01 Law and Legislation Flashcards
Explain how laws are made by the British government.
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What is the role of the House of Lords in the law making processes?
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What is case law and why is it relevant?
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What is tort law?
- Civil wrongs, whether intentional or accidental, from which injury to another occurs
- Rights and obligations are created by the courts applying common law
- Includes negligence, nuisance, trespass, defamation etc.
Explain a piece of case law that you are aware of that relates to tort law.
Donoghue v Stevenson (1932) - created the modern concept of negligence by setting out general principles whereby one person would owe a duty of care to another
In terms of legislation, what is the difference between a green paper and a white paper?
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What are the minimum requirements for establishing a legally binding contract?
- Offer
- Acceptance
- Consideration
- Intention to create legal relations
What is meant by the term ‘consideration’ in contract law?
Both parties must receive something of value for performance of their side of the contract (e.g. goods/services in exchange for money)
Is contract law the same throughout the UK?
No - consideration is not required in Scotland - a donation (e.g. providing goods/services for free) is accepted in their law of contract
Must a contract be in writing?
Contracts can either be in writing or verbal, however it is difficult to prove the terms of a verbal contract should a dispute arise
Explain a piece of case law that you are aware of that relates to contract law.
Carlill v Carbolic Smoke Ball Co. (1892) - held that an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms
What legislation affects contracts in the UK?
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All contract documents have been compiled and signed by your client but not the contractor. You are now 3 months into the construction period and the contractor is working on site and is on programme. Is there a contract in place?
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What is the significance of the Building Act?
- Primary, enabling legislation under which secondary legislation (e.g. the Building Regulations) are made
- Empowers the Secretary of State to make regulations for the purpose of:
- Securing health, safety, welfare and convenience of people in or about buildings
- Furthering conservation of fuel and power
- Preventing waste, undue consumption, misuse or contamination of water
- Allows Local Authorities to enforce the Building Regulations
- Sets the status of the Approved Documents
- Creates the role of ‘approved inspector’
- Sets out procedures for notifications, inspections, determinations, relaxations, exemptions and appeals
What is the significance of the Construction Act?
The Construction Act (full name: The Housing Grants, Construction and Regeneration Act 1996) was introduced to ensure payments are made promptly throughout the supply chain and that disputes are resolved swiftly
