LA4005 1

Final Exam Part 1, required for studying at the Law Society; covers 8 core subjects

Professional Practice Course parts 1 and 2; practical training for new solicitors. Includes classroom training and in-office practice.

Steps to becoming a solicitor, including eligibility requirements, training, exams, and admission to the solicitor's roll.

Case challenging law society exam requirements, found to be discriminatory against Northern Ireland graduates.

The court's decision to eliminate special examination waivers for graduates from ROI for certain areas like law.

A legal principle where people expect legal rules or agreements to remain stable.

Company Law, Constitutional Law, Contract Law, Criminal Law, Equity Law, EU Law, Land Law, and Tort Law.

Solicitors handle various tasks, including contentious and non-contentious matters, like forming companies or resolving disputes in court; also deal with property and testamentary matters.

A preliminary step in a negotiation, inviting others to make offers that can be accepted or rejected.

A definite promise to do something, or refrain from doing something, in exchange for something else.

The agreement to the terms of an offer, thus forming a contract.

The withdrawal of an offer before it is accepted.

Turning down an offer, making it no longer valid.

A new offer made in response to an original offer that terminates the original offer.

A legal standard for determining negligence by comparing a person's actions to what a hypothetical reasonable person would do in similar circumstances.

An offer terminated after a reasonable period of time has passed without acceptance, meaning that the offer loses its validity.

Going beyond the expected duties in a public position; extra effort not already required.

Performing an existing contractual duty (like sailing the whole journey) is not valid consideration for a new promise (more payment).

A break agreed upon as an established practice isn't necessarily a legally binding contractual term unless agreed upon and considered as such.

Something of value exchanged by the parties entering a contract to make it legally binding.

An obligation already required by a contract, not considered new consideration.

A promise that a court will uphold as legally binding.

Allows the Garda Commissioner to provide police services and charge for them for specific events.

A specific part of a contract that sets out the obligations or promises of each party.

An act or benefit provided before a promise was made, generally not sufficient to enforce a contract.

Mutual exchange of value given at the time a promise is made for a contract to be legally binding.

A court order requiring someone to fulfill a contractual obligation, like completing a building project.

A case emphasizing that contractual variations need valid consideration and aren't enforced under duress, allowing specific performance.

The value exchanged between parties in a contract; it's the 'price' each side pays to make the agreement legally enforceable.

The concept of consideration being given during the same moment as the promise or agreement; not before or after.

A case demonstrating that a promise made after a sale without new consideration is not enforceable.

A legal principle that limiting the ability to enforce a promise to modify a contract without getting new consideration.

A landmark case establishing an exception to the rule of past consideration. It recognized that a promise to pay for an act done at the request of the promisor, with an implied understanding of payment, can be valid consideration for a new promise.

A promise that is not explicitly stated but is understood to exist based on the circumstances and the parties' actions. In Lampleigh v Braithwaite, the court recognized an implied promise to pay for the effort made to obtain the pardon.

A case that reaffirms the exception to past consideration outlined in Lampleigh v Braithwaite. It demonstrates that an act done at the promisor's request with the understanding of future payment can be valid consideration even if it was already performed.

A situation where someone is forced into a contract due to the threat of economic harm, which can make the contract unenforceable. The court in Pao On v Lau Yiu Long found no evidence of economic duress.

The concept of viewing related actions, such as a request and a subsequent promise, as a single, connected act. This perspective can be used to justify validity of a promise even with past consideration, as in Lampleigh v Braithwaite.

The intention of parties involved in an agreement to be legally bound by their promises. This element is crucial for an agreement to be considered a legally enforceable contract.

A landmark case in English law that established the principle that agreements between spouses made while they are living together are generally not legally enforceable because they are presumed to lack the Intention to Create Legal Relations (ICLR).

In close personal relationships (like spouses, family, friends), there is a presumption that agreements aren't meant to be legally binding. This presumption can be rebutted (overturned) when there is a clear intention to create legal relations.

Agreements made by spouses who are no longer living together amicably. These agreements are more likely to be legally enforceable, as the presumption against ICLR is less applicable.

When the relationship between parties involved in an agreement is more business-like, it's easier to establish that there was an intention to create legal relations. This means that the agreement is more likely to be legally binding.

Overturning the presumption against ICLR, meaning proving that the agreement was intended to be legally binding despite being made in a close personal relationship.

Common law doesn't impose strict formalities on spousal agreements, relying on 'natural love' and affection. However, there's a growing recognition of ICLR especially when separation is contemplated.

These are crucial elements that judges consider in determining whether parties intended to create legal relations. Factors include the nature of the relationship, the clarity of the agreement, and whether the parties acted like they intended to be legally bound.