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Law Coursework Cheat Sheet (DRAFT) by

Law Top level introduction and case law

This is a draft cheat sheet. It is a work in progress and is not finished yet.

Negligence and Product Liability

Duty of care: a person undert­aking an activity or course of behaviour owes a duty not to harm any person reasonably expected to be caused loss/d­amage as a result.
Proxim­ity: a suffic­iently close relati­onship must exist between claimant and defendant at the time the dangerous behaviour occurred for a duty of care to exist.
Neighbour princi­ple­: f­orm­ulated in Donoghue v Stevenson, indicating that the defendant owes a duty of care to persons with sufficient proximity to him or her.
Pure economic loss: loss of money alone, not arising from personal injury to the claimant or damage to other property.
Reasonably forese­eab­le:­ limits the scope of duty of care as this is owed only when it is reasonable to anticipate damage to the claimant.
Defect­ive­: goods dangerous physically to person­/pr­operty

Types of Law

 
Civil
Criminal
Purpose
Govern formal and informal relati­onships
Regulate anti-s­ocial behaviour (between government and induvi­dual)
Procedure
Claimant proves defendent liable
Police make decision to procecute
Penalties
Damanges to rectify wrong
Protect society and penalties may deprive freedom
Standard
On a balance of probab­ili­ties- if more likely liable
Guily beyond reasonable doubt

Contract essentials

Offer
Acceptance
Consid­eration
Intention

Offer

Type
Bilateral
Most common - Promise in return for a promise
Unilateral
Promise in return for specified act
e.g. return lost property

Define offer

A clear statement of terms on which the offeror is prepared to do business with the offeree

Offer must include:
1. Clearly stated terms

2. An intention to do business

3. Commun­ication of that intention

Must do of Consid­eration

Not be in past
Move from the promise
Be sufficient
part payment of Debt is insuff­icient

Acceptance

Non condit­ional
Commun­icated to offeror
Mirror image of offer terms

New Laws

Statutory
Common
Parliament has legal right to make laws and delegate
Created by courts i nreaction to cases
Byelaw- created by local author­ities
Have to follow Primary legisl­ation
Statutory - relevant minister
Interp­ative of Primary or Delegated
Orders in council- Queen
Creative powers

Terms of a contract

3 Levels of contracts

Warran­ties- extras that don’t break the whole purpose of contract - not essential for contract to exist like the Conditions
Conditions form structure of contract-
Innominate Terms-

4 Defective contracts

Misrep­res­ent­ation-fraud­ulent, careless and innocent
Mistake- error made in contract
Duress and Undue- Threat of force or influence
Illegality- Cannot create contract which is illegal
 

Consid­eration Types

Executory
Promise to be carried out at a later date
Executed
Promise in return for specified act

Intention

Assump­tions
Social agreements do not intend to be legally bound
 
Parties to a business agreement intend to be legally bound

Negligence vs Product Liability

Negligence
Product Liability
Duty
Liability for defective products
Breach of Duty
Suffered Harm
Causation of harm was not remote

Defence of Negligence

Breaking the chain
Interv­ening event that caused the chain of causation to be broken
Contri­butory negligence
Negligence of victims
Consent to Negligence
Claimant volunt­arily agrees to undertake legal risk

Breach of Duty

Bolam Test
Eggshell skull
Assessing approp­riate standard of care - if met deemed not negligent
Claimant has particular weakness - suffer greater injury defendant will be liable to full injuries

Product Liability

Claimant relieved of need to prove intent or carele­ssness, only has to prove causal link

Economic Loss

Held
Directly conseq­uential loss
Pure economic
Loss of profit or potential profit