Section C: General Principles Of The Legal System Flashcards
What is a standard form contract?
A document put forward for the customers signature by a supplier, in which pre-printed contractual conditions and warranties are set out.
What is an invitation to treat?
A vague advert falling short of an offer, designed to encourage interested parties to make an offer
When is an agreement formed?
When both offer and acceptance are completed. (When acceptance is received not sent)
What does subject to contract mean?
The parties have formed an agreement but are still negotiating so are not legally bound.
What are the essential requirements of a contract?
Offer and acceptance
Consideration
Intention to create legal relations
Do the postal rules apply to emails?
No
What is a price label in law?
An invitation to treat
Is part payment of a debt sufficient consideration?
Yes - if the lender receives something they were not previously entitled to, such as payment by a third party or payment in the form of goods rather than cash.
What must consideration be?
- Sufficient (It need not be adequate)
- It must move from the promisee
Is the performance of an existing contractual duty to a third party sufficient consideration for the promise of additional reward?
Yes.
What is true regarding the presumptions of the intentions to create legal relations?
Any presumption in regard to the intention of parties to be legally bound may be refuted and the burden of proof is on the party seeking to escape liability.
In the absence of express statements as to whether or not legal relations are intended…?
The courts assume legal relations were intended in commercial cases unless proved otherwise.
What element of a valid contract is affected by misrepresentation?
Intention
What is correct in respect of misrepresentation? 3 things…
1: The person entering the contract must have been aware of the statements existence
2: It is sufficient that the misrepresentor knows that the statement will be passed onto the other party.
3: What has been said must be complete enough not to mislead.
Can a misrepresented affirm and claim damages for any losses?
NO - if the contract remains valid and the representee chooses to affirm it, they cannot also claim damages.
What doe the decisions in Poussard vs Spiers and Bettini v Gye detail around breach f condition vs warranty?
Failure to sing on openeing night breaches a condition of a contract and discharges it, missing rehearsals does not and is only breach of warranty.
What entitlement arises from breach of warranty?
It entitles the injured party to claim damages only, the contract cannot be repudiated.
How are express terms incorporated into a contract?
By the parties themselves.
What does the principle of freedom of contract state?
Parties may include in their contract any terms that they see fit.
What is an innominate term?
A term that could be classified as either a condition or a warranty
How is the classification of an innominate term as a condition or warranty determined?
By the courts.
How can terms be incorporated?
Terms can only be incorporated into a contract by the express words of the parties or by implication via statue, trade custom or the courts for business efficacy.
What is the minimum period of notice an employees has to give an employer?
1 week.
What are common law duties of employers?
To provide work to those employed as an apprentice.
To behave responsibly towards employees.
To pay reasonable remuneration to employees
What is the statutory minimum notice period for employees?
1 week for each year of employment for employees who have worked > = 1 month.
Is it possible for employees to bring claims of both wrongful and unfair dismissal?
Yes - an unfair dismissal does not have to be wrongful (given correct amount of notice despite unfair dismissal)
What is a constructive dismissal?
Where an employee resigns under duress from the organisation.
The transfer of monies in order to disguise their source is known by what?
Layering.
What is the maximum prison term for someone found guilty of money laundering?
14 years.
Giving money the appearance of being from a legitimate source is know by what?
Integration.
True or false: It is an offence for a corporation to fail to prevent bribery?
True.
For a disclosure to be a qualifying disclosure under the Public interest disclosure act 1998, it must be made in good faith and what 2 others?
1: There is reasonable belief it is substantially true.
2: There is reasonable belief it is being made to the right person.
What is an example of a facilitation payment?
A payment made to an official to perform a routine function.
What are valid defences available to the charge of bribery?
The person was exercising their function as a member of the intelligence service / a member of the armed forces on active service.
Who is data protection legislation designed to protect?
All private individuals whom only regulated data is held.
What are 3 principles of DPA?
Must be lawful
Must be accurate
Must be relevant
