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B293 - Unit 5 Session 1 - Coggle Diagram

- - - - Differences in
        
        Employment laws
        
        Taxation laws
        
        Environmental laws
  - - - Regulates governance
    - - Regulates winding up
    - - Regulates administration
    - - Tort
      - Employment
      - Contract
      - Intellectual property
      - Protection of rights
        
        Consumer
        
        Human
      - Reduces transaction costs and legal disputes
    - - Regulates establishment
    - - Fined
      - Suffer reputational damage
        
        Loss of customers
      - Closed
    - - FCA
      - Aviation
      - Energy
      - Food safety
- - - - Two or more parties
      - Enforceable by law
        
        Void
        
        No legal effect
        
        No rights or duties
        
        Examples
        
        An impossible purpose
        
        Contract carried out in illegal way
        
        Illegal acts
        
        Voidable
        
        Valid until one party sets aside
        
        Unable to fulfil
        
        Examples
        
        Misrepresentation
        
        Negligent
        
        No reasonable grounds for assuming truth
        
        Fraudulent
        
        Deliberate and untrue
        
        Innocent
        
        Genuinely believed to be true
        
        Damages may be claimed
        
        Duress and undue influence
        
        Economic duress
        
        Economic burden on one party forces acceptance
        
        Undue influence
        
        Coerced into contract
        
        1 more item...
        
        Duress to person
        
        Forced via violence / threat
        
        Mistake
        
        Common
        
        Both parties
        
        1 more item...
        
        Mutual
        
        Both parties at cross purposes
        
        Unilateral
        
        Fundamental fact cannot be rectified
        
        1 more item...
        
        Valid
        
        Offer made
        
        And accepted unconditionally
        
        Must be able to agree
        
        Something given in return
        
        Payment
        
        Trade of goods / knowledge
        
        Intention to enter legal relations
        
        One party seeks remedy
        
        Must not contain vitiating factors
        
        Impair validity
        
        Mistakes
        
        Misrepresentation
        
        Illegality
        
        Duress
      - Verbal or Written
  - - - Obligations
      - Business efficacy test
        
        Sample at same quality as goods sold after
      - Officious bystander test
        
        Common sense
    - - Conditions
        
        Must be adhered to
      - Warranties
    - - Specifically mentioned and agreed
        
        Credit terms
        
        Delivery terms
        
        Completion terms
        
        Length of service terms
    - - Sales of goods and services act 1979
      - Consumer protection act 2015
      - Supply of goods and services act 1982
  - - - Partial or full
    - - Impossible, illegal or commercial basis destroyed
    - - Failure to fulfil
      - Defective fulfilment
      - Refusal to fulfil
    - - Injunction
        
        Instruction not to break contract
      - Specific performance
        
        Order to perform or not perform
      - Damages
        
        Wrongdoer pays
- - - - Usually a specific purpose
  - - - International court of justice
      - European court of human rights
      - EU
        
        Parliament
        
        Council
        
        Court of justice
        
        Regulations automatically apply
        
        Directives given to 'achieve something'
        
        Freedom amongst members states to implement
        
        Usually time-bound
      - UN
      - WTO
      - ILO
  - - - USA
      - Netherlands
  - - - Past and present reasoning
      - Increase
        
        Consistency
        
        Efficiency
        
        Predictability
        
        Fairness
  - - - Based on roman law
        
        Also Germany
      - Legislature creates law
        
        Commercial
        
        Civil
        
        Fiscal
        
        Penal
      - Judge applies relevant rules
        
        Considers interpretations of legal texts
        
        Guide on past precedent
    - - Originates in England
      - Law created as a result of judges ruling
        
        Different authorities
        
        Persuasive
        
        May be considered
        
        Binding
        
        Must be followed
        
        Final say at Supreme Court
        
        Higher courts can disagree and reverse
    - - Scots law
      - Legal system of Northern Ireland
      - Legal system of England and Wales
- - - - CPS in UK
    - - Beyond reasonable doubt
    - - Internal
        
        Embezzlement
        
        Identity or information theft
        
        Payroll fraud
        
        Theft
      - External
        
        Burglary
        
        Shoplifting
        
        Robbery
        
        Computer hacking
      - Corporate
        
        Financial fraud
        
        Price fixing
        
        Purposely selling harmful or faulty goods
        
        Money laundering
        
        Bribery
        
        Violating a regulation
    - - Supreme
        
        Court of appeal
        
        Crown
        
        Magistrates
  - - - Balance of probabilities
    - - Breach of trust
      - Tort
        
        Civil wrong
        
        Wrongful act
        
        Leads to harm
        
        Emotional
        
        Physical
        
        Infringes rights
        
        Examples
        
        Negligence
        
        Serious illness or death
        
        Employee injured at work
        
        Damage to nearby property
        
        Professional negligence
        
        Serious illness or death due to medical procedure
        
        Financial loss from negligent financial advice
        
        Financial or mental loss from negligent legal advice
      - Breach of contract
    - - Supreme
        
        Appeal
        
        High
        
        County