Temporary Flashcards
What are ‘By Laws’?
A type of delegated legislation.
Why do By Laws exist?
They exist because Parliament doesn’t have time to deal with all matters.
Who deals with matters under By Laws?
Local authorities/public corporations handle matters within their jurisdiction (e.g., drinking bans).
What is ‘Consideration in contract law?
Each party must provide something in return for any promise made.
Which case provides the most recent definition of consideration?
Dunlop v Selfridges.
What are the three rules for ‘Consideration’?
- Must be sufficient, but not necessarily adequate.
- Must move from the promisee + past consideration is not good.
- Consideration has no value if it’s already done at the time the agreement is made.
What is ‘Past Consideration’?
Past consideration is not good.
Example: Roscorla v Thomas.
What is ‘ Breach’?
A breach occurs when a party fails to perform their obligations under the contract.
What does ‘breach of contract’ mean for the injured party
The injured party can claim damages and potentially end the contract.
What is ‘Repudiation’?
A common law remedy for breach, ending a contract.
When does ‘Anticipatory Breach’ occur?
It occurs when a party in a contract gives notice in advance that they will not perform or complete the contract.
What can the injured party seek in the case of anticipatory breach?
The injured party can either seek repudiation or claim damages.
What does ‘Justice’ mean
Justice means fairness. This definition is attributed to Aristotle.
What is the relationship between law and justice?
Law is a command from a sovereign source.
A set of rules we must follow.
Law can be described as just or unjust.
How does law help in justice?
Law helps prevent miscarriages of justice (e.g., through review).
What is Bentham’s argument on justice?
Bentham argues that law is just if it minimizes pain and maximizes happiness for the majority.
What are examples of justice in law?
Standard of care (helps achieve justice in civil cases).
Corrective justice (sentencing).
Damages awarded.
