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
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
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
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
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
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
Chapter
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
Chapter
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
Chapter
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
Chapter
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
Chapter
5. Intention, Capacity, Consideration, and Privity
account the content of the agreement and all the circumstances surrounding the case. In the following two cases, disputes arose where one party won a prize and there had been an agreement