Who does UCTA 1977 apply to?

Answer 11

commercial contracts between businesses

Question 12

What is a secondary victim in tort law?

Answer 12

A person who suffers a psychiatric illness due to witnessing an accident or immediate aftermath

Question 13

What did the case of Froom v Butcher establish in torts law?

Answer 13

damages can be reduced where a victim fails to wear there seatbelt in a car accident

Question 14

What standard of care do we apply to a learner driver in torts law?

Answer 14

the standard of a competent driver

Question 15

What options are available if an LLP becomes insolvent?

Answer 15

Voulntary arrangement, adminstration, voluntary liquidation and compulsory liquidation

Question 16

What is the order of insolvency payments?

Answer 16

Fixed charge creditors,
Costs of the liquidation
Preferential creditors
Unsecured creditors (inc floating charge holders)

Question 17

What type of resolution is needed to remove a director?

Answer 17

Ordinary resolution with a special notice

Question 18

What is ostensible authority?

Answer 18

Agent has power to legally bind principal with third party and arises from principal permitting agent to make contracts on their behalf by holding out that the agent has authority to do so.

Question 19

What does section 54 of the MSA state?

Answer 19

Commercial orgs must publish a statement if they sell goods and services and have annual turnover of £36m.

Question 20

Where must an employer provide a written statement of employment particulars to an employee (in absence of a contract)?

Answer 20

to comply with ERA 1996 written particulars must be provided on or before the day that employment commences.

Question 21

How do you determine employment status in employment law?

Answer 21

Degree of control - how much does the employer have over the individual?Do they dictate when work must be done.
Mutuality of obligations - is there a duty to offer work and for individual to carry it out.

Question 22

What may be relevant to the calculation of the basic award in employment law for unfair dismissal?

Answer 22

age
length of serivce
conduct
redundancy payment

Question 23

What is vicarious liability in torts?

Answer 23

employees tort is comitted in the course of employment - priniciple purpose is to ensure the victim of the tort has a solvent person to claim against.

Question 24

Use Entores v Miles Far East corp case to determine whether acceptance is valid where sent or received?