UK legal systems, civil liabilities and the laws of contract and tort

Question 1

Common Law

Answer 1

Unwritten law.

Rules derived solely from customs and precedent.

Question 2

Legislation

Answer 2

Written law.

Comprises of statutes.

Can overrule common law principles.

Question 3

European Union Law

Answer 3

Additional source of law. Obligation of EU membership.

EU law is normally very vague and it’s left to the member country how to interrupt it.

Question 4

Civil Law

Answer 4

(European Style)

Govern disputes between individuals.

Including contracts, property, and Family Law

Distinct from criminal or public law.

Question 5

UK, Northern. Ireland & Scotland uses which laws?

Answer 5

U.K – English Common Law

N.Ireland – English Common Law with its own courts

Scotland – Has its own courts, laws and traditions.

Question 6

Criminal Law

Answer 6

Determine the rights and liabilities between parties.

Include law of contract and of tort.

Question 7

Law of Contract

Answer 7

Rights and obligations are created by the acts of a contract.

Legal obligations are agreed before an objectionable event.

Question 8

Law of Tort

Answer 8

Rights and obligations are created by applying common law.

Legal obligations not agreed before objectionable event.

3 categories: Negligence, Nuisance, Trespass.

Question 9

Negligence

Answer 9

A breech of duty of care

Question 10

Nuisance

Answer 10

Unreasonable interference with another party’s use of land.

Question 11

Trespass

Answer 11

Interference of a person’s right to the security of their property or land by -

a person or by placing or leaving something on the land, eg. cranes or scaffolding over sailing adjacent property.

Question 12

What is a Contract?

Answer 12

An agreement made between two or more persons, which is binding in law and is capable of being enforced by those persons in court or other tribunal

Question 13

Basic Requirements of Contract

Answer 13

1. Intention of parties to create legal relations (an offer and acceptance)
2. Was there an agreement in place between parties (acceptance must be unequivocal)
3. Whether the agreement was considered

Question 14

Terms of Contract

Answer 14

Express term

Implied Terms

Question 15

Express term

Answer 15

Terms of a contract which the parties’ expressly agreed.

Question 16

Implied Terms

Answer 16

1. Terms implied by law
2. Terms implied by custom
3. Terms implied by statute, which are too obviously to say.

Question 17

Breach of contract

Answer 17

One of the parties to a contract fails to perform as required by the contract.

Entitles the innocent party to make a claim for damages for the losses it has suffered.

Question 18

Repudiatory Breach (fundamental breach)

Answer 18

One of the parties to a contract behaves in such a way that it indicates it no longer intends to accept its obligations under the contract

Allows the innocent party to terminate the contract and to sue for damages.

Question 19

Renunciation

Answer 19

One party does not intend to continue to perform his side of the contract

Question 20

Breach of duty

Answer 20

A person acts in breach of duty of care when they behave carelessly.

Question 21

Damages for breach of contract

Answer 21

Compensation to place the innocent party in the same position that they would have been in had the other party performed their contractual promises.

Question 22

Damages for breach of tort

Answer 22

Compensation to place the innocent party back in the position they were before the breach of the duty.

Awards of damages for breach of contract may therefore be greater than awards of damages in tort.

Question 23

Reasonableness

Answer 23

Likelihood of harm and consequences identified.

Practical steps taken to avoid harm.