Business Law

Question 1

Separate legal identity (owned by shareholders, managed by directors)

Answer 1

Salomon V A Salomon Co Ltd (1897)

Question 2

no divided payable until it is declared

Answer 2

bond v barrow haemattie steel co (1902)

Question 3

fiduciary duties, duty to company as a whole over interest of employees

Answer 3

parke v daily news (1961)

Question 4

directors held personally responsible for company debts due to failure to keep proper books of accounts

Answer 4

conroy v cornell 2003

Question 5

purpose of audit is to protect the company, watch dog not bloodhound

Answer 5

kingston cotton mill co (1896)

Question 6

auditors can be liable where they fail to make checks

Answer 6

thomas gerrard & sons (1968)

Question 7

auditors can be liable where negligence takes place

Answer 7

caparo industries v dickman (1990)

Question 8

Control test, employer will exert more direct control

Answer 8

roche v kelly (1969)

Question 9

integration test, is their work a part of the core business of the employer

Answer 9

in re sunday tribune (1984)

Question 10

enterprise test, working on their own account or for ‘employer’

Answer 10

market investigations v minister for social security (1969)

Question 11

reality test, how is the relationship defined by the parties involved

Answer 11

massey v crown life insurance (1978)

Question 12

teacher lawfully dismissed because her lifestyle was in conflict with values school sought to promote

Answer 12

flyyn v power (1985)

Question 13

constructive dismissal

Answer 13

conway v ulster bank (1981)

Question 14

minimum notice periods, bolands limited v ward (1998)

Answer 14

minimum notice and terms of employment act 1973-2005

Question 15

provides minimum entitlement for redundancy payments for employees with set period of employment

Answer 15

redundancy payment act 1967-2014

Question 16

buyer beware

Answer 16

caveat emptor

Question 17

not for profit not a consumer

Answer 17

cunningham v woodchester investments (1984)

Question 18

exception if buyer didnt rely on sellers skill or judgement or if it was unreasonable to rely on seller

Answer 18

godely v perry (1960)

Question 19

goods have to match sample and description

Answer 19

nichol v godts (1854)

Question 20

14 day cooling of period change of mind for any reason

Answer 20

off premises and distance contracts consumer rights directive 2011

Question 21

causation, other parties actions resulted in your injury

Answer 21

breslin v corcoran (2003)

Question 22

neighbour principle

Answer 22

donoghue v stevenson (1932)

Question 23

“reasonable man” test, take reasonable care to avoid foreseeable harm

Answer 23

sullivan v creed (1904)

Question 24

burden of proof lies with plaintiff except where the thing speaks for itself, defendant has sole control, etc

Answer 24

Byrne V Boadle (1863)

Question 25

damage has occurred, injury must be foreseeable, BUT egg shell skull rule

Answer 25

burke v john paul (1967)

Question 26

intervening ac solely the cause for damages

Answer 26

Canole V Redback Oyster Company (1976)

Question 27

contributory negligence

Answer 27

O Leary V O Connell (1968)

Question 28

vicarious liability , liable for the actions of others

Answer 28

IIkiw V Samuels (1963)

Question 29

if relationship of proximity where carelessness may cause damage the a duty of care arises

Answer 29

anns v merton london borough council (1978)

Question 30

professional negligence

Answer 30

doran v delaney (1998)

Question 31

inevitable accident, no reasonable precaution would have prevented

Answer 31

stanley v powell (1891)

Question 32

consent of plaintiff, konwledge of risk alone not sufficient, knowledge and appreciation of physical risk to the extent of surrendering legal rights must be shown

Answer 32

Regan V Irish Automobile Club (1990)

Question 33

necessity, no other reasonable alternative, prevent a greater evil

Answer 33

Cope V Sharpe (1912)

Question 34

statute authority, statute expressly authorises

Answer 34

smith v wexford county council (1953)

Question 35

statute of limitations, limited time, 2 years for personal injury, vary per wrongdoing, time extended if under age

Answer 35

Kelly V O’Leary 2001

Question 36

illegality

Answer 36

Anderson V Cooke 2005