Introduction to Law and Legal Functions
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Questions and Answers

What is a set of rules governing relationships between persons?

  • A set of rules recognized as giving certain rights to certain persons (correct)
  • Laws made by Parliament
  • A set of rules made by the people themselves to regulate their relationships
  • By-Laws

    • Which function of law provides for the structuring of public power?

  • Protecting individual rights
  • Facilitating and regulating private relations
  • Structuring of public power (correct)
  • Resolving conflicts

    • What is an example of local law?

  • Statutes of general application
  • Common law principles of equity
  • Customary law and religious law
  • Statutory law (Acts and Acts) (correct)

    • What is an example of public law?

    <p>Constitutional law</p> Signup and view all the answers

    What is the term for laws made by the people themselves to regulate their relationships?

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

    What is the function of law that facilitates and regulates private relations?

    <p>Facilitating and regulating private relations</p> Signup and view all the answers

    What is an example of received law?

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

    What branch of law is concerned with the enforcement of a code of conduct upon citizens?

    <p>Public law</p> Signup and view all the answers

    What is a bid at an auction considered as?

    <p>An offer</p> Signup and view all the answers

    What is necessary for a contract to be formed?

    <p>Both an offer and an acceptance</p> Signup and view all the answers

    What is acceptance defined as under the Law of Contract Act?

    <p>An assent to the proposal by the person to whom it was made</p> Signup and view all the answers

    What is required of an acceptance for it to be valid?

    <p>It must be absolute and unconditional</p> Signup and view all the answers

    What happens if an acceptance is qualified?

    <p>It becomes a counter offer</p> Signup and view all the answers

    What does 'subject to contract' mean in an acceptance?

    <p>The parties do not intend to be bound until a formal contract is prepared</p> Signup and view all the answers

    In the case of Winn v. Bull, what did the plaintiff sue for?

    <p>Specific performance of the agreement</p> Signup and view all the answers

    Why did the court rule in favor of the defendant in Winn v. Bull?

    <p>Because the agreement was 'subject to contract'</p> Signup and view all the answers

    What is a requirement for all simple contracts, whether written or not, under the Common Law?

    <p>They must be supported by consideration</p> Signup and view all the answers

    What was the ruling in the case of Rann v. Hughes (1778)?

    <p>That all simple contracts must be supported by consideration</p> Signup and view all the answers

    What is the definition of consideration given in the case of Currie v. Misa (1875)?

    <p>Some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other</p> Signup and view all the answers

    What is the purpose of consideration in a contract?

    <p>To act as a price for which the promise of the other is bought</p> Signup and view all the answers

    What is a common form of consideration?

    <p>A payment of money</p> Signup and view all the answers

    What is the essence of consideration in a contract?

    <p>A benefit to one party or a detriment to the other</p> Signup and view all the answers

    What is the requirement for contracts under the Law of Contract of Tanzania?

    <p>They must be supported by consideration</p> Signup and view all the answers

    What is the significance of consideration in a contract?

    <p>It makes the contract enforceable</p> Signup and view all the answers

    Who has rights and liabilities in a contract?

    <p>A person who made a promise or consideration</p> Signup and view all the answers

    What was the outcome of the Scruttons v. Midland Silicones case?

    <p>The stevedores were held liable for the damages</p> Signup and view all the answers

    What was the agreement between Mr. Beswick and his nephew?

    <p>The nephew was to take over Mr. Beswick's business in return for a payment of £6.50p per week to Mr. Beswick</p> Signup and view all the answers

    What was the outcome of the Beswick v. Beswick case?

    <p>Beswick's widow failed in her personal capacity but succeeded as administratix</p> Signup and view all the answers

    What is the principle of privity of contract?

    <p>A third party can furnish consideration but not sue on the contract</p> Signup and view all the answers

    What is the provision of the Law of Contract Act in Tanzania regarding privity of contract?

    <p>S.2 (1) (d) permits a 3rd person to furnish consideration but not sue on the contract</p> Signup and view all the answers

    What is the significance of the Scruttons v. Midland Silicones case?

    <p>It highlighted the importance of considering the rights and liabilities of parties in a contract</p> Signup and view all the answers

    What is the relevance of the Beswick v. Beswick case to the principle of privity of contract?

    <p>It demonstrated that a person who is not a party to a contract cannot sue on the contract</p> Signup and view all the answers

    What are representations in a contract?

    <p>Statements that merely induce a party to enter into a contract</p> Signup and view all the answers

    What are terms in a contract?

    <p>Statements that are part of the contract itself</p> Signup and view all the answers

    How can you determine whether a statement is a term or a representation?

    <p>By applying certain tests to decide whether a statement is a term or a representation</p> Signup and view all the answers

    What is one of the tests used to determine whether a statement is a term or a representation?

    <p>The intention of the parties</p> Signup and view all the answers

    What happens if a party makes a statement with the intention of preventing the other party from finding any defects?

    <p>The statement is likely to be a term</p> Signup and view all the answers

    What is a collateral contract?

    <p>A concept used by court to provide a remedy for non-fraudulent misrepresentation</p> Signup and view all the answers

    What happens if a statement is made during preliminary negotiations?

    <p>The statement is likely to be pre-contractual</p> Signup and view all the answers

    What is the effect of a statement that the aggrieved party would not have made the contract without?

    <p>The statement is likely to be a term</p> Signup and view all the answers

    Study Notes

    Rules and Sources of Law

    • A set of rules governing relationships between persons
    • Laws made by Parliament (Acts) - Law of Contract Act/Law of Marriage Act
    • By-Laws
    • Laws made by the people themselves to regulate their relationships - Contract
    • A set of rules recognized as giving certain rights to certain persons and imposing certain obligations on certain persons - Tort

    Functions of Law

    • Structuring of public power - Constitutional law
    • Facilitating and regulating private relations - contract, property, marriage, etc.
    • Resolving conflicts - the state through law may set up institutions, e.g. courts, tribunals to resolve disputes

    Branches of Law

    • Municipal law (within a state)
    • Public law - concerned with enforcement of a code of conduct upon the citizens
    • Criminal law - criminalizes and punishes certain acts and omissions
    • Constitutional law - regulates relationship between citizens and state organs
    • Administrative law - confers powers on officials
    • Regulatory law, e.g. Company law - oversees certain private relations

    Acceptance in Contract Law

    • Acceptance is defined as an assent to the proposal by the person to whom it was made
    • Acceptance must be firm and final: The signification of acceptance must be a firm and final expression of assent to the terms of the proposal as communicated by the offeror/proposer
    • Conditional acceptance: An acceptance must be absolute and unconditional
    • One form of conditional assent is an acceptance “subject to contract”

    Consideration in Contract Law

    • Consideration is an important ingredient in all contracts which are not made under seal
    • Consideration is defined as: “Some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other”
    • Consideration comprises of both positives or negatives to a party
    • Payment of money is a common form of consideration

    Privity of Contract

    • In Tanzania, the Law of Contract Act is silent on the principle of privity of contract
    • S.2 (1) (d) permits a 3rd person to furnish consideration but doesn’t allow him to sue on the contract on the ground that although he furnished consideration he is not a party to a contract

    Representations and Terms

    • Representations: These are statements which merely induce a party to enter into a contract
    • Terms: These are part of the contract itself and make up its contents
    • Tests to distinguish a term from a representation:
      • Intention of the parties
      • Statement is likely to be a term if it is made with intention of preventing the other party from finding any defects and succeeds in doing so
      • If the statement is such that the aggrieved party would not have made the contract without it, then the statement will be a term of the contract
      • The statement made during preliminary negotiations tend to be pre-contractual

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    Description

    This quiz covers the basics of law, including sources of law and functions of law, including constitutional law and private relations.

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