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20. Study Skills  

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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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

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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

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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

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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

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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

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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’

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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

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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

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2. The English Legal system, Constitution, and Human Rights  

the employers in each case were justified in taking remedial action. Authority for: Indirect effect cases are fact specific but the ECtHR has, in these cases, balanced the ability

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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

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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

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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

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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

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11. The Tort of Negligence  

should examine precedent (earlier cases) and the incremental development of the law by analogy with established authorities. It is only in novel cases, where the established principles

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10. Ending the Contract  

contract. For example, suppose you were to agree to sell a piece of land, fulfil the essential features of a valid contract, and then decide not to proceed. If you return the deposit

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15. Business-related torts  

or metals). 3. In the case of a product that has not been manufactured, won, or abstracted (for example, agricultural products), but which has essential characteristics that are

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9. Unfair terms  

latter. Although the rule is limited to cases involving an ambiguity, the courts have been creative in finding ambiguities, as the following case demonstrates. Houghton v Trafalgar

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4. The Nature of the Agreement  

Offer and Acceptance

able to: • Explain the nature of contracts ( section 4.2 Essentials of a Contract 4.2 ). • Outline the essential elements of a valid contract ( section 4.3 Issues in Contract

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28. The termination of employment  

regarded as coming to an end. In most cases, however, the illness or injury will be less severe and its effects more uncertain. In such cases, a contract will become frustrated at that