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111 Cards in this Set
- Front
- Back
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Breton Law System
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early Irish Law
civil laws not criminal payment of compensation, inheritance, property etc. until 17th century (i.e. England invaded) |
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Common Law System
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or Case Law
or precedent developed by judges through decision of courts unfair to treat similar facts differently on different occasions originated in England in the Middle Ages |
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Civil Law
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set on statutes adopted through the legislative or parliamentary process
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Doctrine of Binding Precedent
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In common law system
Judge made law principle or rule established in a previous case precedent which must be followed by all lower courts created by the Supreme High Court of UK |
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Northern Irish Law
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legal system of statute and common law operating in NI since partition of Ireland 1921
established NI as separate jurisdiction in the UK |
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Parliament of Northern Ireland
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home rule legislative of NI created under Government of Ireland Act 1920 abolished under the NI Constitution Act 1973
52 seats House of Commons 26 seats indirectly elected established 7 June 921 disbanded 30 March 1972 succeeded by NI assembly |
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Good Friday Agreement
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present constitutional status of NI as part of the UK and NIs devolved system of government are based on it
signed 10 April 1998 came into force 2nd December 1998 status of NI government within the UK relationship NI and republic of Ireland relationship republic of Ireland and the UK |
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Northern Ireland Act 1998
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act of parliament of UK
established devolved legislature for NI devolved NI assembly 108 members suspended a number of times until reinstatement in 2007 |
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St Andrews Agreement
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13 Oct 2006
agreement between British and Irish governments in relation to devolution of power in NI resulted in restoration of NI assembly and restoration of new NI executive (8 May 2007) full acceptance of PSNI by Sinn Féin |
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Role of Attorney General 2010
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chief legal advisor to NI executive for both civil and criminal matters that fall within the devolved powers of the NI assembly
chief public prosecutor for NI appointed for up to 5 years roles and powers in Justice (NI) Act 2002 formed in 1921 after 1972 attorney general for England and Wales performed role for NI 12 April 2010 powers devolved to NI assembly |
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TImeline
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1921 - partition established, Parliament of NI established under the Government of Ireland Act 1920
1972 - Parliament of NI disbanded under NI Constitution Act 1973 succeeded by NI Assembly 1998 - Good Friday Agreement allowing devolved NI assembly 2006 - St Andrews Agreement reinstated NI assembly 2010 - role of Attorney General devolved to NI assembly |
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The Court System
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Courts have powers and authority over specified civil and criminal matters
decisions authoritative right to appeal to a higher court NI courts are civil and criminal courts responsible for administration of justice in NI constituted and governed by NI Law |
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Superior Courts
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Supreme Court of the UK (London)
The Court of Appeal (Belfast) The High Court (Belfast) Queens Bench, Family Division, Chancery Division Crown Court (hears serious criminal cases) |
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Inferior Courts
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County Courts (7 divisions in NI incl. small claims, family care centres)
Magistrates Court (incl youth courts, family proceedings, domestic proceedings) Tribunal |
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Tribunal
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any person or institution with the authority to judge, adjudicate on or determine claims or disputes
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Criminal Law
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deals with crime and legal punishment of criminal offenders
burden of proof - beyond a reasonable doubt , on the state/ government they have to prove guilt theft, robbery, murder punishment incarceration, fines case filed by government felonies and misdemeanour's |
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Civil Law
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disputes between individuals or organisations in which compensation is awarded to the victim
burden of proof falls on the plaintiff( the person who initiated to case) to prove guilt standard of proof - on the probabilities of evidence landlord/tenant disputes, divorce, custody punishment compensation case filed by private party |
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Sources of Law
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Primary Legislation - made by legislative branch of government, act of parliament, statutes
Secondary Legislation - made by executive authority under powers given by primary legislation Non Legislation Judge made Law - case law based on judicial decisions and precedent rather than statute |
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European Union Law
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body of treaties and legislation
direct or indirect effect on laws of EU states 3 sources - primary - (treaties establishing EU), secondary - (regulations based on treaty) ,supplementary composed of European Parliament and council of EU Court of Justice of EU is highest court |
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European Court of Human Rights
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international court established by the European Convention on human rights
if state has breached someone's human rights |
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Solicitors
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lawyer that deals with any legal matter
conducting proceedings in court direct contact with clients can act in place of clients for legal purposes (signing contracts) |
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Barristers
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courtroom advocacy, drafting legal pleadings and giving expert legal opinions
not hired by clients themselves but by the clients solicitor speaks on behalf of client in court self employed cab rank principle - obligation of barrister to accept any work meaning unpopular people get representation |
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Legal Aid
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assistance to people otherwise unable to afford legal representation
legal advice - giving of formal opinion regarding procedure of law pro bono - no financial remuneration |
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Tibunals
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created by legislation
attributed to development of the welfare state quicker cheaper less formal 3 members chair person(legally qualified solicitor or barrister) and 2 laypersons(employee and employer representative) |
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Industrial Tribunals
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disputes over individual contracts of employment
redundancy, unfair dismissal discrimination on behalf of trade union application to Office of Industrial Tribunals then referral to Labour Relations Agency |
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Fair Employment Tribunal
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discrimination on grounds of religious belief or political opinion
award unlimited damages |
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Mediation
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Alternative Dispute Resolution
trained mediators avoids court so less costly and faster |
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Company Law
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corporation is a separate legal personality
limited liability to shareholders delegated management (board of directors delegates tasks to executives and so on ) |
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Oversight Bodies
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oversee administration of law in NI
Police Ombudsman - investigates complaints against PSNI Assembly Ombudsman - complaints against civil service Equality Commission - racial, disability equality, fair employment and equal opportunities NI Human Rights Commission - 1999, understanding and awareness of Human Rights in NI assist in court proceedings |
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Law Reform
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Office of Law Reform
looks at reform laws in other common law countries considers changes that should be made paves the way for new legislation |
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Intellectual Property
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legal rights associated with creative effort or commercial reputation and goodwill
law deters from copying or taking unfair advantage of the work or reputation of another provides remedies |
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Patents
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statutory property right
gives patent owner exclusive right to the invention |
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Breach of Confidence
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used to protect categories of confidential information
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Trade Marks
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registered trade marks are statutory rights
give right to use a distinctive sign in relation to product or service badge of origin of goods |
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Passing Off
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protects goodwill of company
tort that may be used in preventing a trader from misrepresenting damaging goodwill goodwill - form of property constitutes the markets perception of value and quality of a business |
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Copyright and Moral Rights
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copyright - statutory right to prevent unauthorized copying
moral rights - author retains rights regardless of who owns the economic rights |
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Design Laws
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combination of registered design , design right and copyright
cannot protect discoveries or theories |
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Exploitation
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banks lend money they are not investors
venture capitalist - invest in new business that have established a trading record |
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Patent Law
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gives owner monopoly
new invention capable of industrial application |
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Obtaining a Patent
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have to apply for a patent in each country
UK Patent Office |
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Non Patentable Inventions
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inventions contrary to public policy or morality
biological subject matter |
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Novelty
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new in the sense that not previously available to the public
assessed objectively if new use is found for something already patented can be re-patented |
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Genetech V Wellcom (1989)
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provides an outline of things not considered to be inventions instead of a definition of invention
-art of literary works - discovery or theory or mathematical methods -computer programmes (unless technical contribution i.e. is a technical means used to produce a result or solve a problem does the invention produce a technical result) |
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The State of the Art
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all matter made available to the public before the priority date of the invention (date of first patent application)
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Inventive Step
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needs inventive step to be patentable
assessed from perspective of skilled person in the arts statutory test is the windsurfer test |
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Industrial Application
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must be capable of application in industry all inventions other than those theoretically impossible meet the requirement
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Ownership of Patents
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inventor/s
iventors successor employer of inventor - first owner if made in course of employees normal duties, employee has special obligation to employer employee is compensated if the invention if of outstanding benefit to the employer |
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Design Law
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if not novel enough to patent can be protected by design law
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Registered Design
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exclusive rights to use a certain aesthetic or functional features of a range of products
aesthetic appeal lasts up to 25 years with renewal every 5 years |
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Design Right
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right to prevent the copying of a functional aspect
lasts up to 15 years reduced if applied commercially in the first 5 years |
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Exceptions to a Design Right
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methods of construction
surface decoration |
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Four Golden Patent Rules
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1)invention is new
2)involves new inventive step 3)capable of industrial application 4)not an excluded subject |
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Tort Law
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body of law that addresses and provides remedies for CIVIL wrongs not arising out of contractual agreements
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Tort of Negligence
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negligence is conduct that is culpable because it falls short of what a reasonable person would do to protect another from harm
two types intentional acts and accidents |
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4 elements for suing for negligence
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1) Duty of Care
2) Breach of Duty of Care 3) Injury or Damage Caused 4) Reasonably Foreseeable |
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Duty of Care
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Donoghue V Stevenson (1932)
plaintiff drinking ginger beer with snail in became ill sued stevenson legal obligation imposed on an individual requiring that they adhere to reasonable standard of care while performing any act that could foreseeabley harm others |
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Breach of Duty of Care
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defendant has fallen short of standard of care
bolam test - case of skilled defendant if he reaches the standards of a responsible body in the defendants field of expertise he is not negligent Bolam V Frien Hospital Management Committee (1957) plaintiff voluntary mental patient agreed to undergo electro convulsive therapy no muscle relaxant not restrained suffered serious injuries plaintiff argued negligence at that time that was the medical opinion on how to do it so doctor wasn't negligent |
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Injury or Damages Caused
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plaintiff must provide some kind of loss as a result of the defendants actions
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Reasonably Foreseeable
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causation
Bourhill V Young (1943) plaintiff 8 months pregnant walked into scene of motor accident defendant had been negligently driving and crashed plaintiff came negligent for defendant to let her see it in her condition but was not foreseeable by defendant so not negligible |
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Special Relationships and Pure Economic Loss
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Hedley Byrne & Co Ltd V Heller & Parters Ltd
Plaintiff advertising agent. Easipower wanted to put in an order so plaintiff checked with their bank the defendant who said without responsibility Easipower were good for their money. Easipower went into liquidation plaintiff sued for negligence court ruled defendant had a duty of care duty of care exists where plaintiff relies on defendants skills or judgement |
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Engineers
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use the reasonable care and skill of such persons of ordinary competence measured by the professional standard of the time
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Measure of Damages
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loss resulting from the negligence
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Defences
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Volentic non fit injura
Contributory Negligence |
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Volentic Non Fit Injura
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to a willing person no injury is done
i.e. if a person knows they are putting themselves in harms way they cannot sue implied or express |
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Contributory Negligence
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plaintiff through their own negligence has contributed to their harm burden is on defendant to prove
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Expert Witness
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court would not be able to unaided draw the proper inferences and form proper opinions from specialised facts need expert advice
civil procedure rules say expert has to be independent and address his or her expert report to court giving agreements and disagreements must have specialised skills |
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Lord Woolf Guidelines on the Written Report
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independent
objective unbiased all relevant facts admit limits of expertise qualifications stated communicate changes in opinion |
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Express and Implied Terms
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express - written in contract
implied - unwritten but implied by law |
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Contract
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agreement between two or more people which is legally enforceable
OFFER + ACCEPTANCE = AGREEMENT AGREEMENT+(INTENTION+CONSIDERATION)=CONTRACT |
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Offer
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expression of willingness to make a contract that is legally binding upon acceptance
Carlill V Carbolic Smoke Ball Co (1893) defendant put ad in newspaper pay £100 to anyone who gets sick after using their smoke ball they put £1000 in a bank account to show seriousness Plaintiff got sick after using and sued defendant said it was an invitation to treat court ruled it was an offer |
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Invitation to treat
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offers to negotiate step before offer
Fisher V Bell (1961) defendant charged with offering sale of a knife which was illegal court ruled display of an article with price is an invitation to treat Pharmaceutical Society of GB V Boots Cash Chemist Ltd (1953) defendant displayed goods that under statute need to be sold under supervision of a pharmacist but defendant argued they could refuse purchase at cash desk court ruled invitation to treat contract was not made until cash desk |
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Invitations to Tender
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council put ad in paper asking for contractors
doesn't mean an offer to contract by the party submitting the most favourable bid they can choose whomever they wish |
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Acceptance
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expression of assent to the terms proposed by the offerer must be communicated
must be unconditional if new terms introduced its a counter offer acceptance does not have to be written Hyde V Wrench (1840) defendant offered to sell farm to plaintiff £1000 plaintiff responded with offer for £950 defendant refused plaintiff tried to take original offer but because a counter offer had been made the original offer was null |
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Unilateral Offer Acceptance
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takes place when offerer fully performs the required act
refer to Carlill V Carbolic Smoke Ball Co (1893) it was an offer open to everybody |
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Communication of Acceptance
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unilateral acceptance - performance of stipulated acts constitutes at acceptance
By post - once letter is posted acceptance is complete silence does not amount to an acceptance Felthouse V Bindley (1862) plaintiff wrote to defendant to buy horse for £30 15s he stated if he heard no more then he would consider the horse his defendant was at the auction and did not reply horse was sold at auction plaintiff sued auctioneer for tort of conversion but court ruled no contract because no acceptance |
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Consideration
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promisee can not enforce promise unless he has been given something in return
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Past consideration
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consideration can not be in the past
Re McArdle (1951) children entitled to mums house after death one son and his wife already live in the house with the mother and they made improvements to the house other children promised to pay compensation on sale of house there was no consideration provided by the wife as improvements had been made before the agreement |
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Consideration still with Promissee
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Tweedle V Atkinson (1861)
father of bride and father of groom agreed they would both pay sum of money to groom brides father died before payment groom sued but he had not provided consideration for his father in laws promise so could not enforce it natural love and affection is not valid consideration |
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Adequate Consideration
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consideration need not be adequate
Chappell and Co Ltd V Nestle Co Ltd (1960) defendant sold record to public for money plus 3 choc bar wrappers plaintiff owned copyright to record and were entitled to royalty by reference to selling price defendant claimed the wrappers weren't included court ruled the wrappers were part of the consideration |
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Law bound consideration
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not consideration if law bound to do it
Collins V Godefry (1831) defendant promised to pay plaintiff for giving evidence at court for which plaintiff had already been subpoenaed plaintiff under legal obligation to do it so not consideration |
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Contractual consideration
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not consideration if already contracted to do it
Slilk V Myrick (1809) plaintiff signed to work voyage from London to Baltic and back some seamen deserted defendant agreed to divide the deserted mens pay between the remaining crew if they worked back to London Plaintiff was already contracted to do that so he had not provided any consideration |
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Part payment of debt
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part payment of debt is not consideration for discharge of entire debt
the person who is owed has the right to come back at a later date and claim the remainder of the money |
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Promissory Estoppal
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exception rule of consideration
prevents one party from withdrawing from the promise if the second party relied on that promise Central London Property Trust Ltd V High Trees House Ltd (1947) in 1937 plaintiff granted defendant 99 year lease of block of flats at a rent of £2500 per year second world war broke out defendant had not fully sublet the flats so unable to pay rent plaintiff agreed to halve the rent beginning of 1945 all flats rent and defendant claimed for full rent plus arrears could not claim because even though defendant had not given consideration he relied on the agreement |
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Intention
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intention to create legal relations
some agreements are not intended to be legally binding |
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Domestic Agreements
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no intention of making legal relations
i.e. agreements between man and wife Balfour V Balfour (1919) defendant worked abroad agreed to pay plaintiff who was bed bound and had to stay in england £30 a month They divorced and plaintiff sued for the £30 judge ruled the agreement was not intended to be legally binding |
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Social Agreements
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not intended to be legally binding
friends invite friends to dinner not legally binding |
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Mere Puffs
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statements not intended to be taken seriously
Weeks V Tybald (1605) defendant said he would give £100 to whomever married his daughter court ruled this was not a reasonable offer |
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Capacity
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every person over the age of 18 who is of sound mind has the necessary capacity to enter into a contract
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Companies
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separate legal personality
have capacity to enter contracts which their founding documents approve of |
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Drunkards/Persons of Unsound Mind
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is Valid if the person can prove they did not know the other was drunk or of unsound mind at the time of the agreement
if he knew then void |
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Minors
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persons under the age 18
can enter some contracts like buying goods or services not lend money buy land or shares |
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Formalities
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number of forms for contracts oral written deed etc
certain contracts have to be of a particular form : contracts by deed - transfer of land, transfer of registered ship Contracts in writing - hire purchase of goods, credit agreements,transfer of shares Contracts evidenced in writing - sale of an interest in land |
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Terms
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make up the contract
express or implied determine the parties duties and rights and remedies available upon breach of contract |
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Implied Terms by Court , Custom or Statute
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obvious terms
Shirlow V Southern Foundries (1939) defendant taken over tried to fire plaintiff but his contract said to remain in post for 10 years Liverpool County Council V Irwin (1977) implied term of tenancy agreement of council flat the the landlord should take reasonable care of the lifts and staircases |
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Condition
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essential term which goes to the root of the contract
Poussard V Spiers (1876) opera singer contracted to sing on first night of 3 month series of concerts so this is a condition if breached innocent party can end contract |
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Warranty
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lesser subsidiary term of the contact
Beltini V Gye (1876) singer obligated to attend all rehearsals warranty if breached innocent party can claim damages |
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Exclusion Clauses
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prevent breach or attempt to exclude liability for breach of contract
extreme sports common law control keeps them under control statutory control means exclusions of liability for death in cases of negligence are ineffective |
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Void Contract
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if isn't valid there is no legal action required contract is ended
voidable - legally effective until innocent party voids it mistakes - bound by signature its your duty to read and check for mistakes cross purposes - both parties are talking about different things then it can be invalid force - threatening into a contract is voidable misrepresentation - false statements void contract rescission is the remedy putting parties back as far as they can to if they had never heard of the contract |
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Illegal Contracts
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if law prohibits any terms
void by statute void by common law |
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Privacy of Contract
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contract can only be enforced by those who made it
multi party agreements can only enforce the contract with the direct person who provided consideration to you Dunlop Pneumatic Tyre Co V Selfridge Co Ltd (1915) plaintiff sold tyres to Dew & Co with term that tyre couldnt be sold under the rrp if breached plaintiff to be payed £5 in damages Dew & Co sold tyres to the defendant who sold tyres below rrp plaintiff sued but they had not entered directly into a contract with the defendant so couldn't be enforced |
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Discharge of Contract
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Agreement - mutual agreement to discharge
Performance - both parties carry out obligations Breach - term broken Frustration - unforeseeable circumstances prevent the contract from being carried out Krell V Henry (1903) |
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Remedies for Breach of Contract
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Common Law Remedies - available as of right decided by judge
Equitable Remedies - available at discretion of the court |
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Damages
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common law
compensates plaintiff Expectation loss - places plaintiff in position as if contract had been fulfilled Reliance loss - compensates expenses innocent party has incurred in reliance on the contract (as if contract hadn't been made) Anglia Television V Reed (1972) Plaintiff entered into contract with defendant who was to play part in film defendant backed out but plaintiff had already expended money on set etc plaintiff recovered expenses from defendant |
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Measure of Damages
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Liquidated - parties have agreed what damages to be awarded in event of a breach
Un-liquidated - law assess amount of damages |
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Losses covered
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loss must be caused by breach of contract not a remote consequence of the breach
non pecuniary losses - eg holiday damages awarded for stress and disappointment duty to mitigate loss - plaintiff expected to take reasonable steps to mitigate loss (stop further loss occurring) |
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Agreed Sum Remedy
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if a buyer does not pay for goods under a contract seller may sue for agreed price
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Rescission
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equitable remedy
places parties as far into position they were in before contract exclusions to rescission - plaintiff affirms contract despite being aware of right to rescind , impossible to put back in situation before contract , unreasonable amount of time before rescinding , innocent third party is interested in taking up contract |
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Specific Performance
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equitable remedy
defendant ordered to carry our contractual promise i.e court ordered specific performance damages won't order if damages suffice not awarded to building or construction contracts |
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Injunctions
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granted to prevent breach of contract
court order not to do something (industrial action) equitable remedy |
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Rectification
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equitable remedy
rarely awarded court will correct contract |
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Limitation of Actions
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claim of breach of contract must be brought to court within 6 years of the breach
with a contract made by deed the time period is 12 years |
