Court Structure, Tort Law, and Contract Formation

Comprehensive vocabulary flashcards covering sources of law, court structures, tort of negligence, binding precedent, and contract formation based on lecture transcripts.

Primary Legislation

Also known as statute, primary legislation is a source of law enacted directly by Parliament.

Secondary Legislation

Also known as delegated legislation, this is law made by a body other than Parliament under Parliament's authority, taking forms such as Bylaws, Statutory Instruments, and Orders in Council.

Case Law

Commonly known as 'judge-made' law, originating from decisions made by the courts. Where case law and legislation conflict, legislation takes primacy.

Technology and Construction Court

A specialist court in England and Wales that hears cases concerning construction disputes as well as decisions made by arbitrators and adjudicators.

UK Court Hierarchy

The structural system of courts in England and Wales ranging from inferior courts (Magistrates' and County Courts) up through the High Court, Court of Appeal, and ending with the UK Supreme Court.

Tort Law

A branch of civil law covering civil wrongs (not criminal, though punishable by the state if also a crime) offering various legal remedies.

Negligence

A legal tort concerning compensating people who have suffered damage as a result of the carelessness of others, requiring a duty of care, breach of duty, causation, and damage.

Neighbour Principle

A principle formulated by Lord Atkin in Donoghue v Stevenson stating that one must take reasonable care to avoid acts or omissions which can be reasonably foreseen as likely to injure persons so closely and directly affected by those acts.

The Caparo Test

A three-part test established in Caparo v Dickman to determine a duty of care based on foreseeability of damage, proximity of relationship between claimant and defendant, and whether it is just, fair, and reasonable to impose a duty.

Standard of Reasonableness

An objective test carried out by courts to determine if a defendant's behavior fell below the expected standard of someone undertaking that specific activity.

Economic Loss

A category of tort damage covering loss of an asset a person/organization used to have, loss of income due to injury, or financial damage not relating to injury or loss of a physical asset.

Stare Decisis

A Latin doctrine meaning 'let the decision stand', forming the underlying foundation for the system of binding legal precedent.

Ratio Decidendi

The legal reason or rationale for a judicial decision, which forms the only binding part of a case precedent.

Obiter Dictum

Any judicial comment or observation that does not form part of the ratio decidendi, carrying persuasive authority rather than binding legal force.

Practice Statement 1966

A judicial announcement on July 26, 1966, establishing that the Supreme Court (formerly House of Lords) is not strictly bound by its own decisions and can overrule itself to allow flexibility in common law.

Per Incuriam

A legal concept meaning a court decision was made 'through lack of care', failing to take into account a relevant statute or binding precedent.

European Court of Justice (ECJ)

The highest court in the European Union located in Luxembourg, created in 1957 under the Treaty of Rome to interpret EU law and adjudicate disputes.

Bilateral Contract

A contract in which both involved parties make mutual promises to one another to perform respective legal obligations.

Unilateral Contract

A contract where only one party makes a promise to perform an obligation in exchange for a specified performance or act by another party.

Carlill v Carbolic Smoke Ball Co [1893]

A landmark contract case establishing that an advertisement can constitute a binding unilateral offer to the world if deposited funds (£1,000) demonstrate clear intention to be bound.

Offer

An expression of willingness to contract on specified terms, made with the intention that it is to become binding as soon as it is accepted by the offeree.

Invitation to Treat

An invitation communicated by one party to another to enter into negotiations with a view to creating an offer, rather than a binding offer itself.

Mere Puff

An exaggerated statement or advertising gimmick used in promotional material that is not intended to create binding legal obligations.

Counter-Offer

A response to an offer that attempts to vary or introduce new terms, which effectively terminates the original offer.

Battle of the Forms

A legal situation in contract negotiation where parties exchange conflicting standard form documents, typically governed by the rule that 'the last shot wins'.

Postal Rule

A legal rule established in Adams v Lindsell stating that acceptance of an offer sent by post takes effect at the moment the letter is posted rather than when received.

Consensus Ad Idem

A legal phrase meaning 'a meeting of minds', where all parties to a contract share a genuine agreement regarding the same subject matter and terms.