Introduction to English Legal System

Explain the tiers to English Law

What is Statute Law?

It takes precedence over all other laws.
Primary Legislation = Act of Parliament
Secondary Legislation = Statutory instruments made by a minister under a power delegated by an Act, and subject to cancellation by a vote of parliament

Give an example of a relevant statute

Architects Act 1997

Give an example of a Statutory Instrument

The Building Regulation 2010

What is Common Law?

Law which is not codified in enactments. Law which embodies customs and rules developed by judges. Found in decisions by judge

What are the 2 main court strands?

Court of Appeal (Civil), Court of Appeal (Criminal),

What are the pillars of common law?

Law of Tort = Obligations imposed by law as a matter of policy e.g. Negligence

Law of Contract = Obligations springing from agreement between parties

What is a Contract? Give the formula

An agreement giving rise to obligations which are enforced or recognized by law

O+A+C+ILR = contract

O = Offer
A = Acceptance
C = Consideration
ILR = Intention to create legal relation

What is Consideration in a contract?

Something has to pass both ways:

A promises to provide something of value to B in consideration of B promising to provide something of value to A

Explain terms within a contract, provide an example

Expressed

RIBA’s Standard Professional Services Contract 2018, cl3.1

Implied

Supply of Goods & Services Act 1982. s.13, 14, 15

What are the 3 leading principles of English Contract Law?