LA4005 Past Paper PDF

#separator:tab #html:false #tags column:3 4 Main Personnel of the law - S______rs - Ba______s - At_____ G_____ - D______ _ P________ Pr____ (DPP) solicitors, barristers, attoney general, directroof public porsecution In the UK, the main 2 legal proffesions are - S_____ - B________ Solicitors, Barristers In countries other than the UK/Ireland, the main two legal proffesions have different names. These are: - _____ -______ Lawyers, Solicitors Amount of solicitors practcing has increased from 1335 in 190 to __,____ in 2017 10,000 Number of barristers in 168 was 217. in 2017 that numnber rose to 2,____ 2300 Solicitors Specialist in ad__ clientsPrepare cases for c_____High level contact with the c____‘B__’ ‘The Bar’may appear as an a______ in court advising, court, client, Brief, advocate Barristers: Specialist in the art of a_____cypr______ the case in court a c_____ cannot engage directly drafts legal documents-p_____ advocacy, presents, client, pleadings Solicitors- regulation Incorporated Law society of ireland was formed in 18__, secured the in____ existence of solicitors as a branch of the legal proffesion. Was renamed the law society of ireland in 19__ 1830, indepdendent, 1994 The Law Society is the ed______ , representative and re___ry body of the so____s' profession in Ireland. educational, regulatory, solicitors Regulation of solicitors Regulated by solicitors act 18__solicitors acts 1954-20__- p_____, duties, obligationsreform of legl proffesionlegal services regulation act 2015: a number of a_____ related to regulation of solicitors 1898, 2015, powers, ammednmens Admission as a solicitor must serve a period of app_______ and complete courses of study organised by the ___ societyprospecive student must hold a univerisity degree and sit an entrance exam known as __-_then has to complete PPCI and ____ apprenticeship, law, fe-1, ppcii Solicitor Admission Prior to 19__- exemptions were available to ROI graduatesChallenged by graduate law students from Q__'s University B____Bloomer and Ors v. Incorporated Law Society of Ireland [19__] IR 403 1995, Queens, Belfast, Bloomer, 1995 Bloomer and Ors v. Incorporated Law Society of Ireland IR 403 Prior to 1995: Exemptions: Graduates from the Republic of Ireland (ROI) universities were exempt from the f____ part of the final examination required by the Law Society of Ireland. Case Background: Challenge: Graduate law students from Q____'s University Belfast challenged the exemption policy. Plaintiffs: Alison B_____ and others. first, queens, bloomer Bloomer and Ors v. Incorporated Law Society of Ireland IR 403 Key Issues:Indirect d_____: The plaintiffs argued that the exemption policy indirectly discriminated against graduates from Northern Ireland based on n______.Proportionality: The court examined whether the refusal to waive or modify the examination requirement was p_________ to the lack of knowledge of the Irish C______ and statute law. discrimination, nationality, proportionate, constitution Bloomer and Ors v. Incorporated Law Society of Ireland IR 403 Court Decision: The High Court ruled in favor of the plaintiffs, finding that the regulations violated Article _ of the __Treaty, leading to the removal of the ex___ for ROI graduates. 6, EC, exemptions Abrahamson & Ors v Law Society of Ireland ( 1 IR 403):Issue: Challenge to the re______ of exam exemptions by the Law Society.Argument: Students claimed a legitimate ex_______ based on previous regulations.Court’s Decision: High Court a______ the students’ legitimate expectation.Outcome: Court ruled it couldn’t in_____ with the Law Society’s authority to amend regulations.Suggestion: Each student’s case should be considered ______ under the new rules. removal, exceptation, aknowledged, itnerfere, individually Current Procedure for Entry as Solicitor Anyone who has a p______ degree can now applyF___ exams (8 topics) , training & education course (____1), exams, ap______, PPC2, exams, completion of all statutory and r____ requirements primary, 8, FE1, PPC1, apprenticeship, regulatory FE-1 (FINAL EXAM FIRST PART) anyone who wishes to study at law society must now sit the FE-1 8 Core SubjectsC______ LawCon________ LawC____ct LawC_______nal LawE______U LawL__d LawT____ law company, constitutional, contract, criminal, equity, eu, land, tort PPCI and PPCII Stand For: Proffesional practice course FE-1 & FE-2 stand for : ________ part 1 and 2 final exam "PPCI 1_ weeks of fulltime instruction, followed by an _____ months in-office training as part of the ap_______ PPCII ""______ course""- __ weeks further full-time instruction, followed by an exam" 14, exam, 11, apprenticeship, advanced, 11 Solicitor Roadmap: __-1Eligibility for t_____ contractPP___E____In-_____ trainingPP__E____In-office trainingAmission to ___ of solicitors FE1, training, ppci, exam, office, ppcii, exam, roll Work of Solicitors ___ point of contact for publicInvolves _____ and non-contentious workFormation of com____, drafting w___, contracts,Conveyancing of p_____rtyPrepare for resolution of d____tes in court___ a BarristerLarger firms will have commercial clients- s______st first, contientious, companies, wills, property, disputes, brief, specialist ________ work for a solicitor involves handling disputes between parties. This typically includes: conentious work not connected with court proceedings or analogous work such as arbitration is known as non-_____ work. This inclduesdrafting of ____con___ mattersformation, flo____ on stock exchange of companies is another area for larger firms in comm___ law conetnious, wills, conveyancing, floatation, commercial Contentious business Many solicitors do not become engaged in ad_____ , except in some cases: c___ and criminal, in the l___ courts. advocacy, civil , lower Discipline of solicitors disciplinary tri_____ of law societyhear c____nts regarding conductinvestigate allegation of m_____ct such as missapropriation of client funds by a solicitor Disciplinary Tribunal may refer matter to the pres____ of the High Court e.g. can order sus_____ or strike a solicitor off the Roll of SolicitorsThis is all under the legal services regulation act 20__ (comm_____ issues) tribunal, complaints, misconduct, president, suspensions, 2015, commencement Solicitors Act 19__ gave authority to Law Society to su____ a solicitor. Nature of the job, sp___ , meant striking a solicitor off the ro__ of Solicitors should not be carried out by the Society Was an administration of justice-art. 34- power is vested in the ____ Court.Solicitors (Amendment) Act 19__ - transferred the disciplinary function to the _____ of the High Court. 1954, suspend, specialised, roll, high, 1960 president Right of Audience and Judicial Appointments Right of AudienceCourt Act 19__ -solicitors can appear in any _____Judicial AppointmentsPrior to 1995 solicitors could only become judges of the d____ Court Courts and Courts Officers Act 1995 Could be appointed to the c_____ CourtCourt and Court Officers Act 20__Can be appointed to the h____ Court and Supreme Court 1971, cour, district, circuit, 2002, high Advertising for Solicitors Solicitors (Amendment) Act 1994 & Regulations- ads must not be in b___ taste, misleading, reflect unfavourably on other sol_______ or be contrary to pub____ policyBreaches go before disciplinary tribunal Commencement of Legal Services Regulation Act 2015- continues in late 2019 e.g. l_____ Liability Partnerships for solicitors in IrelandCreate new regulations on a______ No restriction of ads unless necessary for independence, d__ & integrity of p____ , or for public interest bad, solicitors, public, limited, advertising, dignity, proffesion Barristers Junior counsel and senior counslalthough you need to serve 1_ years in the bar, there is never a guarantee that you will become a ______ counselindividually known as barristers, their collective is known as the ___regulated by the bar councelthey are educated and trained in the honourable society of K___ Inn 15, senior, bar, kings inns The ___of Ireland is the regulatory and representative body for barristers practising law in the Republic of Ireland.The General Council of the Bar of Ireland is composed of twenty-five members: twenty who are elected, four co-opted, and the att___-g_______, who holds office ex ____. The Bar of Ireland funds the ___ Library, which has premises in Dublin in the f__ courts , ch____ Street, and the c_____courts of justice , and also a smaller library in Cork. Membership of the Law Library is in effect compulsory for barristers wishing to practise in the Republic of Ireland. bar, attorney general, officio, law, four, church, criminal, compulsory Barrister Admission: Entrance used to be based on ___ degree from certain Irish universities After Bloomer the Inns changed their regulations Entrance e___ for all.Approved Law degree or undergraduate degree plus _ yr Diploma from King’s InnsMust have passed at undergraduate or diploma level- _U law, l__d, comp__ , Equity, Administrative, jurisp____Entrance Exam – Contract, Criminal, Tort, Constitutional, Evidence law, examination, 2, eu, land, company, jurisprudence Degree of a barrister-at-law Practice and Procedure:C___ Practice and ProcedureCr_____ Practice and ProcedureEv______nceLegal Skills:A_____ and ConsultationAlternative _____ ResolutionO____nion WritingLegal Research and Dr____ civil, criminal , evidence, advocacy, dispute, opinion, drafting Barrister routeL Entrance ____Training and education (_/_ years)Call to the ___D____ (1 year)Inner Bar (__ years) exam, 1/, bar,m devil, 15 "A ""____"" serves under a master, the role is completley unpaid and does anything his/her master says. It used to be common to do it for one year, more commonly you serve _ years. each with a different master" devil, 2 "Barrister Work Junior and Senior CounselJunior Counsel in ______ Bar, Senior in ______ Barto become a senior, usually after __ years, you have to go through what is called ""taking ___""apply to _____ justice and attorney general to do so, appointed by government" outer, inner, 15, silk, chief Junior Counsel: d____ and prepare pleadings and deal with cases in ___ courtsSenior Counsel: review draft p_______ and deal with mroe complex cases in h___ and supreme courtcourt and court officers act 1995- wearing a ____ no longer required draft, lower, pleadings, high, wig BarristersBarristers receive instructions from ______- c__b-rank rule: once instructions are received, cannot re_____ work unless it is an area you have no ex_____ in Solicitor also collects ____ from clientsDependent on good ____ with solicitors Very hard work in first few years – no set ___ ($)Direct Professional Access scheme (direct legal opinion given to app______ bodies) solicitors, cab, refuse, expertise, fees, relationship, income, approved Barrister Discipline Regulated by Bar Council of Ireland – issues to each member a Professional Code of ConductAllegations of breaches investigated by the Professional p_____ce Committee New Act: Legal Services Regulation Act 20__ practice, 2015 Reform of the profession: Legal Services Regulation Act 2015 I____nent Regulatory AuthorityCodes of p_____ceDisciplinary T____nalEstablish new b____ models- Partnerships; Multi-Disciplinary practicesOffice of Legal costs Adjudicators R_____ch – competition (education) & unification of professions independent, practice, tribunal, business, research Legal Practitioners Disciplinary Tribunal Resolve d____ between clients, public and profInadequate _____vices, excessive costs, m_____Disciplinary Tribunal- l_____ of dispute resolutionPowers of ___ ____ to call witnesses, evidence, documentsRecommend various sanctionsIncluding legal professional struck off the ___ disputes, services, misconduct, levels, high cout, roll "Article __ of the constitution of ireland provides that the attorney general is the ""_____of the government in matters of law and opinion""." 30, adviser "General Attorney appointed by the ______ on nomination of Taoiseachresigns when the ______ reigns close relationshipby convention, the attorney general is senior counsel, ""______ of the Bar""Current Attorney general is Paul _____ SCAttorneygeneral.ie" president, taoiseach, leader, Gallagher Functions of the AG Drafts ____________ advisor to governmentinternational _______resolution of complex _______ issuespre-____took all criminal cases ~ transferred to director of public persecutions now (___)represents _____ in cases where public inerest is at stake, acts indepdnent of ______ in such casesdefender of constitution legislation, legal, treaties, legal, 1976, DPP, public, government, consitution Attorney General divisions of the office of the attorney general____ counsel to the attorney general, providing legal advcie to governmentthe office of the ___ counsel- specialise in drafting legislationstatute law revision unit modernising our body of _____ law advisory, parliamentarly, statute Director of public Prosecutions established under prosecutions of offences act ____DPP appointed by government but unlike AG does not resign with _________-political ________in the prosecution of criminal offences 1974, taoiseach, independent Functions of the DPP charged with enforcing law on behalf of the ______directs and supervises all criminal ______directing division: examines files and decides whether or not to ______decisions not to prosecutedisclosure versus ______of innocence, good namereasons for decision policy (____) (3 groups)DPP can appeal-sentences as being 'unduly ______' public, prosecutions, prosecute, presumption, 2015, lenient Irish Court System the constution was ratified in ____it provided the ____ _______ of the new Irish state, to replicate the court system which existed under ______ ruledetails of this court system were outlined in the courts of justice act of ___art. 34-38 of ____ constitutioncurrent court structure system- which required the setting up of a new court system formally established by the courts (establishment and consitution) act 1961 (as ammended by the court of appeal act 2014) 1922, court system , british, 1924, 1937, Constitution outlines the structure of htee court system as follows ______ courtcourt of ______courts of first ______courts of limited ______ supreme, appeal, instance, jurisdiction courts of first instance include the _____ court, which has full jurisdiction in all criminal and civil matters high courts of limited jurisdiction include the c_____ courtd___ court these are organised on a l___ / regional basis circuit, disrict, locsl administration of justice articles 3_.1 and 3_.1 form our court as it operates today 4, 7 Article 34.1 of the 1937 Constitution: “Justice shall be administered in courts established by ___ by judges appointed in the manner provided by this c____- , and, save in such special and l______ cases as may be prescribed by law, shall be administered in p____.” law, consitution, limited, public Article 37.1 Nothing in this Constitution shall operate to invalidate the exercise of l f and powers of a judicial nature, in matters other than criminal matters, by any person or body of persons duly a by to exercise such functions and powers, notwithstanding that such person or such body of persons is not a or a appointed or established as such under this Constitution. limited functions, authoised by law, judge, court Function of courts: Function: the administration of j______Ultimate decision m_____ in disputes between the _____ and the individual or between ________Interprets and applies the C________, st______ and c____ law justice, maker, state, individuals, constitutions, statues, case Article 34.1: The courts must, in general, sit in public, ‘save in such special and limited cases as may be prescribed in law’. Exception: where cases are heard in ________. camera In Camera: where members of the public as well as representatives of the media are _____ from the courtroom.Only the judge, the j____ (if applicable) the court registrar or c_____ , the parties and their _____ representatives will be present. excluded, jury, clerk, legal Article 36: Regulation of court business by law “The constitution and organisation of the said Courts, the ____________ of jurisdiction and business among the said Courts and judges, and all matters of procedure. The approach of the legislature has been to _______ the functions between the courts. distribution, divide Court Jurisdiction Jurisdiction – “to say the law” – where a court has jurisdiction, it has _____ to say the law i.e. to hear the case and determine the law_____ & ______ – Geographical location and legal issue/remedy (_____ limit)Original jurisdiction – refers to the a______ to hear the case and decide the caseAppellate jurisdiction – refers to the authority to hear the case on appeal from _____ court power, local and limited, monetary, authority, lower top, left, right supreme, appeal, high, district, circuit, central, special, district, case District Court __ districts around irelandconsists of president_3 ordinary judgescases are heard by _ judge(s)original jurisdictionmonetary limit: €__,000 or lesscivil:contract/ t___/ d_____ recovery/ ba_____ orders / l____ license renewal, ch___'s courtcriminalsum____ offences, non-j____, indicable (m____) with agreement 24, 63, 1, 15, tort, debt, barring, liquor, childrens, summary, jury, minor Circuit Court __ circuitsaround irelandconsists of president_7 ordinary judgespresident of district court ex ______cases are heard by 1 judge and a _____ original jurisdictionmonetary limit: €__,000 to €__,000civil:contract/ t___/ f_____-divorce, jud separationcriminalindictable (s__ offences, ass____, r_____) 8, 37, officio, jury, 15, 75, tort, family, secual, assualt, robbery High Court located in D____consists of president_7 ordinary judgespresident of circuit court ex ______cases are heard by ____ judge alonejury reuired for: c___ cases such as defamaton, assault, battery, false imprisonmen, malicious prosecitomnif directed, court will use _ judgesoriginal jurisdictionfull and _____ jurisdictionmonetary limit: €__,000 and abovecivil:contract/ t___/ d_______, divorcecriminalm_____, _______ murder, r____ dublin, 37, officio, 1, civil, 3, original, 75, tort, defamation, muder, attempted, rape High Court Jurisdiction – supervisory and appellate – inferior courts and state bodies Make orders- prevent acting _____ vires; compel to carry out dutiesCan hear all civil matters where the compensation claimed exceeds €__,000J____ ReviewApplications under the C____ ActsConstitutional challenges to the validity of legislation (Article 3_.3.2) ultra, 75, judicial, companies, 34 Court of Appeallocated only in _____ consists of president_ ordinary judgeschief j____ and preisden ex officiocases are heard by either _ or 1Appelate jurisdictioncivil:from ____ courtcriminalfrom c___ court, central c_____ court, s___ criminal cour dublin 9 justice, 3, high, circuit, criminal, special Supreme Normally in the four courts Dublin, C_ and L____consists of chief ______ ordinary judgespresident of ____ court ex officiocases are heard by _ or 5 judges, excepionally _must be at least 5 if c______ of law is challengedno j_____original jurisdictionappelatereference of a bill by president udner article 2_ of consituttionincapacity of ______ corck, limerick, jsutice, high, 3, 7, constitutionality, jurty, 26, rpesident "Supreme Court appelate jurisdictionhigh court and court of a____-""___ frog"" appeal (HC)involvrd a matter of general ______ importanceinterests of j___" appeal, leap, public, justice Special Criminal Court the court deals with criminal matters which the ordinary courts are ___ to secur the effective adminsitration of juste and preservation of __ and order (art 38.3.1)such as ____ crimesits with _ judges, no jury due to i______tionusually one judge from _C, one from _C, and one from _Cdeliverse ___ judgdement(s) inadequate, peace, organised, 3, intimidation, HC, CC, DC, 1 Administraive Law various Adjudicative established by governmen to deal with d____Administrative Tribunals: q____--judicial function-act as courts in relation to issues such as tax, social welfare and planning & developmentO_____ help to resolve issues between parties through various types of informal mediation. The L_____ CourtWorkplace R____- CommissionInvestigate matters of public concern dispues, quasi, ombudsmen, labour, relations European Courts The Court of J___ of the European UnionAppeal decisions related to ______ / application of EU lawThe European Court of h____ RightsECHR Act ____ - Irish law must be compatible with Convention Justice, intepretaion, human, 2003 Remedies and Civil Matters remedies: the judge will decide on which _____ is appropriatetypes of remediesD___I_______D_______S___ Performance Damages, injunctions, declaation, specific Damages monetary compensation place the injured person in the position he or she was in, before the legal wrong was committed. (as far as money can) (r____tuto in inte__m) pisition, before, resituto, integram S____ damages: ______losses (financial loss e.g. loss of earnings, including loss of future earnings) G_____ damages: non-______-(non-financial) losses (pain and suffering, loss of amenities (limb) and loss of expectation of life)Exemplary or p______ damages: punish the wrongdoer Special, pecuniary, general, pecuniary, punitive relating to or consisting of money. pecuniary An injunction is an order of the court that directs a person to __ something or to _____ from doing something / prevent some future actions (____ timet)p______ injunction m______ injunction do, refrain, quia, prohibitory, mandatory Specific Performance An injunction is an order of the court that directs a person to __ something or to _______ from doing something / prevent some future _____ (quia timet) _______ injunction (to not do)______ injunction (to do) do, refrain, actions, pohibitory, mandatory specific performance Have to show that damages would be an _____ remedy and no undue delay or other matter which might disentitle the applicant to the remedy insufficient Person seeks a court d_______ that a certain act is wrong (constitutional cases) E.g. that a law is incompatible with the c________ declaration, constitution contract law: an _____ is fundamentala contract must be clear and un________ offer, unambiguous Defining an offer: Is there a ________ to contract? Is it _____ what is being offered?Offer or must be c_____-. willingness, clear, committed Hoare v Allied Irish Banks Plc. Bank letter stated that defaulters would be shown “a level of ________ance” by the bank in relation to arrears.Not an o___.Merely suggested that the bank would help.Not clear or s___ in nature. forebearance, offer, specific The Carbolic Smoke Ball Company advertised that their product could prevent influenza. They promised a £100 reward to anyone who used the product as directed and still contracted influenza. Mrs. Carlill used the product as directed and contracted influenza, then claimed the reward. Defendant’s Arguments The advertisement was a mere “puff” and not a serious offer.It was an invitation to _____ , not an offer.An offer could not be made to the world at large.There was no ______ or consideration.Issue: Whether the advertisement constituted a _____ offer or was merely an invitation to ______. Held:The Court of Appeal ruled in ____ of Mrs. Carlill. The advertisement was deemed a uni______ offer. Mrs. Carlill’s use of the ________ as directed constituted acceptance. The deposit of £1000 in the bank showed the company’s ______ to be bound by the offer. Consideration was provided by Mrs. Carlill through her ________ in using the product123. treat, acceptance, binding, treat, favour, unilateral, product, intent, inconvenience Kennedy v. London Express Newspapers case: Facts:The defendants, London Express Newspapers, offered ___ accident insurance to their registered readers.The offer was advertised in their newspaper, which had circulation in the Irish Free State.The insurance scheme promised £___ to the legal representatives of any registered reader who died accidentally.Mrs. Kennedy, a registered reader, was accidentally killed by an omnibus in August 1930.Mr. Kennedy, her husband, claimed the £100 under the insurance scheme. Defendant’s Arguments:The insurance scheme was subject to certain conditions, including registration and receiving the newspaper daily.Any disputes were to be referred to arbitration, with an award being a condition precedent to liability.The defendants argued that the contract should be governed by English law and that arbitration should take place in London. Issue:Whether the conditions of the insurance scheme were met and if the arbitration clause was enforceable. Held:The court ruled in favor of Mr. Kennedy.The conditions of the insurance scheme were deemed to have been met by Mrs. Kennedy.The arbitration clause was not enforceable in this context, allowing Mr. Kennedy to claim the insurance amount123 free, 100, Quotations ____ ______ an offer and cannot be accepted QUOTATIONS _____ _______ AN OFFER CANNOT BE ACCEPTED are not invitation to Treat: An expression of ____ to negotiate or invite offers. It does not intend to be _______ as soon as it is accepted by the person to whom it is addressed willingness, binding invitation to treat Merely ______ offers from anyone passing by Customer makes _____ - can be accepted or rejected Examples _____ window A____ Ad_______ An invitation to treat is not a binding offer. It is a ______ step in the negotiation process, inviting others to make offers that can then be accepted or rejected. vinting, offer, store, auction, advertisement, binding, preliminary Pharmaceutical Society v. Boots Cash Chemists case:A customer bringing a product to the till does not constitute _______. The display of goods in a store is considered an invitation to _____. The customer is making an offer to ____ the product. No sale is completed until the store accepts the offer by _________ money from the customer. The transaction is supervised by a pharmacist, especially for the sale of restricted medicines. acceptance, treat, buy, receiving, The _______ man test is a legal standard used to determine if a person’s actions were negligent by comparing them to what a hypothetical “reasonable person” would have done in similar circumstances. Here are the key points: reasonable Auctions Announcing an audition is not _____ the goods for sale Harris v Nickerson Certain furniture advertised to be auctioned Plaintiff travelled to auction but furniture withdraw Not entitled to damage for loss of time and expenses offering, Termination of an offer R_______C______ offer R_________ _____ of time Death or incapacity Once an offer is rejected it no longer _____ Rejected cannot _____ their mind Counter offer = brand ___ offer rejection, counter , revocation, lapse , exists, change, new Revocation Can be done any time before ______ Must show offered knows that the subject matter is no longer ______ Dickinson’s VA Dodds Dodds offered to sell _____ to Dickinson Offer valid until Friday. On Thursday, Dickinson handed do as an acceptance letter Held There was an offer continuing up to the time of the acceptance. If there was not such a continuing offer, then the acceptance comes to nothing Friend: rumour not enough. Communication from offer or needed acceptance, available, house, Counter offer Destroys original offer Counter offeror cannot subsequently accept ____ offer original Lapse of time If stipulated that immediate acceptance is _________. Nothing less will do Offers outside a specified time period= _________ A purchases who does not accepted a contracted as proffered runs the risk that his counter offer will not be __________ A purchases who ignores a time limit for accepting an offer runs the risk that the offer will __________ Offers must be accepted within a _________ amount of time What is a ________ time is a question of fact depending on circumstances if each particular case A commodity which is perishable or fluctuates in value will have a shorter time required, invalid, accepted, lapse, reasonable Invitation to treat is ___ an offer not acceptance is the f___ and unequivocal expression of a_____ to all terms of an offer final agreement aknowleding recript does not equal _____ acceptance two parts of communciation f____ of acceptancec___ of acceptance fact, communication acceptance can take place via p____- performance Billings v Arnott case: Unilateral Offer: Arnott’s offer to pay ___ salaries to employees who joined the ____ Forces was a unilateral offer. Acceptance by Performance: The contract became binding once the employees began the ______ of the specified act (joining the Defence Forces). No Need for Further Communication: The act of joining the Defence Forces constituted a_____ , so no further communication of acceptance was necessary. Binding Contract: The performance of the act ensured that the offeror (Arnott) could not _______ the offer once the offeree (employees) had begun the performance. Certainty and Protection: This principle provided c____ and protection to the offerees who relied on the offer. half, defence, performance, acceptance, revoke, certainty acceptance by performance and intentionA person may be bound by his conduct if o_____ speaking the person conducts himself or herself in such a way that the conduct would indicate TO A r_____ person that he or she intends to mound s______ intent will not do objectivley, reasonable, subjective Anglia Television Ltd v Reed. Anglia Television made a clear ____ to Robert Reed to star in their television play, which Reed accepted. Reed’s initial agreement to the terms and his subsequent ____ (or lack thereof) were seen as ______ of the offer. However, his later repudiation led to the _____ of contract. In Anglia Television Ltd v Reed, the court held that Anglia Television could recover their wasted expenditure incurred both before and after the contract was made, as these costs were reasonably foreseeable by both parties as likely to be wasted if the contract was broken offer, actions, acceptance, breach, ______ Offer: Definition: An offer that is clear, definite, and leaves no room for ambiguity. unequivocal s________ c_____ by Way of Acceptance:Definition: Actions taken by the offeree that clearly indicate acceptance of the offer. subsequent conduct Performance If both parties act as if a _____ exists, the court will seek to findone to be in ________ contract, existence, Waters v Welsh Development Agency case:Failure to Reply: The plaintiff (P) did not _____ to the defendant’s (Welsh Development Agency) letter containing an offer.Performance Under Terms: Instead, P began to _____ under the terms of the offer by occupying the premises.Implied Contract: If both parties ___ as if a contract exists, the court will seek to ___ one to be in existence.Non-Prescribed Method of Acceptance: Entry into the premises was not the prescribed method of ________ acceptance.Conduct as Offer: By their conduct, P was offering a contract, not relying on an earlier letter written by the _______.Acquiescence as Acceptance: The defendants, by their acquiescence, were held to have ______ this offer. reply, perfrom, act, find, communicating, defendants, accepted THERE MUST BE A _____ BETWEEN ACTION AND AN OFFER- CANNOT ______ ACCEPT OFFER IF YOU WERE NOT ____ OF THE OFFER IN THE FIRST PLACE. THE OFFER CAUSED ME TO TAKE _____ , DO THIS ETC. link, ignorantly, aware, action Here are the key points from the R v Clarke case:Felon Arrested for Murder: Clarke was arrested in connection with a murder.Public Reward: A reward was publicly offered for information leading to the arrest and conviction of the murderer.Ignorance of Reward: Clarke provided information about the murder while ___________ of the reward.Not Entitled to Reward: Because Clarke was unaware of the reward when he provided the information, he was not entitled to claim it unaware counter offerAnything which is not the ______ and ______acceptance of the exact terms of the offer will constitute a c__-o_______This may be accepted or rejected by the original offerorORDINARLY A COMMUNCIATION IN THE COURSE OF negotiations leading to a contract which contains conditions not previously agreed by the piety to whom the communication is addressed will fail to be treated a as new or counter offer rather than acceptance clear, unequivocal, counter offer, Seeking ______ or additional _________ is not a counter-offer. Stevenson v McLean (1880):Asking whether delivery might take place over a period of four months was held not to be a rejection of the original _____.It was considered merely an ______.The court ruled that:There was no specific offer or rejection.It was a mere inquiry that should have been answered, not treated as a rejection of the offer.Key takeaway:A mere ______ about the terms of an offer does not amount to a counter-offer or rejection.The _____- offer remains open and can still be accepted. clarification, information, offer, inquiry, original General PropositionWhen an offer is made, it is unnecessary for a binding contract that the acceptance should be ____ , unless specified by the offeror. notified Butler Machine Tool Co v Ex-Cell-O Corporation Initial Offer:The sellers, Butler Machine Tool Co, quoted a price of £75,525 for a machine tool, including a price variation clause. Counter-Offer:The buyers, Ex-Cell-O Corporation, responded with their ___ terms, which did ___ include the price variation clause. This response was considered a ___ -offer. Acceptance:The sellers signed and returned the buyers’ terms, effectively accepting the counter-offer. Court’s Decision:The court had to determine which terms governed the contract. It concluded that the buyers’ terms prevailed because the sellers’ acceptance of those terms constituted the final agreement. This case highlights how courts handle situations where each party’s standard terms conflict, emphasizing the importance of clear communication and agreement on contract terms. own, not, counter, accepting, Communication: silence Silence will not normally amount to acceptance If I hear no more for u I wilt takeyou accept my offer The offeror cannot impose _____ as a form of acceptance Russel and Baird V Hoban silence 3 exceptions to silence: ___ parties agree that silence will constitute acceptance:Re Selectmove Ltd (1995):In this case, it was established that if both parties agree that silence will constitute acceptance, then it can be considered valid. Past dealings between parties imply a legitimate _____ that silence equals acceptance:If there is a history of transactions between the parties where silence has been treated as acceptance, it can create a legitimate expectation that silence will be considered acceptance in future dealings. Rust v Abbey Life Assurance Co Ltd (1979):In this case, the plaintiff, Mrs. Rust, attempted to deny accepting a policy after keeping it for seven months, arguing that it was not properly explained to her. The court held that by keeping the policy for such a long period without ______, she had accepted it both, expectation, objection Silence can constitute acceptance where the contract involves a service by which its nature cannot be ____ once given Consider _______ fixes a broken-down car, the driver remains silent and later refuses to pay returned, mechanic Adams v Lindsell (1818):Initial Offer:The defendants (D) wrote offering to sell some fleeces of wool to the plaintiffs (P), asking for a reply “in course of ___.”Misdirected Letter:The letter containing the offer was misdirected and arrived ___.Immediate Acceptance:When the letter did arrive, the plaintiffs posted an immediate a________.Sale to Third Party:However, when no reply was received by the expected time, the defendants sold the wool to a _____ party.Court’s Decision:The court held that a valid acceptance had been made when the plaintiffs posted their reply, leaving the defendants in breach of contract post, late, acceptance, third postal rule in contract law posted, received states that acceptance is effective when the acceptance letter is ____, not when it is _____. posted, received Justifications for postal rule: Historical Practice:Formerly, the practice of recording the date of issue of letters in office ledgers indicated that the letter had at least been _____.Today, _____tracking of mail by courier companies provides the same function. Reliability for the Offeree:If the postal rule did not apply, the offeree could not rely on their first act of ____ before safely assuming that a contract had been formed.The offeree would have to contact the offeror to ensure that their letter had actually arrived. Offeror’s Protection:It is always open to the offeror to expressly stipulate that acceptance must be ______ to be effective.This protects the offeror from the risks of an inefficient postal service. posted, electronic, acceptance, received Entores v. Miles Far East Corporation: Parties Involved:Entores Ltd. (based in London)Miles Far East Corporation (based in Amsterdam) Offer and Acceptance:Entores sent an offer via ___ex to purchase 100 tons of copper cathodes.Miles Far East Corporation ____ the offer via Telex. Issue:The contract was not fulfilled, leading Entores to ___ for damages. Court’s Decision:The contract and damages were to be decided under English law.The postal rule did not apply to instantaneous communications like Telex.Acceptance was considered ______ when the Telex message was received, not when it was sent. telex, accepted, sue, effective Email is received once the party to whom it was addressed is able to ______ it (i.e. arrives in their inbox). access estoppel: a promise made in the absence of _____ is not a contract, thus, the promise cannot enforce the promise under _____ law consideration, contract ___ is the most common method of enforcing promises made outside of contracts estoppel two kinds of esstopel p_____p______ promisory, proprietary The basis of promissory estoppel is that where a p______ is made in circumstances where the person who makes it knows it is going to be r_____ on by the promisee and it is in fact relied on by the promisee, then the promisor will not be permitted to r_____ from his promise.” promise, relied, resile Proprietary estoppel, as the name suggests, relates to the assertion of ___- rights. Usually _____ cases property, land Estoppel focuses on the circumstances which gave rise to the ____. ___- is irrelevant. Note: “equitable estoppel does not elevate non-contractual promises to the level of contractual promises and the doctrine of consideration is not blown away by a side-wind.” [Waltons Stores v Maher] detriment, consideration, if a contract exists, then damages for the full loss may be r__. If on equitable grounds, then damages will generally only amount to ‘losses incurred as a result of the _____ ’. I.e. a ___ amount than under contract law. recoverable, promise, lesser Estoppel: This focuses on the situation that caused someone harm, ignoring whether there was a formal ________.Equitable Estoppel: It doesn’t treat informal promises as if they were _______ contracts. This was explained in the case Waltons Stores v Maher.Breach: If there’s a contract, you can claim _____ damages. If it’s based on equity (fairness), you can only claim the losses directly caused by the ______ promise, which is usually less. agreement, formal, full, broken """When parties to a contract enter into a course of __________ which has the effect of leading one of the parties to suppose that the strict __________ arising under the contract will not be enforced, or will be kept in suspense, the person who might otherwise have enforced those rights will not be allowed to enforce them where it would be __________ having regard to the dealings which have taken place between the parties.” [Truck and Machinery Sales v Marubeni]" negotiations, rights, inequitable Central London Property Trust v High Trees Property: High Trees House was a block of flats subject to a 99-year lease at £__________/annum.Context: After the outbreak of __________, it was difficult to let the flats.Agreement: One tenant agreed to pay __________ the rent while war-time conditions continued.Post-War: After the war, the receiver of the landlord sought to recover the __________.Contractual Right: Strictly, under the contract, the landlord was entitled to __________ rent.Principle: “A promise intended to be __________, intended to be acted on, and in fact acted on, is binding so far as its terms properly apply.”Application in Ireland: High Trees was relied upon in Ireland in __________ v Kelly.Belief: The applicant believed they were entitled to a place on a __________ course in UCD.Transfer: As a transferee from __________, she believed that her application had been successfully processed by the defendant and that she had been given a right to defer taking up her place for one academic year.Action: Held: such assurances had been given and she acted upon these assurances by part paying her __________.Doctrine: __________ estoppel applied. High Trees, 2500, WWII, half, arrears, full, binding, Kenny, BA, TCD, fees, Promissory limitation of promissory estoppel: coombe v coombe There must be a pre-existing ____ relationship between the parties.Estoppel can only be used as a ______ and not as a sword (i.e. estoppel cannot confer upon the party pleading it a right where none ____ before). legal, shiled, existed KEY ELEMENTS PROMISSORY ESTOPPEL McDermott- cited with approval by the Irish HC in The Barge Inn Ltd v Quinn Hospitality Ireland Operations 3 Ltd. Pre-existing ______ relationship between the parties.An ______ representation.Reliance by the rep________ (and, possibly, d_______).Some element of un_______ or unconscionability.The estoppel is being used not as a cause of action, but either as a ______ or to stop the other party raising a defence.The remedy is a matter for the ______. legal, unambiguous, representee , detriment, unfariness, defence, court promissory estoppel As an equitable _____ , promissory estoppel is at the court’s discretion. There is a lack of certainty around key principles. Does the reliance have to be _____ ?Is there a need for a pre-_____ relationship? Eroding the status of _____ ? Consider the above as you work your way through the recommended readings.Remember: Estoppel _______ contractual rights. It does not permanently extinguish them. [Hughes v Metropolitan Railway] remedy, detrimental, existing, consideratiion, suspends Properietary Estoppel ______ is established where the representation would influence the judgment or ______ of a reasonable person. [Brinkibon v Carr]There must be a link between the _____ made and the detrimental act.The promise need not be the sole inducement, just an inducement of some sort. reliance, actions, promise, Proprietary Detriment is usually shown where P has spent money on another’s ___.“The detriment need not consist of the _____ of money or other quantifiable financial detriment, so long as it is something substantial.” So, _____ would count. E.g. working on a farm under the impression you would _______ it. [Gillett v Holt] land, expenditure, labour, inherit proprietary Unlike promissory estoppel, it is clear that proprietary estoppel may be a _____of action. It is commonly supposed that estoppel is not itself a cause of action. But that is because there are estoppels and estoppels. Some do give rise to a cause of action. Some do not. In the species of estoppel called proprietary estoppel, it does give rise to a cause of action … The new rights and interests, so created by estoppel, in or over land, will be protected by the courts and in this way give rise to a cause of action.” [Crabb v Arun] cause, consideration: the price one pays for _______it makes an agreement ______however it is not essential to making an agreement binding. Laws such as E____ or ____ expectation differ promise, bidning, estoppel, legitimate Consideration is not a feature of contract law in ____ jurisdictions civil A contract may be made enforceable if concluded ‘u___ s_______’.A seal may be affixed to a contract by placing a red sticker on the paper or simply drawing a circle with ‘LS’ (l______ s________) stamped on it.The deed then takes effect upon _______ Consider making a seal with a _____ ring- demonstrates an intention to be bound by the commercial agreement. Rarely used. Deeds under seal mainly for l_____ conveyancing. F___: It should be abolished. under seal, red, loco sigilli, delivery, signet, land, friel """Where a contract is executed “under seal” it is not necessary to establish the existence of ____--.” [ McDonnell v Ring ]" consideration consideration An ___ or forbearance of the one party, or the ______ thereof, is the ____ for which the promise of the other is bought, and the promise thus given for value is e______ act, promise, price, enforceable Consideration distinguishes e_______ from non-e____ promises. enforceable, enforceable Nestlé offered to sell records at a discounted price to anyone who sent in ____ chocolate bar wrappers along with a small monetary payment. The issue was whether the chocolate wrappers, which had no intrinsic economic value, could be considered valid ______ for the contract. The House of Lords held that the wrappers did ____ part of the consideration, emphasizing that consideration need not have ______ value as long as it is something of ____ in the eyes of the law. 3, consideration, form, economic, value Consideration must be something which the courts can recognise as having some value. Natural love and affection ≠ _____ - Re WilsonPrayers ≠ consideration - O’Neill v MurphyBuilder agreed to work in exchange for daily ______.He valued prayers, but the ____ clearly did not.McDermott is critical of the court’s finding. consideration, prayers, court PUBLIC DUTY This is not valid consideration, unless it goes _____ what was expected of the individual.They must be ‘___ ’ to go above and beyond their pre-existing _____. Glasbrook v Glamorgan: coal mine owner sought additional police protection for mining equipment during a miners’ strike.Providing ‘______’ protection was valid consideration. beyond, paid, duties, additional Section __ of the Garda Síochána Act 200_ deals with the provision of police services for certain events. This section allows the Garda Commissioner to provide police services for events such as sports, concerts, or other public gatherings, and to ___ for these services. 30, 2005, charge Stilk v Myrick case: (in court of ______ bench)Facts:Stilk was a seaman contracted to work on a ship for £5 per month. During the voyage, two crew members deserted. The captain promised the remaining crew members the ______ of the deserters if they _____ the voyage and performed the ______ duties. Upon returning to London, the captain _____ to pay the extra wages.Issue: Whether the promise of extra payment was enforceable given that the crew was already c_______ obligated to complete the voyage.Decision:The court held that the promise of extra payment was not e________.The crew had not provided any new c________ for the additional payment; they were merely fulfilling their ______ contractual duties.Significance:The case established that performing an existing contractual duty is not valid consideration for a new p_____-. wages, continued, additional, refused, contractually, enforceable, consideration, existing, promise Kenny v An Post (1988) (_____ Court of Ireland) Facts: Prior to 1970, employees could take breaks as ____ during overtime hours. In 1970, a __-minute scheduled break was introduced by agreement between the employer’s superintendent and the employees’ union representative. In 1983, An Post decided to discontinue the 15-minute break without _______ the employees. Issue: Whether the discontinuation of the 15-minute break constituted a breach of contract and whether the break was a contractual term. Decision: The court held that the 15-minute break was an _____ to work practice, not a new contractual term. The superintendent did not have the _____ to alter the terms of the employees’ contracts. There was no consideration for the _____ of the new break. Significance: The case highlights the importance of authority and _________ in modifying contract terms. It underscores that changes to work practices do not necessarily alter contractual obligations unless properly authorized and supported by consideration. needed, 15, consulting, adjustment, authority, introduction, consideration Williams v Roffey Bros & Nicholls (Contractors) Ltd (1991) Court: Court of ______Facts:Roffey Bros was contracted to refurbish 27 flats.They subcontracted carpentry work to Williams.Williams fell behind schedule, and Roffey Bros faced a ______ for late completion.Roffey Bros promised Williams extra _______ to complete the work on time.Williams continued working but did not receive the ______ extra payment and sued.Issue: Whether the promise of extra payment was enforceable given that Williams was already contractually obligated to complete the work.Decision:The Court of Appeal held that the promise of extra payment ___ enforceable.The court found that Roffey Bros obtained a “p________ b_______-” from Williams’ continued work, which constituted valid consideration.The decision relaxed the strict rule in Stilk v Myrick that performing an existing duty cannot be good consideration. appeal, penalty, payment, promised, was, practical, benefit, WILLIAMS V ROFFEY BROYS & NICHOLLS Relaxation of Stilk v Myrick: The case marked a departure from the rigid application of the rule in Stilk v Myrick, allowing for practical ______ to be considered valid consideration.Practical Benefit: Introduced the concept that a practical benefit to the promisor, such as _______ a penalty or ensuring timely completion, can constitute good ______.Contract Variations: Provided a more flexible approach to contract variations, recognizing that parties may need to adjust terms to reflect changing circumstances.Economic Duress: Emphasized that the promise must not be given under duress or fraud for it to be enforceable. This case is significant because it introduced a more pragmatic approach to consideration in contract law, allowing for greater flexibility in commercial agreements123. benefits, avoiding, consideration, Fitzsimons v Value Homes Ltd (2006) Facts:The case involved a contract between Ms. Fitzsimons and Value Homes for the building and sale of affordable housing.Value Homes failed to complete the building within the agreed time frame.A variation agreement was made to extend the completion _____ and increase the purchase _____.Value Homes still failed to meet the new deadline and sought further variations.Ms. Fitzsimons sought _______ performance of the contract.Issue: Whether Ms. Fitzsimons was entitled to specific performance despite the variations and delays.Decision:The court granted specific performance, requiring Value Homes to complete the building and sale as per the ____--agreement, subject to any necessary abatements.Significance:The case underscores the importance of adhering to contractual obligations and the potential for specific performance as a remedy.It highlights that variations to a contract must be supported by valid consideration and not be made under duress. date, price, specific, original, Fitzsimons v Value Homes Ltd is important in the context of relaxing the strict rule in Stilk v Myrick for several reasons: Recognition of ______ Benefit flexibility in contract ______ emphasis on equity and _______ absence of d______ practical, varaions, fairness, duress Past consideration: Past consideration is an act or benefit that has already been provided _____ the promise in question was made.Insufficiency: It is generally not sufficient to enforce a contract because it was not given in exchange for the promise. The consideration must be contem_______(synchronous) with the promise.Example: If someone promises to pay you for a favor you did last week, that favor is past consideration and does not constitute valid consideration for the new promise.Legal Principle: For a contract to be enforceable, there must be a mutual exchange of value (consideration) at the time the promise is made. before, contemporaneous Past consideration in Irish law is something given or done before a promise is made and is not valid for enforcing a new promise. It means the c________ must be given at the time of the agreement, not ______. consideration, before Roscorla v Thomas (1842) Facts:Roscorla purchased a horse from Thomas.After the sale, Thomas promised that the h_____ was “sound and free from ______.”The horse turned out to be vicious, and Roscorla sued for b_______ of this promise.Issue: Whether the promise about the horse’s soundness, made after the sale, was enforceable.Decision:The court held that the promise was not enforceable.The promise was made ____ the sale and was not supported by new consideration.The consideration for the sale (the purchase p_____ ) was ___ consideration and could not support the new promise. horse, vice, breach, after, price, past Lampleigh v Braithwaite (1615)- Exception to the rule of past considerationFacts:Braithwaite was convicted of murder and asked Lampleigh to secure a royal pardon for him.Lampleigh undertook significant efforts and expenses to obtain the pardon.After Lampleigh succeeded, Braithwaite promised to pay him £100 for his efforts.Braithwaite later refused to pay, and Lampleigh sued.Issue: Whether Lampleigh’s actions, performed before Braithwaite’s promise, constituted valid consideration.Decision:The court held that the promise was e________.Although the consideration was past, it was provided at Braithwaite’s request and with an ______ promise of payment.Significance:Exception to Past Consideration: The case established that if an act is done at the request of the promisor and there is an implied understanding of _____ , it can be valid ____.Implied Promise: The court recognized that the initial request by Braithwaite implied a promise to pay, making the subsequent promise enforceable.Single Transaction: The court viewed the request and the subsequent promise as part of a _______ transaction, thus validating the consideration. enforceable, implied, payment, consideration , single Pao On v Lau Yiu Long (1980) Facts:The plaintiffs (Pao On) owned shares in a private company and agreed to sell them to the defendants (Lau Yiu Long).To prevent a drop in share value, Pao On agreed not to sell a portion of the shares for a year.Later, Pao On sought an indemnity agreement to protect against any drop in share value.Lau Yiu Long agreed to this indemnity under the pressure of completing the main contract.When the share value dropped, Pao On sought to enforce the indemnity agreement.Issue: Whether the indemnity agreement was enforceable given the claims of past consideration and economic duress.Decision:The Privy Council held that the indemnity agreement was ________.The court applied the exception to past consideration from Lampleigh v Braithwaite, stating that an act done at the promisor’s _______ with an understanding of future payment can be valid _______-.The court found no economic duress, as Lau Yiu Long had ____ advice and other options available. enforceable, request, considetaion, legal significance of chink lawsuit Significance:Exception to Past Consideration: Reinforced the principle that past consideration can be valid if it was done at the promisor’s _______ and with an implied _____ of payment.Economic Duress: Clarified the criteria for economic duress, emphasizing the need for protest, lack of alternatives, independent advice, and steps to avoid the agreement.Practical Benefit: Supported the idea that practical _____-can constitute valid _________ , aligning with the principles in Williams v Roffey Bros. request, promise, benefit, consideration McCoubray v Thompson (1868) Facts:A landowner wished to _____ his property in ____ shares to the plaintiff (McCoubray) and the defendant (Thompson).Thompson wanted the entire property, and McCoubray agreed to this provided he was paid a sum of money.The landowner agreed to transfer the land to Thompson on the condition that Thompson would pay McCoubray.After the transfer, Thompson ______ to pay McCoubray.Issue: Whether McCoubray could enforce the promise made by Thompson to pay him, despite not being a direct party to the agreement between the landowner and Thompson.Decision:The court held that McCoubray could not ______ the promise.The decision was based on the principle of privity of contract, which states that only _____ to a contract can sue to enforce it.Significance:The case reinforces the doctrine of p___ of contract, emphasizing that a third party cannot enforce a contract to which they are ___ a party.It highlights the limitations of third-party rights in contract law, which can only be circumvented under specific exceptions like trusts or agency. transfer, equal, refused, enforce, parties, privity, not A promise to forebear from doing something at the request of someone else can amount to sufficient _______-- consideration Forbearance is the act of ______ from enforcing a legal right.Consideration: It can be considered good consideration if one party agrees to forbear from doing something they are legally ____ to do, at the request of the other party. refraining, entitled Hamer v Sidway (1891) -Forbearance as valid considerationFacts:William E. Story Sr. (the uncle) promised his nephew, William E. Story II, $5,000 if he refrained from drinking, smoking, swearing, and gambling until he turned 21.The nephew fulfilled his promise and informed his uncle.The uncle acknowledged the promise but stated he would hold the money until the nephew was “capable of taking care of it.”The uncle died without paying the money, and Hamer, to whom the nephew had assigned the claim, sued the executor of the uncle’s estate, Sidway.Issue: Whether the nephew’s forbearance from legal activities constituted valid consideration to enforce the uncle’s promise.Decision:The court held that the nephew’s forbearance was valid ________-.The court reasoned that forbearance of a legal ___ at the request of another _____ is sufficient consideration for a promise.Significance:The case established that forbearance from legal rights can constitute valid _______.It reinforced the principle that consideration does not require a benefit to the promisor, but can be a detriment to the promisee. consideration, right, party, consideration Pinnel’s Case (1602) Facts:If a liquidated debt (a fixed and known amount) is owed by X to Y, a promise by Y to accept a lesser sum in full satisfaction of the whole debt will not _____ Y.Y can sue X for the balance of the debt.Application:This rule applies to liquidated debts, meaning debts where the amount is certain and _____ upon.The rule does not apply to unliquidated debts, where the amount is not ______ or is disputed.Exceptions:If there is some new consideration provided, such as paying the lesser amount earlier than due, or in a different form (e.g., goods instead of money), the promise to accept less may be binding.The doctrine of _______ estoppel can also prevent Y from going back on the promise if X has relied on it to their detriment. bind, agreed, fixed, promissory Couldery v Bartrum (1881)Court: Court of AppealLegal Principle: Satisfaction of debtFacts:A creditor can accept _____ in satisfaction of a debt except a ____ amount of money.Statement: Sir George Jessel MR stated, “According to English common law a creditor might accept anything in satisfaction of his debt except a less amount of money.”Significance:Reinforces the rule in Pinnel’s Case.Highlights the peculiar rule that part payment of a debt is not sufficient to discharge the ____ debt unless there is ____ consideration.Emphasizes that goods or services can be accepted in full satisfaction of a debt, but a _______ sum of money cannot. anything, lesser, entire, new, lesser in the abscense of _______ __________ _________ ________, agreements are unenforcable iclr intention to create legal relations ‘A proposal cannot properly be regarded as an offer unless it indicates an intention to undertake a ______ obligation if its terms are accepted and the requested consideration is furnished by the offeree. Thus a proposal in which the maker indicates, e________ or impliedly, that he does not ______ to undertake a legal obligation cannot properly be regarded as an offer. Similarly, if an offer is made and the offeree responds agreeing to the terms of the offer but indicating that he does not intend to create a legal relationship, the offeree’s response cannot properly be regarded as an acceptance of the offer.’ legal, expressly, intend, if someone discusses terms of a contract but indicates that he does not have ICLR, the responses cannot be regarded as _____ of the offer acceptance BOWERMAN VS ABTA Key Facts:School skiing trip organized by a travel operator, a member of ABTA.Travel operator became insolvent.ABTA displayed a ______ in the travel agent’s office.Legal Issue: Whether the ABTA notice created a contractual obligation between ABTA and the clients.Decision:The Court of Appeal held that the ABTA notice created a _______.ABTA was obligated to _________ clients for losses due to the travel operator’s insolvency.Significance:Reinforced the idea that such notices can constitute a unilateral offer.Established that legal relations are created when the public accepts the offer. notice, contract, reimburse O'KEEFE v RYANAIRKey Facts:Jane O’Keefe was Ryanair’s millionth passenger.She was promised free air travel for life for herself and a companion.O’Keefe consented to participate in promotional events for Ryanair.Legal Issue: Whether the promise of free air travel was a mere gift or a binding contract.Decision:The court held that the promise constituted a binding _____ , not a mere gift.O’Keefe’s participation in promotional activities provided sufficient ______ for the contract.Ryanair was found to be in breach of this contract.Significance:The case reinforced that promotional promises can create binding contracts if there is clear _______ to create legal relations (ICLR).The burden of proving no legal effect lies heavily on the party asserting it. contract, consideration, intention in famuly agreements there is a presumed absence of ____ ___ ____ _____ intention to create legal relations Balfour v BalfourKey Facts:Mr. Balfour, a civil engineer, promised to pay his wife £30 per month while they were living apart due to her health issues.Mrs. Balfour stayed in England on medical advice, while Mr. Balfour returned to Ceylon (now Sri Lanka).The relationship deteriorated, and Mrs. Balfour sued for the allowance.Legal Issue: Whether the husband’s promise to pay the allowance constituted a legally enforceable contract.Decision:The Court of Appeal held that the agreement was not ______ enforceable.It was deemed a domestic arrangement without the intention to create legal relations (_____).Significance:Established the principle that agreements between spouses are generally presumed not to have ICLR.Highlighted the importance of ___ in determining the enforceability of agreements. legally, ICLR, INTENTION Common Law and Spousal Agreements Common Law Stance:Does not regulate the form of agreements between ______.Promises are not formalized with _____ or sealing wax.Consideration is based on natural ____ and affection, which is not highly ______in courts.Each household is seen as a _____ domain, beyond the reach of the King’s writ and officers. Recent Developments:Increasing recognition of an Intention to Create Legal Relations (ICLR), especially in cases of s________ or contemplation of separation. spouses, seals, love, valued, private, separation Balfour v Balfour Principle:This case established that agreements between spouses made while they are living together ______ are generally not legally enforceable because they are presumed to lack an Intention to Create Legal Relations (ICLR). Clarke’s Statement:Clarke points out that if spouses are not living together amicably, any agreement they make falls outside the scope of Balfour v Balfour. This means such agreements can be _____ enforceable, which is crucial for separation agreements. Presumption Against ICLR:In close personal relationships, there is a presumption that agreements are not intended to be legally binding. However, this presumption can be _____ (overturned) more easily if the relationship is less close. Business-like Relationship:When the relationship between the parties is more _______-like, it is easier to establish that there was an intention to create legal relations. This means that agreements are more likely to be considered legally binding amicably, legally, rebutted, business Keogh v Gibbons Case Summary: Facts:P (Plaintiff) and D (Defendant) lived together for several years.P gave money to D based on an agreement that D would finish constructing a house and repay the money from the profit.The relationship ended, and P wanted the money returned.D argued that there was no Intention to Create Legal Relations (ICLR). Held:The court held that a contract was formed. Despite the personal relationship, the agreement had a clear ________-like nature, indicating an intention to create legal relations. business Parent and ChildGenerally no ICLR‘If a father promises to pay his son an allowance while he attends university, that without more would ordinarily be construed as creating a m______ o______-- only.’ [Fleming v Beevers] ICLR, moral obligation Jones v Padavatton Facts:A mother, Mrs. Violet Lalgee Jones, agreed with her daughter, Mrs. Ruby Padavatton, that if she gave up her job at the Indian embassy in Washington DC and studied for the bar in England, the mother would provide maintenance.The mother initially gave monthly payments and later bought a house in London for the daughter to live in while she studied.The relationship soured, and the mother sought possession of the house.The daughter argued that there was a binding contract allowing her to stay. Held:The Court of Appeal held that there was no binding contract.The court emphasized that _____ agreements, especially within family relationships, are presumed not to be legally binding unless there is clear evidence of an ______ to create legal relations (ICLR).The lack of _______ and the nature of the agreement indicated that there was no such intention, and the mother was entitled to possession of the house12. domestic, intention, formality NO ICLR - PADAVATTON This question has to be solved by applying what is sometimes (although perhaps unfortunately) called an ____ test. The court has to consider what the parties said and wrote in the light of all the surrounding ________ , and then decide whether the true inference is that the ordinary men and women, speaking or writing thus in such circumstances, would have intended to create a legally binding agreement.’ objective, circumstances Zecevic v The Russian Orthodox Christ the Saviour Cathedral Case Summary: Facts:A priest from the Russian Orthodox Christ the Saviour Cathedral was sued for failing to perform a funeral service.The priest argued that it was traditional and expected that a funeral would result in a payment to him or the church. Held:The court had to determine whether there was an Intention to Create ______ Relations (ICLR) in this context.The court found that religious arrangements, such as the one in this case, are generally not intended to create legal relations. ____ matters are typically not regarded as being subject to the law of contract1. money was never discussed = no ____- legal, spiritual, ICLR McDermott and McDermott: “If a fee and the nature of the service are clearly ____ in advance, is there any reason why a contractual remedy should not lie if the contract is not _____ or is incompletely or inadequately performed?” agreed, performed Tolan v Connaught Gold “In the case of ordinary c_______ transactions it is not normally necessary to prove that the parties to an express agreement in fact i______ to create legal relations. The onus of proving that there was no such intention “is on the party who asserts that no legal effect is intended, and the onus is a heavy one”. In deciding whether the onus has been discharged, the courts will be influenced by the importance of the ________ to the parties, and by the fact that one of them acted in _____ on it.” commercial, intended, agreement, reliance Blue v Ashley :Context: Informal discussion in a pub between Jeffrey Blue (P) and Mike Ashley (D), owner of Sports Direct.Alleged Agreement: Ashley promised to pay Blue £15 million if Blue could get the share price of Sports Direct to rise from £4 to £8.Response: Blue expressed agreement to the proposal, and everyone laughed.Outcome: Thirteen months later, the share price reached £8.Legal Action: Blue sought to enforce the alleged agreement.Court Ruling: The High Court ruled there was no ________ contract.Reasoning: The ________- setting, jocular nature of the conversation, and context indicated that no reasonable person would have understood Ashley’s statement as a ______ offer capable of creating a legally binding contract. binding, informal, serious BLUE v ASHLEY They all thought it was a ____. The fact that Mr Blue has since convinced himself that the offer was a ____ one, and that a legally binding agreement was made, shows only that the human capacity for wishful thinking knows few bounds joke, serious, An exclusion of liability clause in contract law is a provision that aims to limit or exclude one party’s liability for certain ____or failures under the contract. These clauses are commonly used to manage and allocate risk between contracting parties. breaches Total Exclusion Clauses: _____ exclude liability for certain breaches.Limitation Clauses: Limit the ___ or type of damages that can be claimed. completely, amount ROSE AND FRANK v CROMPTON Background: Rose and Frank Co, an American company, entered into a sole agency agreement with JR Crompton & Bros Ltd, an English company, in 1913. The agreement included a clause stating it was not a formal or legal agreement but an “honourable pledge” between business partners. Dispute: The relationship broke down, and JR Crompton refused to _____ orders placed by Rose and Frank Co, arguing that the 1913 agreement was not legally binding. Legal Issue: Whether the 1913 agreement constituted a legally binding contract and whether the orders placed constituted enforceable contracts of sale. Court Rulings: High Court: Initially ruled that the agreement was not legally binding due to the “_____ pledge” clause. Court of Appeal: Upheld the High Court’s decision, emphasizing that parties can form agreements that do not give rise to legal relations if ____ stated. House of Lords: Confirmed that the 1913 agreement was not legally binding but held that individual orders placed and accepted constituted enforceable contracts. Significance: Intention to Create Legal Relations: The case highlights the importance of the parties’ intention to create legal relations in determining the enforceability of agreements. It demonstrates that explicit clauses can negate the presumption of legal intent in commercial agreements. fulfil, honourable, explicitly An “honourable pledge” is a term used in contract law to indicate that the parties involved do not intend for their agreement to be ______ binding. Instead, they rely on mutual _______ and honor to fulfill the terms of the agreement. This type of clause is often included to explicitly state that the agreement is based on good ___ rather than enforceable legal obligation legally, trustfaith A Letter of Comfort (also known as a letter of i____ or s______ opinion) is a document that provides a level of assurance that an obligation will ultimately be met. However, it is typically not ______ binding and is often used to create a _____ obligation rather than a legal one. intent, solvency, legally, moral letters of comfort are designed to reflect the ____ state of negotiations, not as a promise as to future conduct current Kleintwort Benson v Malaysia Mining Corp Background: Kleinwort Benson Ltd, a merchant bank, provided a loan to Malaysia Mining Corporation’s (MMC) subsidiary, MMC Metals Ltd. To support the loan, MMC issued a letter of comfort stating it was their policy to ensure that their subsidiaries were in a position to meet their liabilities.Issue: When MMC Metals Ltd went into liquidation, Kleinwort Benson sought to recover the outstanding loan from MMC, arguing that the letter of comfort constituted a binding commitment.Court Ruling: The Court of Appeal held that the letter of comfort did not create a ______ binding obligation. The court found that the letter merely expressed MMC’s _____ policy and did not constitute a contractual promise to maintain that policy in the future.Significance:Intention to Create Legal Relations: This case highlights the importance of clear intention to create legal relations in determining the enforceability of agreements. The court emphasized that the wording and context of the letter indicated it was not intended to be legally binding.Letters of Comfort: The decision illustrates that letters of comfort, often used to provide assurance without creating legal obligations, must be carefully drafted to avoid unintended legal consequences. legally, current, ______/ No Fault liability introduced by lirability for defective products act 1991 strict "Liability under act _________ is liable for damages in tort for injuries caused ""wholly or partly bu a defect in the product""." producer Producer defiens as M____________I___________ into EUSu_________ manufacturer, importers, suppliers Onus of proof of liability plaintiff must prove on _________ of probabilties that a defect in the product cause the injury or damage to the plaintiffcausal link- causation established once causal lin balance Products and Defective 1991 act covers only products- NO ______product= all move__________doesnt cover immovable services, moveable Defective A product is defecive if it fails to provide the safety which a person is entitled to expect, taking all circumstances into accountPr__________ of productthe ________ to which the product can be reasonable expected that it would be put undert_______ of circulationdefectiveness can not be rules for sole reason fo a newer, __________ product presentation, use, time, better Products cannot be deemed defective if the _________ standards were met at the time of implementation to market safety "Cassells v Marks & Spencers plc (2002) dress of gril caught fireas a result of a ________ label stating ""keep away from fire"", defendant was held not liable" warning Defences from liability Producer did not put the product into circulation The defect did not exist at the time the product was put into circulation Not designed to be ____ or distrbuteddefect is due to c_________ that the state of scientific and technical __________ at the time when he put the product into circulation was not such as to enable the supply ______: in the case of the manufacturer of a component or the existence of the defect to be discovered producer of a raw material, that the defect is attributable entirely to the design of the product in which the component has been fitted or the raw material has beenin corporated or to the instructions given by themanufacturer of the product circulation, time, sold, compliance, knowledge, chain Contrbbutory Negligence defence under Civil Liability 1961 defendant may claim defence of c_____________ n_____________ which provides that where a plaintidd suffers an injur or loss which is partly their fault ot fault of another, the damaged will be r_____ accordingly. contributory negligence, reduced Occupiers Liability occupier: those who have _____ over state of the premises They owe a _____ of ____ towards those who entertheir premises. The duty owed depends on the s______ of the entrant There are _____ categories of Entrants control, duty of care, status, 3 Categories of entrants V______R_________ UserT________- visitor, recreational, tresspasser Visitors- section 3 Owed a ______ of __________Occupiers must take r________ care to ensure their visitor and property do not suffer injury or damage by reason of any danger e______ on premises duty of care, reasonable 1995 Reasonable Standard of Care to determine: The _____ is expected ti meet a level fo care for their own safet and for those who are in their c__________, control Contributory negligence can be raised as a d______- visitor, company, defence Recreational Users and Tresspassers owed duty of care that the occupier does nto injurethem itnentioanllly or act with reckless d______ for them and their propertyrestricted intentionally, disregard Weir Rodgers v S.F. Trust 20066 plaintiff near cliff when rolled off and injuredsueddefence: did'nt act with reckless disregardDecision: Defendant held _______-, reduced award by 25% due to ________ negligence Supreme court ____________ decision as duty of care to recreational is to not injure them intentionall liable, contribory, overturned Reckless Disregard FactorsNature of d________id danger was k______C_____ct of entrantSelf ________ to ensure own safetyw_______ or supervision of entrant danger, kown, conduct, responsibility, warnings Occupiers Liability Notices/ W_________ can restrict modify or exclude liabilityIf sign is unclear, badly written, it will _______ countNo liable if intention of entry was to ______-commit a crime warnings, not, purposefully Duty Owed to tresspassers same as that for ________ userswilliams v TP walacewilliams installed gutteringcame back to check how it was holding up went to cinstruction site while workers on break and slipped off a ladder thererefore he was a ________ recreational, tresspapser Vicarious Liability One party is liable for the act of _______-commonly justified by existence of ________ another, control Vicarious Liability distinct from liability based on relationshipn between wrongdoer A and Blaw holds B LIABLE for injusy or loss caused by Aemployer generally liable for torts committed by an employee inn the course of their __________ employment Acting in course of employment employer only liable for negligent acts of an employee if they are actib within ________ of employmentliable for negligent repairs carried otuif employee is fond nto to eb acting in course of employment independent contractor not an __________employer not _______ for torts commited by contractor employee, repsonsible Independent contractors have a contract ______ services, wheras employees have a contract _____ servcie for, of Independent contractors have freedom of ______ walshe v vaileboroperson engaged to collect cans of milk, carry them to creamery and return empty cans to farmer person was an employee, not an independent contractor as it could not be said he was his own maste action Economic torts P_________ off Injurious f________d C_________y Passing, falsehood, conspiracy Passing off Misleading packaging (______) knockoffs Passing off plaintiff must proveplaintiff has __________reptuationdefendand made __________there is ______ or loss commercial, misrepresentation, damage Injurious falsehood _______ statementmade ________causes _____ untruem, maliciously, damage Injurious falsehoold statement about ________ NOT the personfalse statements relating to property, goods, business business Injurious Flasehood ElementsPublication of ______ rperesentationM_________ IntentA________ Damage untrue, malicious, actual De Beers Abraisive Products v International General Electric scientific study falseley denigrating products for self beenfitcourd held malice Kyrgios case Conspiracy- Economic Tort at least _ people using combined power to ______ plaintiffthree elementscombination - multiple _____unlawful- unlawful p_________ or meansdamage- _______ of damage 2, harm, people, purpose, proof Defamation:___________- of a false statement which injures reputation in eyes of public publication 2009 act states action must be brought within one _______ of the defamatory stateemnt year ________ is a failure to take reasonable care to avoid causing injury or loss to another person negligence Key principle of negligence is r_______- reasonableness 3 ingridients of Negligence _______ of ___________ of duty________ (of damage/loss/injury) duty of care, breach, causation PROVING NEGLIGENCE Establishing a duty of careMust establish some ____ responsibility on the part of the defendant in the form of an obligation or d____Breach of the duty of care by the defendantOnce a duty is established, the defendant will be subject to a s______ of care. If the defendant’s conduct falls short of the standard of care, he is said to have ______ that duty The standards against which a defendant will be judged are those of the r______ m__Damage and causation Damage or loss must follow from the breach for the plaintiff to bring an action in negligence against the defendant There must be a ______ connection between the conduct of the defendant and the resulting injury caused to the plaintiff legal, duty, standard, breach, reasonable man, causal Duty of care The duty of care is owed only to those persons who are in the area of foreseeable d_______Potential l_______= those who were owed a duty of care danger, litigants Donoghue v Stevenson (snail in bottle bought by friend) Legal IssueWhether Stevenson owed a duty of care to Donoghue despite the absence of a direct contractual relationship.Whether negligence could be established without a breach of contract.DecisionHouse of Lords Ruling: The House of Lords held that Stevenson owed a duty of care to Donoghue. Reasoning: _______ Principle: Manufacturers owe a duty of care to consumers. Separation of Negligence from c_______--: Negligence is a distinct tort from breach of contract. Foreseeability: Stevenson should have f_______that failure to ensure the product's safety could result in injury. Neighbout, contract, foreseen Stevenson V Donoghue brought which principle into law? _____ Principle Neighbour Kings v Philips (1952) 2 All E.R. 459 FACTS: The defendant carelessly drove his car over a boy’s bicycleThe boy who was not on his bicycle at the time, screamedOn hearing her son’s screams, the plaintiff, his mother, looked out the window and saw the mangled bicycle, but not her sonAs a result she suffered severe shock and became illQuestion: Did she owe duty of care? The court held that the defendant could only reasonably foresee that his carelessness would affect other road users and not persons in ______ Not liable to the plaintiff since he did not owe her a _____ __ _______ houses, duty of care Hedley Byrne v Heller IssuePlaintiffs requested credit references on E Ltd (a mutual client)Defendants (negligently) gave a good reference (but stated that this was made without responsibility on their part)The Plaintiffs relied on that reference and extended credit to E Ltd who subsequently went into liquidation, and the Plaintiffs were unable to recover the credit that they had extended to them.The Plaintiffs sued the defendant bank for negligent statement.HELDDefendants ____ a duty of care – relied on skill and knowledge- but were not _____ due to the disclaimer responsibility, owder, liable Proving Breach of Duty of Care Once it has been established that the plaintiff is owed a duty of care, it must then be proven on a balance of _________ that the duty has been breached Breach of this duty occurs where D has failed to take ______ care in the given circumstances Did the defendant exercise the care that a ________ person would have exercised in the circumstances? “of ________ intelligence and foresight” Kirby v Burke (1944) IR 207) probabilities, appropriate, reasonable, ordinary Reasonable Person: If the defendant is acting in a professional capacity, the standard will be what is reasonably expected from a member of that p_____- proffesion Standard of care More probable the acciden the ______ the standard of care (O’Gorman v Ritz Cinema ) Social utility of defendants conduct (Whooley v Dublin Corporation ) Plaintiff injured by an open fire hydrant box, sued defendant, no liability due to ______ of box Cost of eliminating risk- not expected to do ______ to protect against injury of others (Muldoon v Ireland ) higher, purpose, everything SEE v Public Lighting Services (1988) Floodlighting masts sold to Plaintiff, Masts complied with required standards of safetyOne collapsed during a storm and Plaintiff suedHeld- no evidence that there was a lack of reasonable care by the defendants as they had complied with relevant _______ standards Proving Injury or Loss The plaintiff must show that some damage, loss or injury has been suffered by them as a result of the _____ of dutyFor this to be proven, the harm or loss must be:Caused, to a large extent, by the _______ of the defendantClosely related to the _________ actPhysical _____ to the plaintiff’s property, or ______ loss caused by physical injury or psychological injury breach, conduct, negligent, injury, economic Res Ipsa Loquitur- the thing that ______ for ____ Legal doctrine used in tort law to infer negligence from the very nature of an accident or injury, in the absence of _____- evidence on how any defendant behaved. speaks for itself, direct In order to avail of the doctrine of res ipsa loquitur, the plaintiff must prove that: the damage occurred in an _____ way;that it would not have occurred in the ordinary course of events without there being some form of _______ ;that circumstances point to the liability of the ______ as opposed to any other person; andthat the incident or factor that caused the damage was within the _____ of the defendant.Example of doctrine in practice: Lindsay v Mid-Western Health Board 2 IR 147 unexplained, negligence, defendant, control Lindsay v Mid-Western Health Board 2 IR 147 Facts Plaintiff: Beatrice Lindsay, an eight-year-old girl. Defendant: Mid-Western Health Board. Incident: Beatrice underwent surgery for acute appendicitis at Limerick Regional Hospital on March 16, 1982. Outcome: Beatrice fell into a coma and suffered irreversible brain damage. Legal questionWhether the doctrine of Res Ipsa Loquitur applies in this case. Whether the defendant was negligent in its actions. Whether the defendant should be held liable for Beatrice's brain damage without a proven causation link. Decision Supreme Court Ruling: The Supreme Court upheld the application of Res Ipsa Loquitur. Reasoning: The Court found that the defendant had met the prima facie case made against it. The defendant was required to demonstrate that they exercised all reasonable care and were not negligent. The Court emphasized the distinction between negligence and causation Contirbutory Negligence Under the Civil Liability Act 1961, a defendant may raise a defence of ______ negligence, which provides that where a plaintiff suffers partly as a result of their own fault , and partly due to the fault of another, the damages recoverable will be ____ according to the share of responsibility.For instance, in a road traffic accident, liability may be apportioned 50/50 % if it looks like both parties may have been at fault. contributory, reduced, Causation: CURRENT WRONGDOER V______ liability: this occurs where a person is legally responsible for the actions of another (e.g. an employer being liable for the actions of an employee).Breach of a ____ duty: where two or more persons are under a joint duty of care, it is not necessary to show which of those persons breached the duty. (e.g. in a medical context where procedures involved numerous medical professionals all caring for the same patient).Conspiracy or concerted ___ towards a common end/goal. vicarious, joint, action Novus actus interveniens Another test used in deciding legal causation is the intervening act, the novus actus interveniens, where that ______ act breaks the chain of ______ between the plaintiff’s injury and the defendant’s action by replacing the defendant’s act as the sole cause of the plaintiff’s harm. intervening, causation Conole v Redbank Oyster Co. 1976 IR 191 The Defendants had a ship built that was unseaworthy. Captain was ____ of this at the launch and despite this, he brought 50 children out to sea. Boat capsized and a number of them drowned. The ship builders could not be blamed for negligently building unseaworthy boat. Sole cause = Captains ________. aware, recklessness EGGSHELL SKULL RULE you take your vitcim as you _____ themIf P has certain characteristics, you are liable for any _____ damage to them even if those characteristics increwased probability of an ______ , despite the fact that you could not reasonably foresee it. find, increased, accident

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