optometry and the law

where do sources of law come from

acts of parliament or statutes

common law

European community law

what is common law

judge made law

not embodied in legislation

doctrine of precedence- previous similar cases taken into account

what types of cases are there

who deals with criminal cases

magistrates court

who deals with very serious cases

jury trial

who deals with business crimes/ claims

county court as this is a civil case

high court involved in larger claims

what would happen if someone is sued from financial image as a result of mistake

high court as this is professional negligence

what elements of a contract is there

offer and acceptance

intuition to create legal relations

consideration

capacity

consent

what is consideration

something of value given in exchange for something else of value

each side must promise to so something for the other

what happens if there is no consideration

keeping spectacles aside, non payment of glasses, non attendance at eye test

what is an counter offer

change terms of original contract rejecting the original offer

what is an offer

expression of willingness to contract on certain terms with the intention that it shall become binding as soon as it is accepted t

what is invitation to treat

willingness to negotiate

party invites offers which they are then free to accept or reject such as auctions

what is capacity

someone able to give consent to a contract

what is doctrine of duress

coercion of the will to obtain the consent to the contract

what is doctrine of undue influence

when improper pressure is bought to bear on a party to consent eg. between a guardian, trustee, solicitor and client