A. English Law:
1. 2 sources of law: statutes, case law
2. 12 jurors in crown court
3. Judges: decide almost all civil cases, determine remedies; decide sentences to be imposed in criminal
cases, handle all appeal cases
4. Magistrates: decide mostly minor criminal cases, mostly non-lawyer
5. Jurors: determine guilt or innocence in criminal cases
6. Barristers: principally advocates in courts, specialists in certain areas of litigation, self-employed
7. Solicitors: mainly advise clients, draft contracts, wills, can represent clients in lower courts
Become solicitors without law degree -> Chartered Institute of Legal executive route
8. Criminal law: punish the wrongdoer
Civil law: compensate a person who has suffered loss or injury or to prevent unlawful acts
B. Contract Law:
1. A contract: agreement, 2 or more parties, legally binding
2. Contract law is necessary because: clarifies rights, obligations, remedies
3. Form of a contract: No, some exceptions (land and copyright agreement), verbal/ written/ conduct
4. Measure of damages in contract: injured party, contract fulfilled
5. 4 elements to form a valid contract: agreement, consideration, intention, certainty
6. Offer: proposal of terms, binding if accepted
7. Invitation to treat: expression of willingness to contract/ negotiate
8. How long an offer last: revocation/ acceptance/ counter-offer/ set period of time/ lapse of a reasonable
period of time/ death of offeror/offeree, condition not fulfilled
9. To accept an offer: communicated/ positive action (verbal, writing or conduct)/ silence none
10. Intention to be legally bound: presumptions/ rebuttal by clear evidence
11. Consideration: something promised in exchanged for something promised
12. Privity of a contract: private between parties, no third party can sue, be sued
13. Contracts (Rights of Third Parties) Act 1999: Tweddle v Atkinson
Original Contract must state: beneficiary, benefit, express right to sue
14. bilateral contract: mutual and concurrent , exchange of promise
Unilateral contract: promise to be bound, if other performs some act
15. valid: exist in law
void: never existed in law
voidable: injured party can avoid the contract and be restored to pre-contract position
16. terms: parts of a contract that both parties have agreed to
17. mere puff: grossly exaggerated claim not reasonably expected to be true
18. representation: statement about the contract, not form part of the contract
19. Action for misrepresentation
20. Misrepresentation: Untrue statement, of a material fact, which induces the contract
Types: fraudulent (under the Tort of deceit), negligent (under Misrepresentation Act 1967),
innocent(Misrepresentation Act 1967)
21. Conditions: major terms of the contract (breach -> repudiate and/or claim damages)
Warranties: minor terms (breach-> right to claim damages)
Innominate terms: may be either conditions or warranties depending on the seriousness of the effects of
breach (assess from clear wording, status of any implied terms or the damaged test- the damage
resulting is so extensive that the innocent party would be substantially deprived of the benefits of the
contract) (type of term breached determines terminating the contract and claim damages or claim only)
22. Express term: specifically stated/agreed
Implied terms: not stated/agreed but inserted by either Statute, Courts or custom
1. 2 sources of law: statutes, case law
2. 12 jurors in crown court
3. Judges: decide almost all civil cases, determine remedies; decide sentences to be imposed in criminal
cases, handle all appeal cases
4. Magistrates: decide mostly minor criminal cases, mostly non-lawyer
5. Jurors: determine guilt or innocence in criminal cases
6. Barristers: principally advocates in courts, specialists in certain areas of litigation, self-employed
7. Solicitors: mainly advise clients, draft contracts, wills, can represent clients in lower courts
Become solicitors without law degree -> Chartered Institute of Legal executive route
8. Criminal law: punish the wrongdoer
Civil law: compensate a person who has suffered loss or injury or to prevent unlawful acts
B. Contract Law:
1. A contract: agreement, 2 or more parties, legally binding
2. Contract law is necessary because: clarifies rights, obligations, remedies
3. Form of a contract: No, some exceptions (land and copyright agreement), verbal/ written/ conduct
4. Measure of damages in contract: injured party, contract fulfilled
5. 4 elements to form a valid contract: agreement, consideration, intention, certainty
6. Offer: proposal of terms, binding if accepted
7. Invitation to treat: expression of willingness to contract/ negotiate
8. How long an offer last: revocation/ acceptance/ counter-offer/ set period of time/ lapse of a reasonable
period of time/ death of offeror/offeree, condition not fulfilled
9. To accept an offer: communicated/ positive action (verbal, writing or conduct)/ silence none
10. Intention to be legally bound: presumptions/ rebuttal by clear evidence
11. Consideration: something promised in exchanged for something promised
12. Privity of a contract: private between parties, no third party can sue, be sued
13. Contracts (Rights of Third Parties) Act 1999: Tweddle v Atkinson
Original Contract must state: beneficiary, benefit, express right to sue
14. bilateral contract: mutual and concurrent , exchange of promise
Unilateral contract: promise to be bound, if other performs some act
15. valid: exist in law
void: never existed in law
voidable: injured party can avoid the contract and be restored to pre-contract position
16. terms: parts of a contract that both parties have agreed to
17. mere puff: grossly exaggerated claim not reasonably expected to be true
18. representation: statement about the contract, not form part of the contract
19. Action for misrepresentation
20. Misrepresentation: Untrue statement, of a material fact, which induces the contract
Types: fraudulent (under the Tort of deceit), negligent (under Misrepresentation Act 1967),
innocent(Misrepresentation Act 1967)
21. Conditions: major terms of the contract (breach -> repudiate and/or claim damages)
Warranties: minor terms (breach-> right to claim damages)
Innominate terms: may be either conditions or warranties depending on the seriousness of the effects of
breach (assess from clear wording, status of any implied terms or the damaged test- the damage
resulting is so extensive that the innocent party would be substantially deprived of the benefits of the
contract) (type of term breached determines terminating the contract and claim damages or claim only)
22. Express term: specifically stated/agreed
Implied terms: not stated/agreed but inserted by either Statute, Courts or custom
