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21 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What are the 3 key elements that a plaintiff must prove in an action in negligence |
Duty of care was owed Breach of that duty An actionable loss that was foreseeable |
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What are the ways a contract can be formed between 2 people if they do not put their agreement in writing. |
Implied contract by actions, quasi contract enforced by law and verbal agreements. |
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Explain why parliament pass's laws that give other bodies the power to make laws (enabling legislation) |
It allows statutory bodies with expert knowledge to create appropriate laws |
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The torte of defamation referers to what type of dispute or conflict between people |
A torte of defamation referers to acts of libel or slander |
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Trademark, copyright, design and patent are all typesof which area of law |
Intellectual property |
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What are the 4 types of business structures people might use to set up their business |
Sole traders Partnership Joint ventures Companies |
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What is the main difference between a solicitor and a barrister |
A solicitor builds a case with the client and the barrister presents it to the court. |
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Name the four legal actions that can be applied to the majority of legal cases |
Prosecutions Breach of contract Breach of tortious duty Breach of statutory duty |
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Give an example of when an implied contract could be formed without 2 people even talking to each other. |
Through the actions of the parties involved. |
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What was the previous name for the name of the consumer and competition act |
The trade practices act 1974 |
The reason why we have contract law is because it is important for people to be able to rely on promises made by other people. why is this important for people and for business? |
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Separation of powers describes the situation where the people who makes the laws and different to the people who enforce the laws and are different to the people who judge cases when the laws might have been broken. Why is that important ? |
The legislature, the executive and the judiciary without undue influence by any party. |
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The reason why we have contract law is because it is important for people to be able to rely on promises made by other people. why is this important for people and for business? |
Contract law is the backbone of all business. It is the legal relationship that enables business to function. Contracts are based around the notion that people are entitled to to reach agreements between themselves to determine what they will do to bring about certain consequences or events. People need to be able to rely on these agreements for society to function. |
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Can 2 people form a contract for the purpose of committing a crime ? |
No |
FROLIC |
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What are the 6 essential elements required to form a contract ? |
Form and/or consideration. Reality of consent. Offer and acceptance. Legality of object. Intention to create a legal relationship. Capacity of parties. |
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Describe a situation where a court might find that two people did not have the intention to create a legal relationship. |
When the object of the contract would be deemed illegal under common or statute law |
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Why is it important to have a law of copyright |
Intellectual property rights enables the creator to enjoy the economic right of their work and protects them from unfair and illegal use. |
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What is the main advantage of a company being a limited liability |
A key thing to remember and understand about limited liability company is that it is seen as a separate legal entity from it owner in the eyes of the law. A company can sue and be sued in its own right and the amount that it can be sued for is established at the start. |
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How many people are needed to form a contract ? |
2 |
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What is another name for statute ? |
Legislation |
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When might a court find someone had not given their proper consent to being in a contract with someone else ? |
If the contract was signed under duress or misrepresentation |
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Unconsolable conduct, unfair practices, product safety, consumer transactions, and manufactures and importers liability come under the jurisdiction of which act ? |
Consumer and competitions act 2010 |
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