as clearly and succinctly as you can. Structure and coherence is essential. Try to write legibly. Underline your cases. Give yourself time to read over your work and add in any points
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Chapter
20. Study Skills
Chapter
1. The Nature of English Law
earlier court case used as authority for deciding a later case with similar facts. Respondent The name given in an appeal case to the party who has not brought the appeal case. Statute
Chapter
1. How to Study Law for Businesses
assessments, the names of cases (case law) should be presented either as underlined or (as is used in this text) in italics. This immediately identifies when a case is being referred to
Chapter
14. Discrimination and Health and Safety
respect of discrimination law. The majority of cases, however, are brought by individuals against their employers on a case-by-case basis. Compensation is unlimited in the Employment
Chapter
2. Contract I: essential features of a contract
vital distinction and requires reference to key cases. Problem questions are often used and may follow a similar form to the facts in case law—adverts in shop windows or newspapers/items
Chapter
6. The formation of the contract
158 NLJ 122 This case indicates the courts’ commitment to give effect to business dealings wherever possible, but the courts will only go so far. Where essential terms are missing
Chapter
5. Contract IV: discharge of contract and remedies for breach
as these are equitable, they must be sought within a reasonable time. Key cases Case Facts Principle Hadley v Baxendale (1854) 156 ER 145 Hadley
Chapter
11. Discharge of the contract
become discharged. In some cases (for example, frustration), a contract will be automatically discharged with no possibility of continuance. In other cases (for example, breach), the
Chapter
3. Domestic sources of law
Sir Stephen Brown described the case as ‘most anxious and moving [and that his] heart went out to this applicant who wishes to preserve an essential part of her late beloved husband’
Chapter
5. Establishing an Agreement: Offer and Acceptance
Learning Outcomes • Identify the nature and essential elements of a legally enforceable agreement ( 5.4 The essential features of a valid contract 5.4–5.4.2.2 ) • Differentiate
Chapter
2. The English Legal system, Constitution, and Human Rights
Sources of the Constitution 2.5.1–2.5.1.5 ) • Identify the essential features of the constitution ( 2.5.2 Essential Features of the Constitution 2.5.2–2.5.2.4 ) • Explain the
Chapter
4. Europe and the English legal system
40. Case C-83/91 Wienland Meilicke v ADV/ORGA FA Meyer AG [1992] ECR I-4871. 41. Case C-467/04 Criminal Proceedings Against Gasparini and Ors [2006] ECR I-9199. 42. Case C-320–322/90
Chapter
3. Contract II: mistake, misrepresentation, duress, and undue influence
in the following cases: The subject matter of the agreement is no longer in existence when the contract is established Couturier v Hastie [1856] 5 HL Cases 673 The contract
Chapter
19. Hiring Staff and Establishing the Contract of Employment
Majesty’s Revenue and Customs ). For this reason, careful consideration of the case law is essential to identify the true status of individuals, and thereby the obligations on the parties
Chapter
10. Vitiating factors
The following two cases demonstrate the distinction. In the first case, the mistake related to identity and so the contract was held void, whereas in the second case, the mistake related
Chapter
4. Contract III: contractual terms and statutory protection
contracts are common examination questions. Knowledge and application of case law and statute is essential in this area. Express terms Express terms are, naturally, those that
Chapter
8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy
permitted (see MacMulloch v Imperial Chemical Industries Plc [2008] ). Key cases Case Facts Principle Boston Deep Sea Fishing and Ice Co v Ansell (1888)
Chapter
16. Vicarious liability
‘integration’ test of Rix LJ was to be preferred. Subsequent cases 20 appeared to favour the control test but, in many of these cases, the possibility of imposing dual vicarious liability
Chapter
14. The tort of negligence
regarded as essential. It would appear, therefore, that Lord Oliver in Caparo ‘fatally weakened’ 82 the requirement of voluntary assumption—but this may not be the case. All of these
Chapter
7. Employment I: employment status, equal pay, and equality
identifying the extent of discrimination—especially in cases dealing with the wearing of Islamic headscarves at work. In Case C-157/15 Achbita, Centrum voor Gelijkheid van kansen en