Law Flashcards

Question

What is the role of the Supreme Court in English Law?

Answer 1

Hears appeals from the Court of Appeals. Leave to Appeal is required.

Answer 2

A tort is a civil wrong committed against another person or persons, in the absence of a contract with the wrongdoer.

Answer 3

Fault based - where duty of care has been breached. Strict Liability - no misconduct by the defendant but the claimant has still experienced damage.

Answer 4

Trespass to person. Trespass to land. Economic torts.

Answer 5

– Barristers: * Bar Council * Bar Standards Board * Specialist advocate who conducts cases in court, drafts statement of case, gives opinions on legal problems – Solicitors: * Law Society * Solicitors Regulation Authority * Businessperson who advises clients on legal, financial and other matters

Answer 6

– Lord Chief Justice * Lord Chancellor/Chancellor of the High Court * Justices of the Supreme Court * High Court/Circuit/District judges * Juries – Attorney General * Solicitor General * Director of Public Prosecutions

Answer 7

Key areas of construction: - Infrastructure - Housing - Public non-residential - Private industrial - Private commercial - Repair and maintenance

Answer 8

Key Actors within construction: Suppliers of basic materials, e.g. cement and bricks Machinery manufacturers who provide equipment used on site, such as cranes and bulldozers. Site operatives who bring together components and materials. Project managers and surveyors who co-ordinate the overall assembly. Manufacturers of building components, e.g.windows and doors. Developers and architects who initiate and design new projects. Facility managers who manage and maintain property Providers of complementary goods and services such as transportation, distribution, demolition, disposal and clean-up.

Answer 9

Explanation in economic terms: Scarce resource - finite supply Modifiable – a piece of land can be changed (positively or negatively Variable quality Fixed - location Area preference – some pieces of land are more preferable than others (location, condition etc.)

Answer 10

No intrinsic market value as a passive asset. May have non-market value (natural ecosystem, health etc.). Land can enable an economic function: Resource extraction Agriculture Property development Industrial production

Answer 11

Price is a parameter to express value Land value can be defined as the present value of future income e.g. annual rents Land value may also include perceived value greater than its production value Under free market conditions we would expect land prices to earn a rate of return equal to similar assets But…how do we define the rentable value of land?

Answer 12

According to Ricardo rent arises as the difference between production of Marginal land (On which zero rent accrues) and superior land. As there is general tendency to move from most fertile land (Attracts highest rent) to the less fertile land, a point comes where no rent accrues to what is called a Marginal land.

Answer 13

According to the leftover principle, the bid rent for land equals the difference between total revenue and total cost. Competition for land ensures that the landowner gets the excess of total revenue over total cost.

Answer 14

The value of land is the present value of future rents and rents are dependent on the profitability of activities undertaken. In economic theory. land would be used for the most profitable purpose. Land can be used for various different activities and the activities undertaken can change dependent on: Market signals. New technology. Change in demand. Change in input costs.

Answer 15

City with a Central Business District (CBD) Assumptions: 3 types of land uses (offices, manufacturing, residential). Manufacturing dependant on the import of material and export of finished goods. Agglomeration economies (offices). Economic benefits of concentration and location. Rather than fertility willingness to pay is dependant on accessibility .

Answer 16

What determines land price? Agriculture: Fertility of land. Households: Accessibility to workplaces (i.e. commuting costs). Manufacturing: Accessibility to consumer or suppliers (i.e. distance). Information sector: Accessibility to information.

Answer 17

The physical nature of the product is large, heavy and expensive. The construction industry is dominated by a large number of relatively small firms, spread over a vast geographical area. Demand for activity within the industry is directly determined by the general state of the economy as a whole. The method of price determination is unusually complex due to the tendering process used at various stages. Most projects can be considered as a ‘one-off’, as there is usually some defining quality that make them in some ways unique.

Answer 18

Construction of infrastructure to facilitate trade. Production of capital goods needed to process and manufacture goods (factories). Production of capital goods needed to process and provide services. Maintenance of infrastructure and building stock.

Answer 19

Bon Curve (1992) used to explain the role of construction in a country’s development.

Answer 20

Owner-occupied. Private rented. Local authority rented housing. Registered social landlord.

Answer 21

“fixtures” become part of the land and cannot be removed.

Answer 22

“chattels” remain independent and can be removed.

Answer 23

Freehold and Leasehold. The freeholder of a property owns it outright, including the land it's built on. With a leasehold, you own the property (subject to the terms of the leasehold) for the length of your lease agreement with the freeholder.

Answer 24

A system of laws based on customs and court decisions rather than on written laws made by a parliament.

Answer 25

A contract or grant that creates an estate in land for a term of years absolute. A legal lease must normally be created by deed.

Answer 26

A personal right to treat land in a particular way.

Answer 27

The two covenants in lease law which are: positive and negative. Positive – such as a freeholder promising to carry out maintenance work to ensure the upkeep of the block. Negative – restrictive covenants that stop things being done to/at the block.

Answer 28

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it.

Answer 29

A profit a prendre is a right to take something from another person's land.

Answer 30

The four essentials of an easement are: (1) There must be a dominant and servient tenement. (2) The easement must accommodate the dominant tenement. (3) The dominant and servient tenements must be owned or occupied by different persons. (4) The right claimed must be capable of forming the subject matter of a grant.

Answer 31

A private nuisance involves substantial interference with the use or enjoyment of land, while public nuisance involves unlawful acts or omissions causing widespread harm.

Answer 32

The general aim of an award of damages in tort is to put the injured party in the same position as they would have been in if the tort had not occurred. Damages in tort aim to restore the claimant to their pre-incident position.

Answer 33

The rule in Rylands v Fletcher is a legal principle in UK tort law, which establishes that a person who keeps a dangerous substance on their land, and it escapes causing damage to a neighbour's property, may be held strictly liable for the damage caused.

Answer 34

The harm must be reasonably foreseeable as a result of the Defendant's conduct; the parties' relationship must be proximate; and. it must be fair, just and reasonable to impose liability.

Answer 35

A tort is a civil wrong by the 'tortfeasor' that unfairly results in loss or harm to another. This makes the tortfeasor liable to the other.

Answer 36

“carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any building or other land.”

Answer 37

“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."

Answer 38

‘Land includes land of any tenure, and mines and minerals … buildings or parts of buildings … and other corporeal hereditaments; also … a rent, and other incorporeal hereditaments, and an easement right, privilege, or benefit in, over, or derived from land but not an undivided share in land.’

Answer 39

* Lease - exclusive possession –Interest in land * License – shared possession –Personal right * Lodger * Licensee * anyone with permission to be there

Answer 40

Street v Mountford 1985 – “a tenant armed with exclusive possession can keep out strangers and the landlord” – Personal right – Look to substance of agreement

Answer 41

‘land’ means the soil, rocks, minerals and the air above, including things growing on the land and buildings attached to it

Answer 42

‘Land includes land of any tenure, and mines and minerals … buildings or parts of buildings … and other corporeal hereditaments; also … a rent, and other incorporeal hereditaments, and an easement right, privilege, or benefit in, over, or derived from land but not an undivided share in land.’

Answer 43

Equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter.

Answer 44

Claimant must show ‒ Defendant owed them a duty of care ‒ There was a breach of that duty ‒ Foreseeable damage was caused by that breach

Answer 45

– This, as such, is not an independent tort. At times, a person is deemed to be legally responsible for torts committed by others. Liability arises because of the relationship between the parties and is known as vicarious liability. – In English Law, The principle is that an employer is liable for any torts committed by employees during the course of their employment.

Answer 46

The Bolam test is the standard test that is used to establish whether the duty of care has been breached.

Answer 47

The 'but for' test is a standard used in UK law to determine causation in negligence claims.

Answer 48

The facts speak for themselves.

Answer 49

“in settling the sum of money to be given for reparation of damages you should as nearly as possible get at that sum of money which will put the party who has been injured, or who has suffered, in the same position as he would have been in if he has not sustained the wrong for which he is now getting his compensation or reparation.”

Answer 50

* Must not be “too remote” i.e. damage of a kind that is reasonably foreseeable. –Wagon Mound No 1 [1961] (wharf) * Damage must be reasonably foreseeable * Exception Pure Economic Loss

Answer 51

The rule of law on which a judicial decision is based.

Answer 52

* Occupiers Liability Act 1957 – Occupier liable * Includes someone exercising a degree of control – Lawful visitors * Reasonably safe * Reasons permitted to be there – Defence * Adequate warning of dangers * Independent contractors * Occupiers Liability Act 1984 – Limited duty to non visitors * Lawful– exercising right of way * Unlawful– trespassers * Includes children

Answer 53

* Limitation Act 1980 – Property– 6 years – Personal injury/ death– 3 years (from cause of action arises or from date of knowledge). – Fraud– 6 years from date when reasonably could have known apart from deliberate concealment. – Latent damage (six years from cause of action or 3 years from date of knowledge– longstop 15 years from last act). – Accord and satisfaction– (by settlement or agreement).

Answer 54

Rectification is an equitable remedy by which the court may amend the terms of a legal document which, because of a mistake, fails accurately to reflect the intention of the parties to it.

Law Flashcards

(80 cards)