Principles of Law

Question 1

What is the Law?

Answer 1

The enforceable body of rules that govern any society

Question 2

What is the difference between criminal law and civil law?

Answer 2

Criminal law is concerned with the control of behaviour which harms or threatens the peace and stability of a community.
Civil law governs the relationship between individuals, and includes the law of contracts and law of torts.

Question 3

Explain binding authority:

Answer 3

When judges make important decisions regarding a case, they create legal precedents. These legal precedents create binding authority so that if the same issue arises again in the same or lower courts, the original decision must be followed.

Question 4

What are the financial values of claims under:

Answer 4

a). Small claims track - Up to £1000 for injury and £10,000 for property damage b). Fast track - £10,000 to £25,000 c). Multi-track - Over £25,000 or complex cases under this amount

Question 5

What are the 5 elements of a contract?

Answer 5

Offer and acceptance
Intention to create legal relations
Legal capacity
No illegal purposes
Consideration

Question 6

What is privity of contract?

Answer 6

The rights and duties created by a contract are restricted to the parties that made the contract.

Question 7

What types of ‘Implied’ terms exist in a contract?

Answer 7

Express or implied

Question 8

How else could you describe an invitation to treat?

Answer 8

An advert

Question 9

What are the 4 remedies in contract?

Answer 9

Damages
Specific Performance
Rescission
Rectification

Question 10

What is a tort?

Answer 10

A civil wrong

Question 11

List 4 types of tort and provide an example of each:

Answer 11

Nuisance
Defamation
Trespass
Negligence

Question 12

What is the leading case for the principle of negligence?

Answer 12

Blyth v Birmingham Waterworks Company (1856)

Question 13

List the elements of negligence:

Answer 13

Does a duty of care exist?
Does the defendant owe this duty of care to the claimant?
Has the defendant breached that duty?
Has the breach caused damage?
Is the damage too remote and could the damage have been foreseen?

Question 14

How can the elements of negligence be disputed?

Answer 14

No duty was owed because the loss was not foreseeable
There has been no breach of duty
There has been a break in the chain of causation
The act did not cause the damage

Question 15

What are general and special damages?

Answer 15

Special damages compensate the claimant in respect of losses that are not presumed, but can be specifically proved by the claimant.
General damages are awarded by law for losses that are automatically presumed to result from the tort and those which cannot be specifically proved by the claimant