ACCA LW flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Ratio decidendi
- The legal reasoning or principle on which a court's decision is based; it binds lower courts in the same hierarchy in later cases with materially similar facts.
- Obiter dicta
- Statements of law made by a judge that are not essential to the decision. They do not bind but may be persuasive in later cases.
- Practice Statement 1966
- Allows the House of Lords (now Supreme Court) to depart from its own previous decisions when it appears right to do so, promoting certainty and flexibility.
- Balance of probabilities
- The civil standard of proof; the claimant must show the alleged facts are more likely than not, exceeding 50 percent likelihood.
- Beyond reasonable doubt
- The criminal standard of proof; the prosecution must make the tribunal of fact sure of guilt, leaving no reasonable doubt.
- Golden rule
- A statutory interpretation approach starting with the literal meaning but avoiding absurd or repugnant results by modifying the words to a sensible meaning.
- Mischief rule
- Statutory interpretation approach asking what defect or mischief the Act was passed to remedy, then interpreting to suppress that mischief.
- Pepper v Hart
- Permits reference to clear ministerial statements in Hansard as an extrinsic aid where legislation is ambiguous, obscure, or leads to absurdity.
- Declaration of incompatibility
- A court finding under the Human Rights Act 1998 that legislation conflicts with a Convention right; it does not invalidate the Act and invites Parliament to amend.
- Distinguishing a precedent
- A court avoids binding precedent by showing the material facts of the current case differ sufficiently from those in the earlier decision.
- Per incuriam decision
- A decision reached in ignorance of a relevant statute or binding authority; it is not binding and may be disregarded.
- Overruling
- A higher court in a later case declares the legal rule in an earlier decision wrong, removing its binding effect prospectively.
- Reversing a decision
- An appellate court changes the outcome of the same case on appeal, substituting its own decision for the lower court's.
- Judicial review
- Procedure by which courts review the lawfulness of public body decisions on grounds such as illegality, irrationality, and procedural impropriety.
- Offer
- A clear expression of willingness to contract on specified terms, made with intention to be bound once accepted.
- Invitation to treat
- A preliminary communication inviting offers rather than capable of acceptance; examples include advertisements, shop displays, and most auction notices.
- Postal acceptance rule
- Acceptance by post takes effect when the letter is properly posted, not when received, provided the offeror contemplated postal acceptance.
- Consideration
- Something of value given by each party in exchange for the other's promise; it must be sufficient but need not be adequate.
- Past consideration
- An act performed before the promise was made; it is generally not good consideration, subject to limited exceptions.
- Intention to create legal relations
- Requirement that parties intend the agreement to be legally binding; presumed in commercial dealings, rebutted in social or domestic arrangements.
- Condition (contract term)
- A major term going to the root of the contract; its breach entitles the innocent party to terminate and claim damages.
- Warranty (contract term)
- A minor term collateral to the main purpose of the contract; breach gives rise to damages only, not termination.
- Innominate term
- A term whose classification depends on the seriousness of the consequences of breach; serious effects permit termination, minor effects permit damages only.
- Incorporation by notice
- A term becomes part of a contract if reasonable steps were taken to bring it to the other party's attention before or at the time of contracting.
- UCTA 1977 reasonableness
- Test for excluding liability in business contracts: the term must be fair and reasonable given the parties' bargaining positions and circumstances known at contracting.
- Misrepresentation
- A false statement of existing fact made by one party that induces the other to enter the contract; remedies vary with fault type.
- Actual authority
- Authority expressly or impliedly conferred on an agent by the principal, allowing the agent to bind the principal in dealings with third parties.
- Apparent authority
- Authority arising where a principal's conduct represents that an agent has authority, and a third party reasonably relies on that representation.
- Salomon principle
- A registered company has separate legal personality distinct from its members, who generally enjoy limited liability for the company's debts.
- Partnership joint liability
- Under the Partnership Act 1890 partners are jointly liable for firm debts, and jointly and severally liable for certain tortious or wrongful acts.
- Unfair dismissal qualifying period
- Generally two years' continuous service is required to bring an unfair dismissal claim, with limited exceptions such as automatically unfair reasons.
- Wrongful dismissal
- A claim for breach of the employment contract, typically dismissal without the required notice; damages aim to put the employee in the position had notice been given.