Section C: General Principles Of The Legal System Flashcards

1
Q

What is a standard form contract?

A

A document put forward for the customers signature by a supplier, in which pre-printed contractual conditions and warranties are set out.

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2
Q

What is an invitation to treat?

A

A vague advert falling short of an offer, designed to encourage interested parties to make an offer

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3
Q

When is an agreement formed?

A

When both offer and acceptance are completed. (When acceptance is received not sent)

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4
Q

What does subject to contract mean?

A

The parties have formed an agreement but are still negotiating so are not legally bound.

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5
Q

What are the essential requirements of a contract?

A

Offer and acceptance
Consideration
Intention to create legal relations

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6
Q

Do the postal rules apply to emails?

A

No

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7
Q

What is a price label in law?

A

An invitation to treat

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8
Q

Is part payment of a debt sufficient consideration?

A

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.

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9
Q

What must consideration be?

A
  • Sufficient (It need not be adequate)
  • It must move from the promisee
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10
Q

Is the performance of an existing contractual duty to a third party sufficient consideration for the promise of additional reward?

A

Yes.

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11
Q

What is true regarding the presumptions of the intentions to create legal relations?

A

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.

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12
Q

In the absence of express statements as to whether or not legal relations are intended…?

A

The courts assume legal relations were intended in commercial cases unless proved otherwise.

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13
Q

What element of a valid contract is affected by misrepresentation?

A

Intention

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14
Q

What is correct in respect of misrepresentation? 3 things…

A

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.

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15
Q

Can a misrepresented affirm and claim damages for any losses?

A

NO - if the contract remains valid and the representee chooses to affirm it, they cannot also claim damages.

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16
Q

What doe the decisions in Poussard vs Spiers and Bettini v Gye detail around breach f condition vs warranty?

A

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.

17
Q

What entitlement arises from breach of warranty?

A

It entitles the injured party to claim damages only, the contract cannot be repudiated.

18
Q

How are express terms incorporated into a contract?

A

By the parties themselves.

19
Q

What does the principle of freedom of contract state?

A

Parties may include in their contract any terms that they see fit.

20
Q

What is an innominate term?

A

A term that could be classified as either a condition or a warranty

21
Q

How is the classification of an innominate term as a condition or warranty determined?

A

By the courts.

22
Q

How can terms be incorporated?

A

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.

23
Q

What is the minimum period of notice an employees has to give an employer?

A

1 week.

24
Q

What are common law duties of employers?

A

To provide work to those employed as an apprentice.

To behave responsibly towards employees.

To pay reasonable remuneration to employees

25
Q

What is the statutory minimum notice period for employees?

A

1 week for each year of employment for employees who have worked > = 1 month.

26
Q

Is it possible for employees to bring claims of both wrongful and unfair dismissal?

A

Yes - an unfair dismissal does not have to be wrongful (given correct amount of notice despite unfair dismissal)

27
Q

What is a constructive dismissal?

A

Where an employee resigns under duress from the organisation.

28
Q

The transfer of monies in order to disguise their source is known by what?

A

Layering.

29
Q

What is the maximum prison term for someone found guilty of money laundering?

A

14 years.

30
Q

Giving money the appearance of being from a legitimate source is know by what?

A

Integration.

31
Q

True or false: It is an offence for a corporation to fail to prevent bribery?

A

True.

32
Q

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?

A

1: There is reasonable belief it is substantially true.

2: There is reasonable belief it is being made to the right person.

33
Q

What is an example of a facilitation payment?

A

A payment made to an official to perform a routine function.

34
Q

What are valid defences available to the charge of bribery?

A

The person was exercising their function as a member of the intelligence service / a member of the armed forces on active service.

35
Q

Who is data protection legislation designed to protect?

A

All private individuals whom only regulated data is held.

36
Q

What are 3 principles of DPA?

A

Must be lawful
Must be accurate
Must be relevant