Section 2 Flashcards
What is Private Law?
The relationship between individuals and between individuals and corporate bodies
What is covered by Private Law?
Law of contract (Terms of Business with the landlord)
Law of Tort (an agent being negligent in performing their duties)
Law of Property (eg if a property is held freehold or leasehold)
What is Public Law?
The relationship of government and local authorities with each other and with the public or corporate bodies
What is covered by Criminal Law?
Activities which are thought to be detrimental to the state or society as a whole and are punishable by the state. Eg if a lettings agent were to breach the Protection from Eviction Act 1977
What year was the Protection from Eviction Act introduced?
1977
What does Civil Law cover?
Activities between individuals and organisations which are NOT criminal. Contract law would be included here. This includes suing and paying damages.
What are the six sources of law?
Legislation, Judicial precedent, Custom, Books of authority, Law commission, European Union
What is Legislation or Statute Law?
The supreme form of law making. Eg Acts of Parliament
What is Judicial Precedent?
The practice of deciding new cases by referring back to the decisions in old cases.
What is Custom?
The origins of law, involving ancient customs. Our common law is based on this.
What are Books of Authority?
Certain legal books which are often quoted by lawyers in court
What is European Union Law?
English and Welsh law that is influenced by European policies, beginning when we joined the EU in 1972.
What is Common Law?
All law that has not been enacted by Parliament
Why did equity arise?
Equity arose due to the defects in the common law system
What can equity award?
Specific performance - a breach of contract, the person not fulfilling the contract terms is made to do so
Injunction - an order that stops a defendant from doing something (prohibitory) or orders them to do something (mandatory)
