Intro to Law: Rule of Law & Legal Precedent

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Questions and Answers

Which of the following best describes the doctrine of stare decisis?

  • Courts should generally follow previous rulings of higher courts. (correct)
  • Courts must always follow previous rulings regardless of circumstance.
  • Courts should consider _obiter dicta_.
  • Courts are encouraged to consider international laws.

What is the significance of parliamentary supremacy in the English legal system?

  • Parliament has the ultimate legal authority to make or repeal any law. (correct)
  • The judiciary has the power to overturn parliamentary legislation.
  • International treaties take precedence over parliamentary law.
  • The common law is superior to parliamentary acts.

Which of the following is NOT a key purpose of law?

  • To maintain order within a society
  • To resolve disputes between individuals or entities
  • To protect individual rights and property
  • To ensure equality of outcome for all citizens (correct)

Which of the following statements accurately describes the 'Rule of Law'?

<p>Laws must be clear, stable, and non-retroactive. (D)</p> Signup and view all the answers

In the context of precedent, what does ratio decidendi refer to?

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Which court division would likely handle a complex dispute related to the construction of a new technology center?

<p>High Court (Technology and Construction Court) (B)</p> Signup and view all the answers

Which statement accurately distinguishes between public and private law?

<p>Public law concerns the relationship between the state and its citizens, while private law concerns relationships between individuals or businesses. (D)</p> Signup and view all the answers

Which of the following is the standard of proof required in civil disputes?

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What is the primary purpose of Alternative Dispute Resolution (ADR)?

<p>To resolve disputes outside of formal court proceedings. (A)</p> Signup and view all the answers

If a contract contains ambiguous terms, how will a court typically interpret those terms?

<p>In favor of the party who did not draft the contract. (D)</p> Signup and view all the answers

Which of the following scenarios would most likely lead to discharge of a contract due to frustration?

<p>A key venue for a concert burns down the day before the performance. (D)</p> Signup and view all the answers

What is the main purpose of contract law remedies?

<p>To compensate the injured party and restore them to the position they would have been in had the contract been performed. (B)</p> Signup and view all the answers

In contract law,what is 'consideration'?

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What is the key difference between a 'condition' and a 'warranty' in contract law?

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Which of the following scenarios likely involves 'undue influence'?

<p>A lawyer pressuring an elderly client to change their will in the lawyer's favor. (A)</p> Signup and view all the answers

Which situation demonstrates a contract being 'voidable' due to lack of legal capacity?

<p>An adult enters into a contract while heavily intoxicated and unaware of their actions. (C)</p> Signup and view all the answers

In the context of misrepresentation, what is the key characteristic of 'fraudulent misrepresentation'?

<p>It is a deliberate and intentional false statement made to deceive another party. (A)</p> Signup and view all the answers

What is the 'postal rule' in contract law?

<p>Acceptance is valid when the acceptance is posted, not when it is received. (B)</p> Signup and view all the answers

Which scenario best illustrates the concept of 'invitation to treat'?

<p>A shopkeeper displaying goods on shelves with price tags. (C)</p> Signup and view all the answers

How does substantial performance relate to the full discharge of a contract?

<p>It may allow for discharge with adjustments, such as a partial payment for incomplete work. (B)</p> Signup and view all the answers

Which of the following is a key element needed to establish negligence?

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According to the 'Neighbour Principle' established in Donoghue v Stevenson, who is considered your 'neighbour'?

<p>Anyone you can reasonably foresee could be injured by your actions (B)</p> Signup and view all the answers

In negligence law, what does 'breach of duty' mean?

<p>Failing to meet the required standard of care. (C)</p> Signup and view all the answers

What is the purpose of the 'Caparo Test'?

<p>To establish new duties of care in negligence (C)</p> Signup and view all the answers

Which factor is NOT typically considered when determining if there has been a breach of duty of care?

<p>The defendant’s personal financial situation. (C)</p> Signup and view all the answers

What does 'factual causation' in negligence refer to?

<p>Whether the harm would have occurred 'but for' the defendant's actions. (C)</p> Signup and view all the answers

What is the significance of the 'Eggshell Skull Rule'?

<p>It holds the defendant liable for the full extent of the victim's injuries, even if they are unexpectedly severe due to a pre-existing condition. (D)</p> Signup and view all the answers

What is 'contributory negligence'?

<p>The claimant's own actions contributed to their injuries, reducing the compensation they can receive. (D)</p> Signup and view all the answers

According to the Occupiers' Liability Act 1957, what duty is owed to lawful visitors?

<p>A duty to take reasonable steps to ensure they are reasonably safe. (D)</p> Signup and view all the answers

What is the key difference in the duty owed to trespassers under the Occupiers' Liability Act 1984 compared to lawful visitors under the 1957 Act?

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What is the 'allurement principle' in occupiers' liability?

<p>Occupiers may be liable if a child is drawn onto their land by something attractive and dangerous. (A)</p> Signup and view all the answers

Which of the following is NOT a recognized type of registered title for land?

<p>Conditional Title (D)</p> Signup and view all the answers

What is the primary difference between a freehold and a leasehold estate?

<p>Freehold is full ownership forever; leasehold is ownership for a set number of years. (C)</p> Signup and view all the answers

Which of the following best describes an 'easement'?

<p>A right to use another person's land for a specific purpose. (D)</p> Signup and view all the answers

Which 'unity' is NOT required for a Joint Tenancy?

<p>Unity of Contract (D)</p> Signup and view all the answers

What is an Assured Shorthold Tenancy (AST)?

<p>The most common type of tenancy in the UK, granting security of tenure for six months (C)</p> Signup and view all the answers

What is the main difference between a lease and a licence to occupy property?

<p>A lease grants exclusive possession, while a licence only grants permission to occupy. (C)</p> Signup and view all the answers

Flashcards

Definition of Law

A system of rules recognized by a country or community to regulate actions and enforce penalties.

Rule of Law

Laws must be clear, stable, and not retroactive. Judiciary must be independent. Everyone has the right to a fair hearing and access to courts.

Common Law

Based on custom and judicial decisions (since 1066).

Parliamentary Supremacy

Parliament has the ultimate legal authority.

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Judicial Independence

Judges must be free from external influence.

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Stare Decisis

Courts follow previous rulings of higher courts.

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Ratio Decidendi

The legal reasoning behind a judgment.

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Obiter Dicta

Other observations made by the judge.

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Statutory Law

Laws made by Parliament.

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Common Law (Source)

Judge-made law based on precedent.

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Supreme Court

Highest court in the UK.

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Court of Appeal

Reviews cases from lower courts.

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Magistrates' Court

Deals with minor criminal cases, family proceedings, and licensing.

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Criminal Law

Deals with crimes and punishment.

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Constitutional Law

Governs the structure of the state.

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Administrative Law

Regulates government actions.

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International Law

Deals with relations between nations.

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Contract & Commercial Law

Agreements between parties.

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Tort Law

Civil wrongs (e.g., negligence).

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Property Law

Ownership and use of land/buildings.

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Family Law

Marriage, divorce, and child custody.

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Corporate Law

Business regulations.

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Codification

Organizing laws into written codes.

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Adversarial Legal System

Each party presents their case with legal representation. The judge ensures due process and applies the law.

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Claimant (Plaintiff)

Files a claim.

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Defendant

Responds to the claim.

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Judge

Applies the law to the facts.

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Alternative Dispute Resolution (ADR)

Used to resolve disputes without court proceedings.

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Adjudication

Fast-track decision-making in construction disputes.

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Mediation

Negotiation with a neutral third party (non-binding).

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Case Law

Judicial decisions (precedents).

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Litigation

Taking legal action in court.

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Statute Law

Acts of Parliament.

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Contract

A written or spoken agreement intended to be legally enforceable.

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Offer (Contract)

A statement of willingness to enter a contract under specified terms.

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Invitation to Treat

Not an offer, but an invitation for offers.

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Postal Rule

Acceptance is valid when posted (not received).

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Executory

Promise to do something in the future.

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Executed

Promise already performed.

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Contra Proferentem Rule

Interpreting contracts against the party that drafted them.

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Study Notes

Definition and Purpose of Law

  • A system of rules recognized to regulate actions and enforce penalties through a country or community
  • The purpose is to maintain order, resolve disputes, protect individuals and property and uphold justice

Rule of Law

  • Laws are required to be clear, stable and not retroactive
  • The judiciary authority must be independent
  • A fair hearing and access to courts are required for everyone

Development of English Law

  • Common Law includes custom and judicial decisions since 1066
  • Parliament has ultimate legal authority through Parliamentary Supremacy
  • Judges must be free from external influence via Judicial Independence

Doctrine of Precedent

  • Stare Decisis dictates that courts adhere to higher courts previous rulings
  • Ratio Decidendi is the underlying legal reasoning behind a judgment
  • Obiter Dicta are observations made by the judge

Exceptions to Precedent

  • Conflicting past decisions may create exceptions
  • Conflicts with Supreme Court rulings also create exceptions
  • Per incuriam are decisions made in error
  • Persuasive precedent, though not binding, remains influential
  • Smith v Eric S Bush (1989) is a mortgage valuation case {Tort}
  • Gibson v Manchester City Council (1979) concerns a housing sale contract
  • Caparo v Dickman (1990) establishes a duty of care in negligence claims {Tort}
  • R. (Miller) v Prime Minister clarifies Parliament's role in government accountability

Sources of Law

  • Statutory Law derives from laws enacted by Parliament
  • Common Law is predicated on Judge-made law based on precedent
  • Before Brexit, European Union law impacted UK law
  • Public Law covers Constitutional, Administrative, and Criminal aspects
  • Private Law covers Contract, Tort, and Property issues

The English Court System

  • Supreme Court is the highest court in the UK
  • Court of Appeal reviews cases from lower courts
  • High Court divisions include the Technology and Construction Court (TCC) for complex construction/technology disputes
  • County Court handles civil matters, contract/tort claims up to £25K, or £50K for personal injury claims
  • Magistrates' Court deals with minor criminal cases, family proceedings, and licensing
  • Tribunals handle disputes related to immigration, tax, employment, and social security

Branches of Law: Public Law

  • Criminal Law deals with crimes and punishment
  • Constitutional Law governs the structure of the state
  • Administrative Law regulates government actions
  • International Law addresses relations between nations

Branches of Law: Private Law

  • Contract & Commercial Law handles agreements between parties
  • Tort Law covers civil wrongs, including negligence
  • Property Law concerns ownership and land/buildings
  • Family Law addresses marriage, divorce, and child custody
  • Corporate Law covers business regulations
  • Codification is the process of organizing laws into written codes, exemplified by Civil Law in France and Germany
  • Common Law is founded on court precedents, found in the UK, USA, and Australia
  • Each party presents their case with legal representation
  • The judge ensures consistent due process and applies the relevant law

European Union & Brexit

  • EU law formerly influenced the UK legal system
  • Brexit on 31 Jan 2020, removed EU legal authority in the UK

Civil Disputes Process

  • Claimant (Plaintiff) initiates the process by filing a claim
  • Defendant responds to the claim
  • The Judge applies the law to the facts presented
  • Standard of Proof relies on the "Balance of probabilities," which carries a lower burden than criminal law

Alternative Dispute Resolution (ADR)

  • Used to resolve disputes without traditional court proceedings

Types of ADR

  • Adjudication provides fast-track decision making in construction disputes {28-day process}
  • Mediation involves negotiation with a neutral third party {non-binding}
  • Expert Determination involves an independent expert who provides a decision {binding or non-binding}
  • Mini-Trial presents the case to neutral advisors
  • Conciliation is similar to mediation but includes greater guidance from the conciliator
  • Early Neutral Evaluation involves a neutral party evaluating the case
  • Professional Arbitration on Court Terms (PACT) is a form of ADR designed for lease disputes
  • Statute Law encompasses Acts of Parliament
  • Case Law comprises of judicial decisions, functioning as precedents
  • Litigation involves taking legal action in court
  • Substantive Law defines rights and responsibilities of the citizens and state
  • Procedural Law governs how legal cases function and are processed

Contract Definition

  • An agreement, either written or spoken, that is intended to be legally enforceable

Key Contract Formalities

  • Offer
  • Acceptance
  • Consideration
  • Legal Capacity
  • Intention to create legal relations

Offer & Invitation to Treat

  • An offer denotes a statement of willingness to enter into a contract under specific terms
  • An invitation to treat stops being an offer, acting as an invitation for offers {advertisements, auctions}

Key Cases for Offers

  • Carlill v Carbolic Smoke Ball Co (1893) determined that an offer that was made to the public constitutes a legally enforceable contract
  • Gibson v Manchester City Council (1979) established that a council letter is an invitation to treat
  • Pharmaceutical Society v Boots (1953) established goods on shelves are an invitation to treat
  • Harvey v Facey (1893) determined that giving information, including the lowest price, does not constitute an offer

Acceptance

  • Must be non conditional
  • Must be communicated, unless implied by conduct
  • Methods include Written, oral or conduct
  • Postal Rule dictates that Acceptance is valid when posted, not received

Acceptance - Key Cases

  • Brogden v Metropolitan Railway Co (1877) demonstrates acceptance by conduct (continued business relationship)

Consideration

  • Denotes the exchange of value between parties
  • Executory consideration is a promise to conduct an act in the future
  • Executed consideration is a promise already performed

Consideration Constraints

  • Past Consideration is not valid {except in special cases}

Consideration - Key Case

  • Currie v Misa (1875) determines that consideration must have real value
  • Minors can void contracts with exclusion for necessities {Food or shelter}
  • Mental Incapacity voids a contract if a party lacks understanding or the other party knew of this
  • Intoxication allows contracts to be void if the intoxicated person was unaware
  • Matthews v Baxter (1873) determines drunk contracts made can be ratified when sober
  • Moulton v Camroux (1849) rules contracts from the mentally incapacitated can be voidable
  • Denotes intent is presumed on commercial agreements
  • Presumption of intent is excluded in domestic/social agreements unless proved otherwise

Contractual Terms

  • Express Terms must be clearly stated
  • Implied Terms are implied by law, custom or previous dealings
  • Conditions are fundamental terms breached that allow termination
  • Warranties are the minor terms where the breach allows a claim for damages

Limiting & Excluding Liability

  • Exclusion Clauses function to limit contract liability but must be clearly stated

Limiting & Excluding Liability - Key Cases

  • Parker v South Eastern Railway (1877) determines there must be reasonable steps to inform parties of exclusion clauses
  • Thornton v Shoe Lane Parking (1971) established that exclusion clauses must be incorporated before the contract is formed
  • Olley v Marlborough Court (1949) declares that for hotel contracts, exclusion clause, must be valid if introduced after contract formation

The Unfair Contract Terms Act 1977 (UCTA)

  • Restricts unreasonable contract terms and exclusion clauses

Contra Proferentem Rule

  • Clarifies that ambiguous contract terms are interpreted against the party who drafted them

Performance of a Contract

  • Definition: When all contractual obligations are executed, discharging both parties from further duties, it can be described as Performance of a Contract
  • Substantial Performance: contract may still be valid with adjustments through partial payment

Breach of Contract

  • Occurs when one party fails to fulfil their contractual duties
  • Repudiatory Breach occurs allowing the innocent party to terminate the contract
  • The injured party may choose to continue the contract

Consequences of a Breach

  • Condition Breach enables the innocent party to rescind and claim damages
  • Warranty Breach enables the innocent party to only claim damages

General Defences to a Breach of Contract

  • Contract not in writing {If required by law}
  • Indefinite contract, essential terms were not agreed upon
  • Mistake, a fundamental error invalidating the contract
  • Lack of Capacity, where the party was a minor, mentally incapable person, or was intoxicated
  • Fraud or Duress, where the contract agreed under deception or coercion
  • Unconscionability, where the contract is extremely unfair due to a power imbalance
  • Illegality, where the contract violates laws
  • Estoppel, an instance where one party waived a contract term, meaning they can can't claim a breach

Vitiating Factors (Factors That Invalidate a Contract)

  • Factors that void or make a contracy voidable

Capacity of Parties

  • Notes minors, the mentally unstable and intoxicated individuals lack legal capacity
  • Key Case: Nash v Inman (1908)
    • A minor buying waistcoats but refused to pay
    • The court determined that necessities {food, shelter} are enforceable but exclusion for luxury goods

Mistake

  • Notes that a fundamental mistake may void the contract
  • Non Est Factum (Not My Deed): Used if someone was tricked into signing a contract , though it is hard to prove
  • Key Cases:
    • Lloyds Bank v Waterhouse – An illiterate person signed a contract based on misrepresentation
    • Craddock Bros v Hunt – A land sale contract mistakenly left out a part of the land, leading to the court correcting the mistake.

Misrepresentation

  • Concerns a false statement of fact that induces someone to enter a contract

Types of Misrepresentation

  • Fraudulent – Denotes deliberate deception
    • Key Case: Derry v Peek (1889) – notes a tram company misled investors about future permissions, leading to a
    • Remedy being Damages & Contract Rescission being applied
  • Negligent – notes a false statement having been made without proper checks
    • Key Case: Hedley Byrne v Heller (1964) – Denotes a bank giving the client incorrect creditworthiness advice, leading to
    • Remedy: Damages under Misrepresentation Act 1967
  • Innocent – The false statement was made honestly
    • Key Case: With v O’Flanagan (1936) – A medical practice lost value after a contract was signed and the
    • Remedy: being Damages or Rescission being applied

Duress, Undue Influence & Inequality of Bargaining Power

  • Duress is where a contract was agreed under coercion or threats
  • Undue Influence concerns where a trusted person pressured another into a contract
  • Inequality of Bargaining Power, which by itself,is generally not enough to void a contract, with exclusion for cases involving exploitation

Illegality in Contracts

  • Void by statute – E.g., competition law violations
  • Illegal by statute – E.g., contracts for tax evasion
  • Illegal by common law – E.g., corruption or contracts restraining trade

Consequences of Illegality

  • Void contracts result in their terms being removed
  • Illegal contracts are unenforceable
  • Illegal performance results in the innocent party being able to recover damages

Discharge of Contract

  • Where the contract is ended when all obligations are satisfactorily performed.

Strict Rule of Performance

  • All contract obligations must be fully performed
  • Key Case: Cutter v Powell (1795) – A sailor's widow was not entitled to wages because he died before completing the voyage illustrating this

Ways to Avoid Strict Performance

  • A) Part Performance occurs where, - if the contract is divisible, that payment for each completed part may be enforceable, an example can be found by the - Key Case: Taylor v Webb – Rent was still payable for the occupied portion of a property - If a party accepts part performance, meaning they must pay for it -Key Case: Sumpter v Hedges – The defendant accepted part of the work, necessitating they pay for it - Substantial Performance is where, - If most of the contract is completed, resulting in payment still being due {minus deductions for defects, clarified across the - Key Cases which indicate - Dakin & Co v Lee – Denoting Payment allowed for substantially completed work.clarified across thekey cases which indicate - Hoeing v Isaacs - Noting the court allowed a partial payment - Bolton v Mahadeva – Denoting that the performance was not substantial, excluding payment allowance

Where a party is prevented from completing performance, clarifies that payment being being due

Exemplifed by the Key Case: Planche v Colburn – Clarifying the author was prevented from completing a book, yet still got paid

Further to Tender of Performance, the note states that If performance is offered but refused, clarifiespayment to Still be due, as clarified across the,

  • Key Case: Startup v MacDonald – Goods were delivered on time, but the buyer refused them

Time of Performance

  • Clarifies as a General Rule: Time is a warranty, not a condition

Exceptions {When Time is Critical}

    1. The contract explicitly states time is essential.
    1. The nature of the contract makes time critical.
    1. One party has already delayed, and the other gives a firm deadline.

Discharge by Agreement

  • Notes that contracts can be ended by mutual agreement

Key Factors on bilateral agreements

  • If neither party has performed, indicates that both agree to cancelling without issue,
  • If part, the contract, is executed, a new agreement may be needed

UniLateral Discharge

  • If only one party wants to cancel, they must provide consideration or sign for a formal deed

Discharge by Frustration

  • Arises A contract is frustrated when unforeseen events make it impossible to perform

Types of Frustration

  • Impossibility: Subject matter destroyed as an example- - Key Case: Taylor v Caldwell – A music hall burned down before a concert
  • Personal Incapacity happens when - A key person cannot perform under said- - Key Case: Condor v The Baron Knights – A drummer's illness prevented him from fulfilling a contract in kind
  • Illegality: A contract becomes illegal
  • Commercial Sterility: Illustrates the fact that a purpose of the contract is lost The fact is Key Case: Krell v Henry – A contract to rent a room for the coronation parade was frustrated when the parade was canceled

Limitations of Frustration

  • Self-Induced Frustration – The party at fault cannot claim frustration as clarified by - - Key Case: Maritime National Fish v Ocean Trawlers.
  • Where a Contract Becomes Difficult, as that Mere inconvenience is not enough, as signified across - Key Case: Davis Contractors v Fareham – Increased costs did not frustrate the contract When Foreseeable Events Are involved – Notes that If the risk was foreseeable, denoting that frustration does not strictly apply

If Absolute Obligations dictate matters- That if a contract demands strict performance, this means frustration strictly to not apply as determined under - Key Case: Paradine v Jane – Highlighting that a tenant was still liable to pay rent, despite even,the land, had being invaded

Effects of Frustration

  • Common Law makes All obligations to end immediately clarified in
    • Key Case: Taylor v Caldwell. Statute through theLaw Reform (Frustrated Contracts) Act 1943:
  • Clarifies thatMoney paid in advance can be recovered
  • A party, who is deemed partially performed - Receives payment for work conducted

Discharge By Breach

  • A contract discharges by breach when a party fails to fulfil their obligations
  • Whether a breach allows termination depends on the term breached via a- -Key Case: Bunge Corporation v Tradex Export SA – Highlighting the point that,If a term has meaning, then the contract can be terminated

Contractual Remedies

  • A) Regarding Damages are where- The Purpose relates to- Compensating the injured party, and placing them in a position would have been in if the contract was performed Indicating a -Duty on Losses, relating to - The injured party taking reasonable steps to reduce losses

Remoteness of Damages

  • Damages must be proven to be reasonably foreseeable -As signified Under the Key Cases that clarified this where - Hadley v Baxendale (1854), noting that Losses must arise naturally or be contemplated by both parties. - Victoria Laundry v Newman Industries (1949), declaring Special losses are required to be communicated in advance.

Liquidated Damages & Penalty Clauses

  • Liquidated Damages are - A pre-agreed amount, payable upon breach.
  • Penalty Clause becomes - Where, the clause creates a Punishment, not being a genuine estimate of loss, meaning it becomes unenforceable - As declared By the - Key Case: Dunlop Pneumatic Tyre Co Ltd v New Garage (1915), - Where it notes A penalty can amount to being, 'extravagant', when compared to the actual loss

Equitable Remedies

  • Notes these remedies are discretionary, instead of automatically granted, as indicated in
  • Injunctions – Denoting the power to Prevents a party from breaching their side of the of conduct
  • Specific Performance – Forcing a party to fulfil their contracted conduct

Tort Law & Negligence

  • Definition: A wrongful act, intentional, that causes harm and is remedied through civil law (damages).
  • Tort vs Contract: Notes that with-Tort: Duties are imposed by law,
  • The note clarifies the other side is under contract, where Duties are generated from agreements

Purpose of Tort Law

    1. Protects rights by defining legal duties.
    1. Compensates victims for harm suffered.

Types of Tort

  • Negligence – Failing to exercise reasonable care.
  • Defamation – False statements damaging reputation.
  • Assault & Battery – Threat or actual physical harm.
  • Trespass – Unlawful interference with property.
  • Wrongful Interference with Goods – Selling someone's property without authority.

Negligence

  • Definition: Failing to take reasonable care, leading to harm.
  • Three Factors: 1. Duty of Care – Where the defendant owed a duty to the claimant. 2. Breach of Duty – Denoting the fact that the defendant failed to meet the required standard of care, 3. Harm/Injury, generated as the breach, the claimant is at fault

Duty of Care

  • Established Duties (Precedent Cases) The note Indicates that, Donoghue v Stevenson (1932) – The Ginger beer example; helped create the Neighbour Principle indicating a responsibility to avoid foreseeable harm Notes that, Philips v Whiteley (1938) – Which helps clarify that duties of care extends beyond medical officials Nettleship v Weston (1971) – It's learner drivers owing the same duty of care,
  • B) Statutory Duties Occupiers', the Liability Act of 1957 - is a Duty of Care to all visitors on the premises, (to not cause harm) C) The Caparo Test indicates from Caparo v Dickman in 1990 requires to
  • To establish new duties are at play, note that the courts are required to ask,
    1. Was harm foreseeable?
    1. Was there proximity (legal closeness)?
    1. Is it fair, equitable, and reasonable to enact a law to enforce this duty?

Breach of Duty

  • Definition: A breach occurs when there is Failing to meet the expected standard of care Main Factors:
  • Foreseeability of risk { as generated from Donoghue v Stevenson}.clarified there.
  • Seriousness of Harm clarified by: Clay against architects with: Crump, relating to Architects Liability.
  • Burden of taking Precautions must be applied.
  • Common practice in the industry must be applied
  • Liability concerns Omissions clarified over Failure to Act being
  • No strict required Duty to Act, unless all those that,
  • A Special Relationship Is enacted/ or in service with(parent or child like setup, alongside doctor and patient scenario).
  • Or secondly Where the other force has CONTROL over the situation(employers/duty to their employees).
  • There are Key factors and cases clarified under:• Cases and legislation to be noted relating to:
  • Barrett v Ministry of Defence – Where a drunken soldier was left unhelped, making the
  • The MOD to be found and proven Liable
  • Where as, and alternatively in the Hill and or against, Chief Constable of Yorkshire– Indicating that Police owe no such (general) duty to prevent the initial crime

Causation & Remoteness of Damage

   Clarification was offered where Causation (Did the breach cause harm?)

and clarified regarding Factual - Where the note specifies (But for) the defendant's breach, to clarify whether the harm would have occurred?

-Clarifies whether Legal Causation -It Clarifications is whether the Harm to be the direct consequences. - Then the note reviews the Remoteness (Is the harm generated too far removed from initial breach (or even negligence?) - A point is clarified via the clarified By the Key.

  • Cases for it Where:
  • Hadley v Baxendale (1854) – Indicating that the Losses must reasonably be foreseeable.
  • Victoria Laundry v Newman Industries (1949) – Denoting that any and/or Special damages must be communicated to occur in advance of the project

7. *Liability for *Economic Loss & *Negligent Misstatements

  • Indicating that economic is recoverable if results strictly from
  • That is where *Negligent misstatements occur(incorrect professional advice).
  • And also on some *Physical grounds relating toward 'Damage to Property.'
  • Key Cases clarified :
  • Smith v Eric and S Bush, in 1989 helped indicate:Surveyors need to strictly owe the duty to the Homebuyers!
  • Yianni and V Edwin plus Evans, clarified in the 1982, indicate valuers are the subject to accountability and are liable for incorrect property reports.* Remedies for Negligence There are two factors - to consider

1.)* Damages Aim = Restore of the claimant to their original, ( original!) position. 2.) Mitigation: Denoting the injured party taking action, where appropriate steps to Reduce losses are required of them . B) Equitable of any Potential Remedies -Injunctions – Meant to Prevent any and all further harm -Specific Performance – Functions as a means to Forces the end fulfilment contracts.

Rescission - Functions to cancels Agreements made from any or all the misrepresentation, as long side any or all duress.

Breach of Duty Law

  • What a Breach of the Duty of Care Means:
  • It's defined when, A breach has arisen when a said person(or legal person that is) fails to meet the proper, reasonable standards(of care) that there-bye result in harms.
  • The Standard Of Care
  • Indicating that to all relevant parties or factors, The law does and should enforce only reasonableness over Perfection in this regard.
  • It is Important To note it;'s the notes that the Test is the be "objective" -- as any/ all personal inexperience is not a proper excuse against the defense. To be proven in (Nettleship v Weston 1971 – As learner drivers must meet the same standard as experienced certified drivers.)

What About the Water Board

  • Blyth v Birmingham Waterworks Co (1856.)*
  • the water boards created, Facts; Main installed water works, where there was -An unexpected, severe frost, caused the leak, and damaged the claimant's respective home this.
  • Notes the courts held; the company was (or is) is not negligent as it was was not foreseeable to all , the (or -the) frost event would've been too extreme for action.

The water company's Definition on standard of Negligence

It is : "Negligence is that omission/or action, to in attempt to do with all something that, the reasonable person was, guided within that conduct"

  • What are more to 3.) - Factors Affecting the Breaching of Duty
  • Any and all relevant factors include:
  • Any aspect with a Level of - The bigger aspect "Risk " (this term in here), indicates the bigger "Duty of Care."
  • Then there are Factors relating to key cases:• Is there. * Fardon v Harcourt's -Rivington? (1932)
  • , this clarified liability on a dog, that shattered a car’s windscreen.as such event - was not legally foreseeable to any degree
  • Or was it Bolton v Stone ?-(1951) clarifies it. -the ball which hits it's passerby? Where ( in it!) the club: Was then not liable as in "that’ same or as such of:• incident/and s were proven (extremely ( not just "mostly ") Rare!" as can be.))
  • Notes there can be Factors based on Claimant Clarification which clarify to whether their claimant is seen a "particularly vulnerable. (and that) a higher duty to care was warranted as owed then to the injured party
  • So it was also needed that the all Key Cases should consider Key Cases should consider:
  • Should have ( Paris that vs Stepney - BC (1951) clarifying the one eyed as being The mechanic and to was blinded the ( extra )Precautions were never made /but should have been in place). as the note denotes..
  • . And then also. ( Hayley against the then 1965 version at the London Elect Board clarifies, . - that
  • notes, " Blind", it had , , person! as fell into those - ( the hole, while company, makingthem liable.)*
  • Factors Relating to Cost & all Practicality-

- To What Degree should Reduction Occur via Risk

  • -If- The ( said, "Reduce to") the risk has "Too High Costs," : the -the defendant may therefore not have liability to to be held if there for under this strict factor or its liability.
  • This , is as clarified the: Key Cases where
  • Latimer is up against all the AEC Limited, in the 1953, . (Factory put sawdust down! After/ - a the flood! not did close! the Factory due all 100 percent, closure was impractical! As all, there never was as that ,Liability on the event) The ( Bolton then -was. the ,. VS .Stone the factor ,. Risk that the injured -is very not good, so ,. Justifies that the those measure's are far too small as its was all not worth to (the Safety for measures. all is under this factor

Justifiable factor "for risk being said / taken."

Those socially, important activities can still allow a degree of leeway towards. (That, if that all (the for E.g., is any other social aspects or emergency Services)) is allow for greatest -all then leeway" ( as a phrase here -to under said. then" ).

  • Key and the Case is for as as in such case- ( Watt in/is it. VS the ! Hertfordshire and . CC) in , year for. 1954.-is that,. A as firefighters gets injured / on route as under all,, the: inadequacies, to,. all: the equipment , then; all the the- are not not to be on, liable due! : ( all and as that the and are to

  • .all lives*),..

  • Key Notes is What skilled Activities. Can Generate:

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Burden of Proof & Res Ipsa Loquitur (Burden lies On the claimant unless..)

  • the claimant proves the "negligence on is likely to balances of the probabilities
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