Law

Front 1

Donoghue v Stevenson

Back 1

created test for considering if duty owed in novel situations. (neighbour principle

Front 2

What requirements were laid out in Anns v Merton for duty of care?

Back 2

1) Foreseeability
2) Fairness, justice & reasonableness.

Front 3

How was Anns adapted in Caparo Industries v Dickman?

Back 3

Rejected the approach set out in Anns, and established the 3-stage test:

1) Foreseeability to harm
2) Proximity
3) Fairness, justice and reasonableness

Front 4

Ward v. McMaster (1988)

Back 4

Anns was approved, and the majority rejected the incrementalist approach.

Front 5

Glencar v. Mayo County Council (2001)

Back 5

Facts – Pl had a mining licence, Def put in motion a development plan banning mining, rendering the Pl’s licence obsolete. Court held that Def had acted ultra vires. New proceedings for damages arising out of ultra vires.

Decision –

i. ultra vires gives rise to damages only where actor was knowing, negligent or malicious;

ii. thus, crucial question: was there a duty of care?

iii. much weighing up of English case law; adopted three-stage test, with an incremental element. This has been criticised, as the three-stage approach can function independent of analogy with previously accepted areas of negligence law. However, the general tenor of the case is that our approach to the duty of care is less restrictive than the English approach now.

Front 6

What are the 5 requirements of a valid contract?



Hint: A,C,C,I,W

Back 6

1. Agreement
2. Consideration
3. Capacity
4. Intention to create legal relations
5. Writing Formalities

Front 7

Agreement

Back 7

There is agreement when one party (the offeror) makes an offer which the other party (the offeree) accepts.

Front 8

Invitation of Treat

Back 8

Where one party holds him/herself out as being ready to receive offers which s/he may then accept or reject

Front 9

Consideration

Back 9

Both parties must benefit.
“Quid pro quo”

each party must give or do/not do something for the other party.

Front 10

Intention

Back 10

Both parties must intend to enter a contract

Front 11

Capacity

Back 11

.Lack of capacity
a) Is a minor
b) Is intoxicated
c) Is insane/mentaly retarded
B&C is understanding.
A is enforceable when of benefit to minor

Front 12

Legality

Back 12

A contract involving illegality is void. Those who make a deal involving a crime should not expect a court to enforce the contract

Front 13

Writing formalities

Back 13

Some contracts must be formalized by a writing or a witnessed writing to be enforceable (contracts for sale of land must be in writing)

Front 14

Restraint of trade

Back 14

Restraint of trade is a clause in a legal contract between a buyer/Employer and a seller/employee ,that prevents S/E from engaging in a similar business within a specified geographical area and within a specified period. It intends to protect trade secrets or proprietary information but is enforceable only if it is reasonable with reference to the party against whom it is made, and is not contrary to public policy.

Front 15

Reasonableness

Back 15

1. Limited in subject matter;
2. Limited in duration; and
3. Limited in geographical extent.

Front 16

Murgitroyd & Co. Ltd. v. Purdy 2005

Back 16

Clarke J. emphasised the
importance of establishing not only that he knew the customers but that he could reasonably have exercised influence over them:

Covenants against competition by former employees are never reasonable as such. They may be upheld only where the employee might obtain such personal knowledge of, and influence over, the customers of his employer as would enable him, if competition were allowed, to take advantage of his employer's trade connections ...