UK legal systems, civil liabilities and the laws of contract and tort Flashcards
Common Law
Unwritten law.
Rules derived solely from customs and precedent.
Legislation
Written law.
Comprises of statutes.
Can overrule common law principles.
European Union Law
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.
Civil Law
(European Style)
Govern disputes between individuals.
Including contracts, property, and Family Law
Distinct from criminal or public law.
UK, Northern. Ireland & Scotland uses which laws?
U.K – English Common Law
N.Ireland – English Common Law with its own courts
Scotland – Has its own courts, laws and traditions.
Criminal Law
Determine the rights and liabilities between parties.
Include law of contract and of tort.
Law of Contract
Rights and obligations are created by the acts of a contract.
Legal obligations are agreed before an objectionable event.
Law of Tort
Rights and obligations are created by applying common law.
Legal obligations not agreed before objectionable event.
3 categories: Negligence, Nuisance, Trespass.
Negligence
A breech of duty of care
Nuisance
Unreasonable interference with another party’s use of land.
Trespass
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.
What is a Contract?
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
Basic Requirements of Contract
- Intention of parties to create legal relations (an offer and acceptance)
- Was there an agreement in place between parties (acceptance must be unequivocal)
- Whether the agreement was considered
Terms of Contract
Express term
Implied Terms
Express term
Terms of a contract which the parties’ expressly agreed.
Implied Terms
- Terms implied by law
- Terms implied by custom
- Terms implied by statute, which are too obviously to say.
Breach of contract
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.
Repudiatory Breach (fundamental breach)
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.
Renunciation
One party does not intend to continue to perform his side of the contract
Breach of duty
A person acts in breach of duty of care when they behave carelessly.
Damages for breach of contract
Compensation to place the innocent party in the same position that they would have been in had the other party performed their contractual promises.
Damages for breach of tort
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.
Reasonableness
Likelihood of harm and consequences identified.
Practical steps taken to avoid harm.
