Podcast
Questions and Answers
What is the main purpose of following previous case decisions in a legal system?
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?
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?
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?
What is a primary problem associated with common law as described?
What types of law can a court exercising civil jurisdiction dispense?
What types of law can a court exercising civil jurisdiction dispense?
Which of the following is NOT a remedy developed by equity?
Which of the following is NOT a remedy developed by equity?
Why is the term 'common law' significant?
Why is the term 'common law' significant?
What is a writ in the context of initiating legal proceedings?
What is a writ in the context of initiating legal proceedings?
What is a key requirement for a valid contract?
What is a key requirement for a valid contract?
In a unilateral contract, which statement is correct?
In a unilateral contract, which statement is correct?
What does 'invitation to treat' signify in contract law?
What does 'invitation to treat' signify in contract law?
What is meant by 'consideration' in the context of contract law?
What is meant by 'consideration' in the context of contract law?
Which of the following cases pertains to acceptance inferred by conduct?
Which of the following cases pertains to acceptance inferred by conduct?
What determines the duration of an offer in contract law?
What determines the duration of an offer in contract law?
Which of the following best describes the effect of the postal rule on acceptance?
Which of the following best describes the effect of the postal rule on acceptance?
Which of these elements is NOT required for a valid contract?
Which of these elements is NOT required for a valid contract?
What does it mean when a previous decision is considered to be made per incuriam?
What does it mean when a previous decision is considered to be made per incuriam?
Which of the following statements about the binding nature of precedents is correct?
Which of the following statements about the binding nature of precedents is correct?
Under what circumstance may a court refuse to follow a previous binding precedent?
Under what circumstance may a court refuse to follow a previous binding precedent?
What is the primary role of obiter dicta in legal proceedings?
What is the primary role of obiter dicta in legal proceedings?
Which court is less likely to follow its previous decisions compared to the Civil Division?
Which court is less likely to follow its previous decisions compared to the Civil Division?
What happens when a court decision is overruled on appeal?
What happens when a court decision is overruled on appeal?
Which scenario does NOT allow a court to refuse to follow a binding precedent?
Which scenario does NOT allow a court to refuse to follow a binding precedent?
Which statement is true regarding the Supreme Court's authority?
Which statement is true regarding the Supreme Court's authority?
What influenced the court's finding that the parties intended to create a legally binding contract?
What influenced the court's finding that the parties intended to create a legally binding contract?
In which case did the court find that there was no contract due to the indication that it was merely a 'gentleman's agreement'?
In which case did the court find that there was no contract due to the indication that it was merely a 'gentleman's agreement'?
What presumption exists regarding family agreements and legal relations?
What presumption exists regarding family agreements and legal relations?
What is typically required to rebut the presumption that a contract was intended in a commercial situation?
What is typically required to rebut the presumption that a contract was intended in a commercial situation?
Why can oral contracts lead to difficulty in enforcement?
Why can oral contracts lead to difficulty in enforcement?
What was a significant factor in the breakdown of the relationship between the parties?
What was a significant factor in the breakdown of the relationship between the parties?
What common assumption do people have about enforceability of oral contracts?
What common assumption do people have about enforceability of oral contracts?
What role does written documentation play in contract enforcement?
What role does written documentation play in contract enforcement?
What presumption exists regarding agreements made between spouses living together?
What presumption exists regarding agreements made between spouses living together?
What happens to the presumption of intent to create legal relations if a couple is separated when making an agreement?
What happens to the presumption of intent to create legal relations if a couple is separated when making an agreement?
What type of agreement is typically presumed to not intend to create legal relations?
What type of agreement is typically presumed to not intend to create legal relations?
Which case illustrates the principle that silence does not constitute acceptance?
Which case illustrates the principle that silence does not constitute acceptance?
What legal status does an advertisement usually hold in contract law?
What legal status does an advertisement usually hold in contract law?
Which case establishes that an auctioneer's request for bids is an invitation to treat?
Which case establishes that an auctioneer's request for bids is an invitation to treat?
Which requirement must be met for a contract for the sale of land to be valid according to the law of property?
Which requirement must be met for a contract for the sale of land to be valid according to the law of property?
What was determined about the contract in the scenario where Jane and Darren were involved?
What was determined about the contract in the scenario where Jane and Darren were involved?
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Study Notes
English Legal System
- 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.
Intention to Create Legal Relations
- 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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