ACCA LW cheat sheet

Sources of English law ranked: EU-derived retained law, statute, statutory instruments, common law (case law), then custom/books of authority as persuasive only.

Doctrine of precedent: ratio decidendi binds lower courts; obiter dicta is persuasive only. Supreme Court (and former House of Lords, post-1966 Practice Statement) may depart from its own decisions.

Court hierarchy (civil): Supreme Court, Court of Appeal, High Court (King's Bench, Chancery, Family), County Court. Appeals generally go up one level.

Court hierarchy (criminal): Supreme Court, Court of Appeal (Criminal Division), Crown Court, Magistrates' Court. Magistrates' Court sentencing powers are capped (max 12 months for one offence).

Civil case burden and standard: claimant proves on the balance of probabilities. Criminal: prosecution proves beyond reasonable doubt.

Human Rights Act 1998: courts must interpret legislation compatibly with Convention rights so far as possible; a declaration of incompatibility does not invalidate the Act.

Judicial precedent avoids rigidity via distinguishing, overruling, reversing, and per incuriam decisions.

Statutory interpretation rules: literal, golden, mischief, and purposive approaches; aids include intrinsic (long title, preamble) and extrinsic (Hansard per Pepper v Hart, dictionaries).

Contract formation: offer, acceptance, consideration, intention to create legal relations, capacity. Acceptance must be communicated; postal acceptance takes effect on posting (household/extended exceptions apply).

Invitation to treat vs offer: advertisements, displays of goods, auctions, and tenders are generally invitations to treat (Fisher v Bell; Partridge v Crittenden).

Consideration must be sufficient but need not be adequate; past consideration is no consideration; performance of an existing duty generally is not good consideration unless exceeds duty or benefits a third party.

Terms: conditions (major, allow termination and damages), warranties (minor, damages only), innominate terms (remedy depends on effect of breach). Exclusion clauses must be incorporated, cover the loss, and satisfy UCTA 1977 / CRA 2015 reasonableness.

Misrepresentation: false statement of fact inducing contract; remedies depend on type (fraudulent, negligent, innocent). Rescission and/or damages may be available.

Agency: agent binds principal where actual (express/implied) or apparent (ostensible) authority exists; undisclosed principal may sue/be sued. Ratification validates unauthorised acts.

Partnership (Partnership Act 1890): partners jointly and severally liable for firm debts; no separate legal personality. Companies Act 2006: separate legal personality (Salomon), limited liability, directors' duties codified ss.171-177.

Employment: employee vs independent contractor distinction (control, integration, multiple tests). Unfair dismissal requires qualifying service (normally 2 years) and a potentially fair reason; wrongful dismissal concerns breach of contract.