ACCA LW study materials
ACCA LW study resources

ACCA LW flashcards

ACCA LW · Build recall with a focused review session.

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.