Combined

What is the standard of proof in civil cases ?

The judge decides if something is more likely than not (>50%).

What is the standard of proof in criminal cases?

Beyond reasonable doubt
→ The court must be sure the defendant is guilty.

Res ipsa loquitur

the thing speaks for itself.

To rely on Res Ipsa Loquitor

The cause of the damage was under the defendant’s control

The accident is of a type that does not normally happen without negligence

The exact cause is unknown

Burden shifts to the defendant to prove they were not negligent.

What is a duty of care, and what are the Caparo tests for establishing it?

Duty of care:

A legal obligation to take reasonable care to avoid causing foreseeable harm to others.

Reasonably foreseeable — Would a reasonable person predict harm?

Sufficient proximity — Is there a close and direct relationship?

Fair, just & reasonable — Is it good public policy to impose a duty

What is the standard of care in negligence, and does the victim’s vulnerability change it?

The defendant must meet the standard of a reasonable person doing that activity.

(Objective test — not based on the defendant’s personal skill level)

The standard does NOT change just because the claimant is especially vulnerable.

(Vulnerability affects damage, not the standard of care — egg‑shell skull rule)

Key point:

Standard = reasonable person; vulnerability does not raise the standard

What standard of care applies to a learner driver, and does the victim’s vulnerability change that standard?

A learner driver is judged by the standard of a reasonable, competent driver

The victim’s vulnerability does NOT raise the standard of care

Correct legal position:

Standard = reasonable driver; vulnerability does not change the standard

Does it matter if someone claims to be an agent?

Can that create authority?

No. An agent cannot give themselves authority.

Authority must come from the principal’s words or conduct, not the agent’s claim.

Apparent authority only exists if the principal creates the impression of authority.

If only the agent says they’re an agent, there is no authority and no estoppel.

Do express and implied authority require an actual agency relationship between principal and agent?

Yes. Both express and implied authority require a real agency relationship.

Express authority = principal actually tells the agent what they can do.

Implied authority = authority that flows naturally from the real role the agent has.

👉 No real relationship = no express or implied authority.

👉 Only apparent authority can exist without a real relationship.

Carriage + Place Named

Risk passes at that place

Carriage + No Place Named

Risk Passes at first carrier

No Carriage

Risk Passess when buyer takes or can takes goods

Goods already in transit

Risk Passes when contract concludes

Judicial Precedent

law stays consistent over time

EXW

ICC Intercom places the minimum obligations on seller

DDP

ICC Intercom places the maximum obligations on seller

ADR

sorting out a disagreement in a quicker, cheaper, and more informal way than a court case.

Civil Courts

Magistrates Courts / County Court > High Court of Justice > Court of appeal > Supreme Court

Criminal Courts

Magistrates > Crown Court > Court of Appeal > Supreme Court

Cases

Deemed complexed & allocated to the multi track in the civil court system if longer than 1 day

County Court

Small Claims , fast track & some Multi track

High Court

Deal with high court

Magistrates

Magistrates Court

Jury

Crown Court

Invitation to threat

Tell me your offer

Revocation

Only effective when it is received not when posted

Acceptance

Only Effective when it is posted

Consideration

Must be sufficient ( has some legal value ) but needs to not be adequate ( Does not need to be good value)

Executed

Act already done

Executory

Promise 4 Promise

Past

Act done before promise

Tribunal

Special courts deal with special types of dispute - Cheaper and less formal

Human Rights Cases

Deal with in European Court of Human rights , embeds the right created by the european convention on human rights into UK Law

Severable contract

That can be divided into separate parts > Payments / work divided into parts

Damages

Aim to put injured party in the position ( they would have been if the contract had been performed)

Claimant

Must take reasonable steps to reduce their loss

UCTA

Law that controls unfair exclusion and limitation clauses in contracts

• Some exclusion clauses are completely banned

• some clauses are allowed only if they are reasonable

• mainly to business contracts

Applies mainly to B2B contracts

Lawful Excuse

Legal reason why failing to perform is not a breach

Damages

Compensation for breach

Foreseeable or disclosed special losses

Reasonable

Not avoided by mitigation > DOn’t make less work

Not a penalty

CRA

Applies to consumer contracts

Applies to consumer notices

Protects consumer from unfair terms

UNCISG

The supply of labour is a major part of the contract

Buyer provides most of the materials for the goods

The goods are bought for personal or household use

Goods are sold by auction

Sales related to certain products such as electricity aircrafts and investment

Negotiation

The parties talk directly and try to reach an agreement themselves.

Mediation

a neutral person (mediator) helps both sides reach a voluntary agreement.

Arbitration

n independent arbitrator hears both sides and makes a binding decision (a bit like a private judge)

Expert determination

a neutral specialist is appointed to make a binding decision on a technical or valuation dispute

Adjudication

specialist gives a quick, temporary decision so the construction project can carry on

Judicial Precedent

Law stays consistent over time

Do express and implied authority require an actual agency relationship between principal and agent?

Yes. Both express and implied authority require a real agency relationship.

Express authority = principal actually tells the agent what they can do.

Implied authority = authority that flows naturally from the real role the agent has.

👉 No real relationship = no express or implied authority.

👉 Only apparent authority can exist without a real relationship.

When a principal tells the third party that someone has authority, what type of authority is created?

Ostensible (apparent) authority — because the representation is made to the third party, not the agent

If a director’s appointment is later found to be defective, are their actions invalidated?

No — their actions remain valid.

Under s.161 Companies Act 2006, the acts of a director are valid, even if their appointment was defective or improperly made.

This protects the company and third parties.

What is an ordinary resolution and when is it used?

Ordinary resolution (>50%) — used for routine, day‑to‑day company decisions, such as appointing or removing a director (s.168), declaring dividends, and authorising directors to allot shares

What is a special resolution and when is it used?

Special resolution (75%) — used for major or constitutional changes, such as amending the Articles, adding/removing entrenchment, changing the company name (if Articles don’t allow OR), reducing share capital, or winding up the company

What is wrongful trading and when can a director be liable?

Wrongful trading (s.214 IA 1986) occurs when a director knew or ought to have known that the company had no reasonable prospect of avoiding insolvent liquidation, and failed to take every step to minimise losses to creditors.

Liability is based on both an objective and subjective standard — the director’s actual experience and skill are taken into account.

What is prejudicial conduct in company law?

Conduct by those in control of the company that unfairly harms a shareholder’s interests, forming the basis of an unfair prejudice petition (s.994 CA 2006)

Is petitioning on the just and equitable ground available to any member, regardless of shareholding size?

Any member — even a single minority shareholder — can petition for a just and equitable winding‑up.

When do directors need shareholder (member) authority to allot shares?

Directors need authority from shareholders (members) unless:

👉 The company is private AND
👉 It has only one class of shares

Can a company subdivide or consolidate its shares?

Yes — both are allowed, as long as total value is unchanged

• Subdivision → split shares into smaller units
  (e.g. £1 → 10 × 10p)

• Consolidation → combine shares into larger units
  (e.g. 2 × 50p → £1)

When can a public company (plc) give financial assistance for the purchase of its own shares?

Exceptions (allowed if conditions met):

1⃣ Ordinary course of business

• e.g. lending by a bank

2⃣ Employee share scheme

• Assistance for employees to acquire shares

3⃣ Net assets condition

• The assistance must not reduce the company’s net assets

What is a Capital Redemption Reserve (CRR)?

A Capital Redemption Reserve (CRR) is a reserve created when a company redeems or buys back shares out of distributable profits

Key rules:

• ❌ Not distributable (can’t pay dividends)

• ✅ Treated like paid-up share capital

• ✅ Can be used to issue fully paid bonus shares