English Legal System Overview
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Questions and Answers

What is the main purpose of following previous case decisions in a legal system?

  • To allow courts to frequently change laws
  • To prevent the establishment of common law
  • To reduce the authority of judges
  • To enable lawyers to predict case outcomes (correct)

    • What is the doctrine of binding precedent?

  • The power to override a statute
  • The requirement to ignore previous decisions
  • The obligation to follow certain previous decisions in the same jurisdiction (correct)
  • The ability of courts to create new laws

    • How did equity develop in relation to common law?

  • To provide additional financial remedies
  • To restrict judicial discretion
  • To offer remedies that mitigate the harshness of common law (correct)
  • To eliminate common law completely

    • What is a primary problem associated with common law as described?

    <p>It provides only one type of remedy: damages</p> Signup and view all the answers

    What types of law can a court exercising civil jurisdiction dispense?

    <p>Common law and equity</p> Signup and view all the answers

    Which of the following is NOT a remedy developed by equity?

    <p>Monetary damages</p> Signup and view all the answers

    Why is the term 'common law' significant?

    <p>It indicates law held in common between all circuits</p> Signup and view all the answers

    What is a writ in the context of initiating legal proceedings?

    <p>A formal document presented to court</p> Signup and view all the answers

    What is a key requirement for a valid contract?

    <p>Mutual consent</p> Signup and view all the answers

    In a unilateral contract, which statement is correct?

    <p>Only one party assumes an obligation.</p> Signup and view all the answers

    What does 'invitation to treat' signify in contract law?

    <p>One party invites another to make an offer.</p> Signup and view all the answers

    What is meant by 'consideration' in the context of contract law?

    <p>The exchange of value between contracting parties.</p> Signup and view all the answers

    Which of the following cases pertains to acceptance inferred by conduct?

    <p>Brogden v Metropolitan Rail Co</p> Signup and view all the answers

    What determines the duration of an offer in contract law?

    <p>The death of the offeror.</p> Signup and view all the answers

    Which of the following best describes the effect of the postal rule on acceptance?

    <p>Acceptance is effective when the offeree sends it.</p> Signup and view all the answers

    Which of these elements is NOT required for a valid contract?

    <p>Expiration</p> Signup and view all the answers

    What does it mean when a previous decision is considered to be made per incuriam?

    <p>An important case or statute was not considered at the time of the decision.</p> Signup and view all the answers

    Which of the following statements about the binding nature of precedents is correct?

    <p>Lower courts are bound by decisions of the High Court and above.</p> Signup and view all the answers

    Under what circumstance may a court refuse to follow a previous binding precedent?

    <p>If the case facts are distinguishable from the previous case.</p> Signup and view all the answers

    What is the primary role of obiter dicta in legal proceedings?

    <p>To offer commentary or explanation that may influence future cases.</p> Signup and view all the answers

    Which court is less likely to follow its previous decisions compared to the Civil Division?

    <p>Court of Appeal (Criminal Division)</p> Signup and view all the answers

    What happens when a court decision is overruled on appeal?

    <p>It is said to be reversed.</p> Signup and view all the answers

    Which scenario does NOT allow a court to refuse to follow a binding precedent?

    <p>The previous decision was made with a majority vote.</p> Signup and view all the answers

    Which statement is true regarding the Supreme Court's authority?

    <p>The Supreme Court can overturn prior decisions made <em>per incuriam</em>.</p> Signup and view all the answers

    What influenced the court's finding that the parties intended to create a legally binding contract?

    <p>The wife's insistence on formal steps.</p> Signup and view all the answers

    In which case did the court find that there was no contract due to the indication that it was merely a 'gentleman's agreement'?

    <p>Rose v Frank Co</p> Signup and view all the answers

    What presumption exists regarding family agreements and legal relations?

    <p>There is a presumption that they do not intend to create legal relations.</p> Signup and view all the answers

    What is typically required to rebut the presumption that a contract was intended in a commercial situation?

    <p>Convincing evidence of contrary intentions.</p> Signup and view all the answers

    Why can oral contracts lead to difficulty in enforcement?

    <p>There may be problems of proof.</p> Signup and view all the answers

    What was a significant factor in the breakdown of the relationship between the parties?

    <p>Formalities imposed by one party.</p> Signup and view all the answers

    What common assumption do people have about enforceability of oral contracts?

    <p>They are difficult to prove in court.</p> Signup and view all the answers

    What role does written documentation play in contract enforcement?

    <p>It can introduce challenges related to interpretation.</p> Signup and view all the answers

    What presumption exists regarding agreements made between spouses living together?

    <p>They did not intend to create legal relations.</p> Signup and view all the answers

    What happens to the presumption of intent to create legal relations if a couple is separated when making an agreement?

    <p>The presumption weakens.</p> Signup and view all the answers

    What type of agreement is typically presumed to not intend to create legal relations?

    <p>Social agreements.</p> Signup and view all the answers

    Which case illustrates the principle that silence does not constitute acceptance?

    <p>Felthouse v Bindley.</p> Signup and view all the answers

    What legal status does an advertisement usually hold in contract law?

    <p>It is an invitation to treat.</p> Signup and view all the answers

    Which case establishes that an auctioneer's request for bids is an invitation to treat?

    <p>Payne v Cave.</p> Signup and view all the answers

    Which requirement must be met for a contract for the sale of land to be valid according to the law of property?

    <p>It must be in writing and signed.</p> Signup and view all the answers

    What was determined about the contract in the scenario where Jane and Darren were involved?

    <p>No contract was formed.</p> Signup and view all the answers

    Study Notes

    • English legal system follows previous case decisions to ensure consistency, reduce delays and expense, and enable lawyers to predict outcomes.
    • The doctrine of binding precedent mandates courts to comply with previous decisions, adhering to the rule of law.
    • Equity was developed alongside common law to temper its harshness, providing alternative remedies like injunctions, specific performance, and rescission.
    • Obiter dicta comments may become the ratio of a later case, but lack binding force.
    • Courts like the High Court and Supreme Court bind lower courts and sometimes themselves.
    • Supreme Court is not bound by its previous decisions if they were made "per incuriam" or based on the 1966 Practice Statement.
    • The Court of Appeal (Civil Division) is generally bound by its previous decisions but has exceptions.
    • The Court of Appeal (Criminal Division) is less bound by its previous decisions when accused liberty is at stake.
    • Lower courts are bound by decisions of higher courts.

    Avoiding Binding Precedent

    • Distinguishing the current case from previous decisions on facts can allow courts to deviate.
    • Declaring a previous decision "per incuriam" (made without considering relevant laws or cases) can also permit deviation.
    • Overruling a previous decision by statute can change the precedent.
    • Changed circumstances can also influence court decisions.
    • Conflicting decisions at the same level may require a court to choose a path.

    Formation of a Valid Contract

    • Contracts require agreement, consideration, certainty, intention, capacity, and form.
    • Bilateral contracts involve obligations for all parties while unilateral contracts obligate only one party.
    • An invitation to treat is a preliminary stage of negotiation, not an offer.
    • Advertisements, shopping, tenders, and display of goods are examples of invitations to treat.
    • An offer is made by the offeree, accepting the invitation.
    • Tenders can be referential (topping bids) or non-referential (single offer).
    • Offers can expire with time, the death of the offeror, withdrawal by the offeror, or rejection by the offeree.
    • Acceptance of an offer can be inferred by conduct.
    • Brogden v Metropolitan Rail Co illustrates acceptance by conduct.
    • The postal rule dictates that acceptance is effective when sent, not when received.
    • Adams v Lindsell demonstrates the postal rule.
    • Email acceptance is generally considered effective when received.
    • Family agreements have a presumption against legal relations, but this can be rebutted.
    • Balfour v Balfour illustrates the presumption against legal relations in family agreements.
    • Social agreements also presume lack of intention to create legal relations, which can be rebutted.
    • Commercial agreements often have a strong presumption of intention to create legal relations.

    Contract Formation Scenarios

    • An advertisement is an invitation to treat (Partridge v Crittenden).
    • A bid at an auction is an offer, but a contract is not formed if the auction is interrupted before acceptance (Payne v Cave).
    • Silence generally does not constitute acceptance (Felthouse v Bindley).

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    Description

    Explore the foundational principles of the English legal system, including the doctrine of binding precedent and the development of equity. This quiz covers the roles of the High Court, Supreme Court, and the Court of Appeal in relation to previous case decisions. Understand how these components work together to maintain law consistency and justice.

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