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Legal Areas - Coggle Diagram
Legal Areas
Tort
Key cases
- Various Claimants v Wm Morrisons Supermarkets plc (2020)
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- Robinson v Chief Constable of West Yorkshire Police (2018
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- Donoghue v Stevenson (1932):
foundation of the UK's modern law of negligence & the rights of the consumers with regards to goods & services provided by producers
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Key theories
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situations where actions by the defendant causes unreasonable interference with a private individual’s land or enjoyment of their land.
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generally awarded to restore the plaintiff to the position they were in had the tort not occurred and compensate them for the loss suffered.
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- Exemplary/punitive damages
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= cause of action under the law. Torts, breaches of contracts and breach of trust all constitute civil wrongs.
Causations
must be shown that the loss or harm was caused as a result of the action taken by the defendant whether directly or indirectly
Contract law
Key Cases
- Carlill v. Carbolic Smoke Ball Company (1893)
established the principle that an offer can be made to the world at large, and that acceptance of such an offer can create a binding contract.
- Bunge Corporation v. Tradax SA (1981)
established the principle that force majeure clauses are to be interpreted narrowly, and that they will only excuse performance in very specific circumstances that are beyond the control of the parties.
- MWB Business Exchange Centres Ltd v. Rock Advertising Ltd (2018)
affirmed the principle that parties are generally free to agree on the terms of their contract, and that NOM clauses are enforceable if they are clear and unambiguous.
Brief definitions
Body of law governing the formation, interpretations, enforcement of agreements between individuals or businesses, ensuring that both parties entered have agreed upon a clear and enforceable agreement
Key Theories
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Conditions, warranties and innominate terms
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Public law
Key cases
- Entick v. Carrington (1765
government cannot interfere with an individual's private property or possessions without lawful justificatio,
an important precedent for the protection of individual liberties and the rule of law.
- R (UNISON) v. Lord Chancellor (2017)
the lawfulness of fees for employment tribunal proceedings -> unlawful and a barrier to access to justice
protection of individual rights and the rule of law.
- A v. Secretary of State for the Home Department (2005):
government must comply with the Human Rights Act & ensure that its actions do not violate the European Convention on Human Rights.
- protection of individual rights & freedom which the government has to comply with
Brief definition
the relationship between individuals and the government. In the UK, public law is made up of constitutional/administrative law, tax law and criminal law.
Key theories
ensuring that public body, such as the government, acts lawfully, rationally,
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Separation of powers
- Executive govt - putting law into action
- Judiciary - making judgements on the law
- parliament - making and changing the law
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where an actor is an authority with the power to act unilaterally. If this authority is acting as a public entity, public law applies.
Property
Key cases
- Land Registration Act 2002
- repealed the 1925 similar act;
- regulating the Her Majesty's Land Registr's roles & practices; - simplify land registration, encourage more registrations by making it simpler
- Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
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- Law of Property (Miscellaneous Provisions) Act 1989
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- Laws of property Act (1925)
core of English land law- to modernise the English law of real property. - difference between leasehold and freehold property, regulated mortgages and leases and removed some ambiguity from the previous law of property.
Brief definitions
governing various forms of ownerships & tendencies in real & personal property, providing rulers to resolve disputes over property
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Constitutional
Key theories
- Parliamentary sovereignty
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basic freedom
no punishment without infringement of the law,
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separating of 3 branches: legislative, judicial, executive
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- Constitutional conventions
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developed from established constitutional conventions but needs to be binding in order to take effect
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to protect the citizens from government oppressions, enforce that govt act in best interest of the people
Key cases
- Cherry/Miller prorogation case (2019)
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- R (Miller) v Secretary of State for Exiting the European Union (2017):
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- Independent Workers Union of Great Britain v The Secretary of State for Work and Pensions (2020)
court of appeal ruled that the govt was unlawful in failure to provide protection for the rights of economy workers
Brief definitions
the legal framework governing the powers, functions, and operation of the UK state and its various constituent parts, as well as the relationship between the state and the individuals and institutions subject to its authority.
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Human rights
Key cases
incorporates the European Convention on Human Rights (ECHR) into UK law, making it possible for individuals to bring claims before domestic courts for violations of their human rights
- European conventions on human rights
- R v Secretary of State for the Home Department, ex parte Simms (2000
right to freedom of expression applies not only to the content of the expression, but also to the means by which it is communicated.
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Key theories
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freedom of thoughts, conscience & religion
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Family
Key Causes
- White v White [2000] UKHL54
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The existence of inherited wealth or property acquired before the marriage could, the House of Lords said, dictate a move away from equality.
The House of Lords urged ‘fairness’ above all else and recognised that an equal division of the assets would not result in fairness in all cases. Each case is determined on its own facts, applying a range of criteria set out in s25 Matrimonial Causes Act 1973.
- Radmacher v Granatino [2010] UKSC 42
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- Sharland and Gohil [2015] UKSC 60
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decisions clarified that fraud now has the same effect in matrimonial proceedings as it does in the commercial world.
- Owens v Owens [2018] UKSC 41
Divorce law reforms
The Divorce, Dissolution and Separation Act 2020 has now been passed and given Royal Assent. It reforms the law so that no fault divorce will be available once the Act comes into force, currently anticipated to be Autumn 2021.
modernise the divorce process whilst moving forward with a general goal of saving marriages and making divorce more peaceful.
Key theories
welfare of the child is the paramount consideration in any decision relating to their upbringing, including decisions about custody, access, and adoption
- The best interests principle
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- The principle of parental responsibility:
parents have a legal and moral responsibility to care for and protect their children,
- the principle of non-intervention
importance of preserving the autonomy and privacy of family life, and requires that the state and other third parties only intervene in family matters where it is necessary and proportionate to do so.
- The principle of equality.
all decisions about custody, access, and other family matters be made without discrimination on the basis of gender, sexual orientation, race, or other factors.
Brief definitions
finding solutions to issues relating to often complex legal relationships. These include marriage and parenthood among others
Criminal law
Key theories
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- Non-fatal offences against the person
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- Offences against property
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- Inchoate liability & defences
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Key cases
- R v EB [2006] EWCA Crim 2945
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- R v Evans [2009] EWCA Crim 650
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- R v Kennedy (No 2) [2007] UKHL 38
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Brief definition
overs everything; from small misdemeanours, to big heinous crimes, fraud and white-collar crime.