Mgmt2021: Business Law 1

Front 1

Order in Council usually made by _________ and merely approved ________.

Back 1

Made by Government. Approved by the Privy Council.

Front 2

A body of law containing rules which determine the direction of the State, including the manner in which State is organized is called

Back 2

Constitution

Front 3

Section 2 of Chapter 1 of the Jamaican constitution provides that

Back 3

If any other law is inconsistent with this Constitution, this constitution shall prevail.

Front 4

Section __ allows for alteration of the constitution by an Act of Parliament passed by both Houses and states the sections that can be altered and the procedures necessary

Back 4

Section 49

Front 5

Section __ provides for Special Acts of Parliament that may be inconsistent with the Bill of Rights that are not literal amendments

Back 5

Section 50

Front 6

What is required fraction of all members of both houses needed to pass Special Acts

Back 6

No less than two-thirds

Front 7

Principle of separation of powers embodied in Constitution confirmed by Privy Council in the case of

Back 7

Hinds v R (1977)

Front 8

What's the historical importance behind the judgment in Hinds v R.

Back 8

Judgement represents first instance in which an Act of Parliament was invalidated as unconstitutional

Front 9

What is the Quorum for a House of Representatives meeting?

Back 9

16

Front 10

What is the Quorum for a Senate meeting?

Back 10

8

Front 11

There special reticals for ...

Back 11

Ordinary

Bill for constitutional amendment

Front 12

The delay procedure for alteration of the Bill of rights includes a period of ________ elapsing between introduction and first debate

Back 12

Three months

Front 13

Alterations requiring a referendum vote requires the amending Bill to be submitted to a referendum not less than ______ and not more than ____ after its passage in both Houses.

Back 13

No less than two months.

No more six months.

Front 14

An Absolute Parliamentary is required to alter

Back 14

•provisions establishing posts of Governor-General

•Acting and Deputy Governor-General

•qualifications and disqualifications for electors

•disqualifications for and the tenure of MP's

Front 15

Two-thirds of parliament is required for.

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•Alteration of Bill of Rights

•Special Act

Front 16

Latin phrase where legislation is found to be in conformity with Constitution.

Back 16

Intra Vires

Front 17

Latin phrase where legislation is found to be unconstitutional and thus null and void.

Back 17

Ultra Vires

Front 18

Ways in which courts interpret the constitution?

Back 18

Restrictive interpretation

Generous interpretation

Front 19

In Collymore v A.G and Girard and St. Lucia Teachers Union v AG the courts used ________ interpretation.

Back 19

Restrictive

Front 20

In Pratt and Morgan the courts used the _________ interpretation.

Back 20

Generous

Front 21

What are the types of legislation?

Back 21

Delegated

Autonomic legislation

Orders in Councils

Front 22

What are 2 Kinds of Acts of Parliament?

Back 22

Private (Proposed by corporations, that affects business)

Public

Front 23

When a Bill is drafted, which house is it introduced to first?

Back 23

House of representatives

Front 24

For the third reading the bill is passed and sent to which House?

Give the name of the house

Back 24

Upper House (The Senate)

Front 25

A Bill becomes an Act when who has assented to it?

Back 25

Governor General

Front 26

After Assent, an Act becomes Law when?

Back 26

The date it is published in the Gazette

Front 27

If a Minister gives notice of the date an Act should be in operation, when does provisions of the Act come into operations?

Back 27

The date stated by the minister

Front 28

What are the types of delegated legislation created by government departments?

Back 28

Regulations

Rules

Orders

Front 29

What are 3 thing cours look at when controlling delagated legislation?

Back 29

The process of creation

In alignment with parent act

In alignment with constitution

Front 30

Legislation can be found to be Ultra Vires, give the types

Back 30

Procedural ultra vires

Substantive ultra vires

Front 31

What's the difference between a bilateral and a unilateral contract?

Back 31

In a bilateral promises are exchanged.

In a unilateral only one party makes a promise.

Front 32

How is a unilateral offer accepted?

Back 32

By doing the required action

Front 33

Give the case for the legal principle.

The offer must be communicated for acceptance or rejection.

Back 33

Taylor v Laird (the ship master)

Front 34

How should an offer be communicated?

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In any manner, no strict manner once it's communicated

Front 35

What makes an invitation to treat different from an offer?

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An invitation to treat is just an indication that a party is willing to enter negotiations. (Black market for intance)

Front 36

Give the case

"Display of goods on shelf is a mere invitation to treat"

Back 36

Pharmaceutical Society of GB v Boots Limited

Front 37

Give the case

A display of goods in a window with a price is mere invitation to treat

Back 37

Fisher v Bell

Front 38

Give case

"An advertisement is a mere invitation to treat"

Back 38

Parttridge v Crittenden

Front 39

Give case

Advertismsnt of a reward for action is unilateral offer.

Back 39

Carlil v Carbolic Smoke Ball Co LTD

Or

Lefkowitz v Great Mineapolis Stores

Front 40

Give case

Events at an auction can be treated as an invitation to treat

Back 40

Payne v Cane

Front 41

Give a case

"Turning up to an auction is not fulfilling the requirements for an offer as seen with a unilateral contract"

Back 41

Harris v Nickerson

Front 42

Give case

"A request for tenders is normally an invitation to treat"

Back 42

Harvea LTD v Royal Trust of Canada

Front 43

An offer maybe terminated by:

Back 43

Revocation

Lapse

Counter Offer

Front 44

When can offeror withdraw their offer?

Back 44

Anytime before the offer has been accepted

Front 45

The revocation must be communicated, so when a message is sent when does revocation takes place (when the message is sent or when the offeree recieves it)?

Back 45

When the offeree recieves it

Case of Byrne v Van

Front 46

Give the case

"Communication of revocation can be made by a 3rd party"

Back 46

Dickerson v Dodds

Front 47

Give the case

"You cannot withdraw the offer once performance of the contract has started"

Back 47

Errington v Errington

Front 48

When an offer lapse it cannot be accepted for 3 reasons, what are they

Back 48

Passage of reasonable time

Death

Failure of a condition

Front 49

An offer lapse due to the death of which party?

Back 49

Or offeror or offeree (either party

Front 50

Which party must make the acceptance to the offer

Back 50

Offeree

Front 51

Give the case

"The acceptance must be a mirror image of the offer or it will be treated as counter offer"

Back 51

Brogden v Metropolitan Railway

Front 52

A person cannit accept an offer which he has no knowledge of

Give the case

Back 52

R v Clarke

Front 53

True or false

"Acceptance can only be communicated by the offeror."

Back 53

False (his agent can accept)

Must be a selected representative of the offeror by which case?

Powell v Lee

Front 54

Give the case

"Generally, silent does not amount ti communicated acceptance"

Back 54

Felthouse v Bindley

Front 55

True or False

"Silence can never lead to acceptance"

Back 55

False

Front 56

Give a common law case that illustrates the postal rule

Back 56

Adams v Linsell

Front 57

When does acceptance take place when communication is done by post based on the postal rule

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When the letter is posted

Front 58

True or false

"You can revoke the offer when the letter of acceptance is posted"

Back 58

False

Front 59

True or false

"The postal rule only applies to letters and telegrams"

Back 59

True

Front 60

True or False

"The postal rule cannot be excluded by the offeror"

Back 60

False

See Howell Securities v Hughes

Front 61

In relation to Instaneous means, what does the case of Brinkibon v Stalag Stahl lay out

Back 61

During normal office hourse acceptance takes place once the message is printed out, not when it's read

Front 62

With a telephone and other instant communication means, when does the acceptance take place?

Back 62

Once the message is recieved

Front 63

Give case

"A supply of information is to be treated as an invitation to treat"

Back 63

Harvey v Facey

Front 64

Consideration can be defined as some benefit accruing to one party or some detriment suffered by the other outlined by the case....

Back 64

Currie v Misa

Front 65

What are the types of Consideration

Back 65

Executory

And Executed

Front 66

Pass consideration is not good consideration for a new promise as seen in the case of...

Back 66

Roscorla v Thomas

Front 67

What conditions support an exception to Past Consideration?

Back 67

Where a promise of consideration is made in exhanged for services requested and rendered. (Case: Lampleigh v Braithwait)

Front 68

Consideration must move......

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From the promisee

Front 69

The only person who can sue on the contract is...

Back 69

The person who pays the price

Front 70

Consideration must be of some value, not necessarily the same value. (Give the case)

Back 70

Thomas v Thomas

Front 71

The rule in Pinnel case states..

Back 71

Part payment on the day the debt is due of less than the full amount of the is NOT consideration to release the balance

Front 72

What's an exception to the rule in Pinnels case.

Back 72

If the creditor agrees to take something different from what he is entitled to

Front 73

A promise to do what you are already bound to do is not consideration (Give Case)

Back 73

Stilk v Myrick

Front 74

Two cases that illustrate an exception to the rule that performance of pre existing duties is not consideration are:

Back 74

Hartley v Ponsoby

Williams v Roffey bros

Front 75

A promise to perform a duty imposed by law is not good consideration (Give Case)

Back 75

Collins v Godefroy