Unit 2

Question 1

What is negligence

Answer 1

the failure of care to something or someone

Question 2

What 3 elements must be proven to claim negligence

Answer 2

If there is a duty of care, was there a breach, did the breach cause loss

Question 3

What is a contract

Answer 3

An agreement between 2 (or more) parties that is legally binding.

Question 4

What are the 6 elements to contract law

Answer 4

intention, offer and acceptance, consideration, genuine consent, capacity and legality

Question 5

What is an offer

Answer 5

An offer is a proposal by one party to enter into a legally binding agreement. It can be orally, in writing or by your contract.

Question 6

What are the rules as to offer

Answer 6

1. offer can be made to one person, a group or the whole world
2. must be communicated
3. can be revoked
4. offer can lapse

Question 7

What are the rules as to acceptance

Answer 7

1. acceptance must be communicated
2. must be unconditional
3. conditions must be followed
4. acceptance cannot be revoked
5. existence of offer must be present

Question 8

What are the postal rules

Answer 8

1. offer made by letter may be accepted by letter
2. offer is not communicated until received
3. acceptance happens when it is posted
4. revocation must reach offeror before posting acceptance

Question 9

What is consideration

Answer 9

Consideration is the gain or benefit that is obtained under a contract.

Question 10

What are the rules of consideration

Answer 10

1. must exist in every contract (except deed)
2. must not be illegal
3. must be definite
4. must be possible
5. cant be something you are already obliged to do
6. can be a promise to not take legal action

Question 11

What is your neighbour in the topic of negligence

Answer 11

Your neighbour is someone who can reasonably be expected to be affected by your act or omission

Question 12

What are ways an offer can lapse

Answer 12

1. time period
2. death or loss
3. loss of capacity
4. reasonable time
5. counteroffer

Question 13

can acceptance be revoked by the offeree

Answer 13

acceptance cannot be revoked unless offeror agrees

Question 14

can a contract exist without being in writing

Answer 14

important agreements should be in writing but dont have to be (e.g. milkman)

Question 15

what is the difference between an offer and an invitation to treat

Answer 15

An invitation to treat is an offer for someone else to make an offer to you

Question 16

what are the rules concerning the legality of an object in a contract

Answer 16

the contract must be legal and cannot contain anything illegal

Question 17

how does a deed differ from a contract

Answer 17

a deed does not have consideration

Question 18

define forseeability

Answer 18

The neighbour principle works of the concept of is what you do reasonably foreseeable

Question 19

what capacities prevents certain people from entering a contract

Answer 19

mental disability, bankruptcy and infants

Question 20

what is the case that started negligence and duty of care

Answer 20

Donoghue V Stevenson (snail case)

Question 21

what are the 3 different types of proximity

Answer 21

casual, physical and circumstancial

Question 22

what is violenti non-fit injuria

Answer 22

full defence (voluntary assumption of risk)

Question 23

what are torts

Answer 23

classification of civil actions

Question 24

what are negligence defences

Answer 24

contributory and volenti non-fit injuria

Question 25

what is contributory negligence

Answer 25

partial defence and both parties have been negligent

Question 26

what are implied terms of a contract

Answer 26

A term can be implied (not explicitly stated) into a contract through: - The courts - Custom or trade usage - Legislation

Question 26

who can enter a contract

Answer 26

everyone except for infants, mental disabled and if you are bankrupt

Question 27

define misrepresentation

Answer 27

Representation that is untrue (statements around the contract that are untrue) This can be both deliberate (fraudulent) and innocent (an accident)

Question 28

what is duress

Answer 28

Someone forces you to enter a contract  violence, threats to other people, emotional  Voidable

Question 29

what are exemption clauses used for

Answer 29

An exemption clause is designed to remove liability for one’s actions under a contract.

Question 30

what is novus actus interviens

Answer 30

new intervening act

Question 31

what is the 'but for' test used for

Answer 31

to determine if breach caused loss

Question 32

what is vicarious liability

Answer 32

where employers can be held vicariously liable for the wrongful actions of their employees if this act took place in the course of employment.

Question 33

is a deal between siblings a contract

Answer 33

no because it is not legal binding

Question 34

if a product is listed at a cheaper price compared when the cashier scans it, does the store have to comply with the listed price

Answer 34

no because it is an invitation to treat and not an offer

Question 35

in what circumstances can someone under 18 enter a contract

Answer 35

for a necessary cause - something that is necessary for a minor to enjoy the lifestyle they are accustomed to. - employment contracts - shares - as long as they keep them after turning 18