Whether a Representation or a Term
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This document discusses four factors that determine whether a statement constitutes a representation or a term of a contract: 1) The importance of the statement to the parties, 2) Whether the statement was included in a signed document, 3) The timing of the statement in relation to the contract, and 4) Whether special skills or knowledge were needed to evaluate the statement. It analyzes four cases that demonstrate how these factors were applied to determine if statements were representations or terms.
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![1. Importance of Statement:
Bannerman v White [1861]
Held: Seller’s statement was understood and intended
by both parties to be part of the contract. A reasonable
man would not buy if he had known that the hops had
sulphur.
• The importance of the statement](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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The role of a Programme Lead in the continuous enhancement and improvement of the student experience in an online education setting.
Indirect intention
This document discusses the legal principles of oblique intent in criminal cases. It outlines several important court cases that have helped define how intent can be established through foreseeability of consequences:
- DPP v Smith established that a person intends the natural and probable consequences of their actions.
- Hyam v DPP found that intent exists when a person foresees a consequence as being highly probable due to their actions.
- More recent cases like Nedrick, Woolin, and Matthews and Alleyne have confirmed that a jury can only find intent if the consequence was virtually certain and the defendant appreciated this, establishing foreseeability of consequences as a rule of evidence for intent.
Actus reus
This document defines and discusses the legal concept of actus reus. It begins by defining actus reus using four sources of authority as the physical act of the crime, an act, a failure to act (omission), or a "state of affairs". It then describes actus reus as generally requiring a positive act, with an exception for cases like R v Larsonneur that involve a state of affairs. Finally, it explains five situations in which an omission may amount to actus reus: 1) when a legal duty exists, such as the duty of parents to care for children; 2) when a duty arises from a relationship; 3) when a duty arises from undertaking someone's care; 4
Causation and drugs cases
This document summarizes several cases related to causation and drugs:
- R v Cato established that administering a noxious substance that causes death is an offence under the 1861 Offences Against the Person Act.
- R v Dalby rejected prosecution for death caused by illegally supplying drugs, as the supply did not directly cause death.
- R v Khan suggested non-action could establish liability if there is a duty to summon medical help in an overdose situation.
- R v Evans upheld conviction for gross negligence manslaughter when the appellant supplied heroin to her sister, recognized the sister's overdose symptoms, but failed to seek medical help, causing her death.
Section 25 of the Matrimonial Causes Act 1973: Financial factors
The document discusses UK laws governing finances in divorce cases, including the Matrimonial Causes Act 1973 and related case law. It outlines the courts' powers to approve and change the financial positions of parties upon divorce. It describes the factors courts must consider under section 25 of the MCA 1973, such as the financial resources and needs of the parties, the standard of living enjoyed during the marriage, and the conduct of the parties. Case law is discussed that provides guidance on applying these statutory factors.
Judicial Separation in England and Wales
An applicant for legal separation must prove one of five facts under the Matrimonial Causes Act 1973 to be granted a separation. A legal separation and divorce have similar effects, including preventing inheritance, ending cohabitation obligations, and allowing financial relief. If divorce is barred, one can pursue legal separation instead within the first year of marriage by proving any of the five facts, without needing to show an irretrievable breakdown of the marriage. A legal separation can result in financial orders, maintenance obligations, an end to cohabitation, barring inheritance, and the potential for reconciliation if remarriage is prohibited.
Civil Partnerships in England and Wales
Civil partnerships allow same-sex couples to legally recognize their relationship, equivalent to marriage. Partners obtain property rights, inheritance, and pension benefits. To end a civil partnership, one must apply for dissolution after one year, which deals with financial and property settlements similarly to divorce. Grounds for dissolution include irretrievable breakdown, two years living apart by consent, or five years living apart. Nullity or separation orders are also possible under certain conditions.
Criminal damage
The document discusses criminal damage offenses under the Criminal Damage Act 1971. It outlines the 3 offenses as basic criminal damage, aggravated criminal damage, and arson as defined in Section 1 of the Act. For basic criminal damage, the 3 elements that must be proven are: 1) destruction or damage, 2) to property, and 3) belonging to another. Damage is broadly defined based on case law. Aggravated criminal damage requires the additional element of intending or recklessly endangering life. Defenses to criminal damage are also provided in Section 5 of the Act.
Criminal Law: Intoxication
This document summarizes several cases related to the defense of intoxication in criminal law. It establishes that voluntary intoxication generally cannot be used as a defense, as drunken intent is still considered intent. However, if a defendant was intoxicated to the point of lacking the necessary mental state or mens rea for the crime, intoxication could provide a defense for crimes requiring specific intent but not crimes of basic intent or manslaughter. Subsequent cases further clarified that mistakes due to intoxication cannot be relied on as a defense and that involuntary intoxication is also not a valid defense.
Criminal Law: Diminished Responsibility
This document outlines the four elements of the diminished responsibility defense in criminal cases in the UK: 1) the defendant had an abnormality of mental functioning, 2) the abnormality was a recognized medical condition, 3) the abnormality substantially impaired the defendant's ability to understand their actions, and 4) the abnormality provides an explanation for why the defendant carried out the killing. Case law has established that the impairment does not need to be total and is determined by a jury to be something between total and trivial or minimal. The abnormality and impaired state of mind must also be present at the time of the alleged killing.
Tort Law: Public Policy And Psychiatric Injury
This document discusses several court cases related to public policy and psychiatric injury from tort cases. It establishes that courts now have the power to consider public policy implications when imposing liability. One case did not impose liability on police who failed to act on a warning about a teacher who later killed a student, though this was later challenged. The standard for primary victims claiming psychiatric injuries was that injuries must be reasonably foreseeable, and secondary victims must meet four criteria including witnessing the incident and having a close relationship to the primary victim.
Tort Law: Causation
This document discusses several legal cases related to causation in tort law. It covers topics such as: factual causation tests like the "but for" test; multiple causes of harm where a defendant's actions contributed materially to the damage; intervening acts that may break the chain of causation; the thin skull rule where defendants must take victims as they find them; and the test that the harm suffered must be reasonably foreseeable to be recoverable.
Unfair dismissal
This document discusses unfair dismissal, including:
- 4 types of dismissal: fair, unfair, wrongful, constructive
- What constitutes unfair dismissal, including dismissal for a potentially fair reason without following fair procedure
- 4 automatically unfair reasons for dismissal relating to pregnancy, family reasons, representation, pay and hours
- 5 potentially fair reasons for dismissal under UK law: conduct, capability, redundancy, statutory restriction, other substantial reasons
- The 5 preliminary requirements for an unfair dismissal claim: 1 year continuous service, employee was dismissed, claim brought on time, not an excluded category, effective date of termination
English Legal System
This document discusses the definition of law according to five academics and classifies law into seven main categories. It defines law as a body of rules fixed and enforced by a sovereign authority according to John Austin, and as a system of rules according to Professor Hart. Law can also be seen as an embodiment of reason (Plato) or a tool of control (Marxist theory). The seven classifications of law covered are domestic, European, international, public, private, civil, and criminal law.
Delegated Legislation: Substantive ultra vires
The document discusses the concept of substantive ultra vires, which allows courts to intervene when public authorities abuse their powers by creating laws illegally or unreasonably. It provides examples of cases where authorities have overstepped their powers, such as giving a government department more authority than Parliament or forcing people to remove snow when they lacked that authority. Courts can review delegated legislation for unreasonable acts under the concept of substantive ultra vires.
Delegated Legislation: Procedural Ultra Vires
Procedural ultra vires occurs when a public authority exceeds its powers by failing to follow mandatory procedural requirements in its enabling act. Case law has established that statutory instruments will be invalidated if mandatory consultation or publication requirements are not followed, but not if the procedures are only directory. For example, in R v Secretary of State for Education and Employment, a statutory instrument setting teacher pay conditions was ruled ultra vires for failing to follow the powers granted by the enabling act.
Contract Case law: Offer
This document summarizes several contract case law rulings related to offers:
1) R v Clarke and Taylor v Laird established that for an offer to be accepted, the offeree must have knowledge of the offer and intend to accept it at the time of the alleged acceptance.
2) Partridge v Crittenden, P.S.G.B. v Boots Chemists, Fisher v Bell, and Harvey v Facey ruled that shop displays and advertisements are invitations to treat, not offers, which can be revoked before acceptance.
3) Carlill v Carbolic Smoke Ball Co established that advertisements can constitute unilateral offers in exceptional cases.
Statutory Interpretation: The Mischief Rule
The document discusses two cases related to the mischief rule:
1) Smith v Hughes (1960): The court applied the mischief rule to hold that prostitutes soliciting from private premises like windows/balconies were within the intended target of the Street Offences Act, even though a literal reading placed their actions in a private place.
2) Corkery v Carpenter (1950): The court applied the mischief rule to hold that a bicycle constitutes a "carriage" under the relevant law, as the aim was to prevent drunk people from being in control of transport on highways.
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Whether a Representation or a Term
- 1. Whether a representation or a term depends on: 1. Importance of Statement 2. Signed Document? 3. Timing of Statement 4. Specialist skill or knowledge
- 2. 1. Importance of Statement: Bannerman v White [1861] Held: Seller’s statement was understood and intended by both parties to be part of the contract. A reasonable man would not buy if he had known that the hops had sulphur. • The importance of the statement
- 3. 2. Signed Document: L’Estrange v Graucob [1934] Held: Has the Statement been put in writing? Even though she had not read the document, she was unable to take any action against the seller because by signing the document she had effectively signed her rights away.
- 4. 3. Timing of Statement: Routledge v McKay [1954] Held: The statement was not a term of the contract because of the length of time between the making of the statement and the contract date. The proper course of action would be for misrepresentation and not for breach of contract.
- 5. 4. Specialist skill or knowledge: Dick Bentley v Harold Smith Motors Ltd 1954 Held: D’s statement in relation to the mileage of the car was a term of the contract. The Ds were, as motor dealers, involved in the running of a car business whereas the plaintiffs were not. Therefore it was reasonable for the plaintiffs to rely on the statement made by the Ds.