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Table Of Contents

Structure Of The Legal System
Distinction between Civil and Criminal Law (Tip Dec 09)
Sources of Law
Case Law
Common Law
Judicial Precedent
Ratio Decidendi
Obiter Dicta
Equity
Advantages of case law
Statute Law / Legislation
Forms of legislation
Advantages of statute law
Disadvantages of statute law
Delegated Legislation
Advantages / Importance of delegated legislation
Disadvantages of delegated legislation
Parliamentary procedure
COURTS - Hierarchy of the Courts
European Court of Justice (ECJ)
Supreme Court (SC) (previously know as House of Lords (judicial capacity))
Court of Appeal (C of A)
High Court (HC)
Crown Court (Crown C)
County Court (County C)
Magistrates Courts (MC)
Tribunals
Tracking
Statutory Interpretation Rules (Kaplan Jun 09 Mock Q1)
Literal rule
Fisher v Bell
Golden rule
Re Sigsworth / Whitely v Chappell / Adler v George (1964)
Mischief rule
Purposive rule
Gardner v Sevenoaks RDC (1950)
Eiusdem Generis
Expressio unius est exclusio alterius
Noscitur a socis
In pari material
Statutory Interpretation Presumptions
Aids to Interpretation
Intrinsic
Extrinsic
Interpretation Act 1987
Contract Law (Invitations, offers and acceptance)
Essential elements of a contract
Offers
Termination of Offer
Counter-offer / Rejection
Death (personal services)
Notification of death (non-personal services)
Failure of a condition precedent
Notice of revocation may be communicated through a reliable third party
Request for information
Privity of contract
Acceptance
Communicated by a reliable third party
Powell v Lee (1908)
Business agreements (ex-gratia)
Binding in honour only
Invitation to treat
Consideration
Promissory Estoppels Doctrine;
Combe v Combe
D & C Builders v Rees
Intention to Create Legal Relations
Domestic Arrangements
Commercial Arrangements
Voidable contracts
Contractual Terms
Condition
Warranty
Innominate Terms
Sources of Terms
Express
Implied
Exclusion Clauses
Incorporated by Notice
Incorporated by Signature
Misrepresentation of Clause (exception)
Consistent course of dealings
Contra-Proferentum
Unfair Terms Legislation (Unfair Contract Terms Act (UCTA 1977)
Template Answer – Exclusion Clause
Signature
Notice
Conra-poferuntum rule
Course of dealing
Unfair Contract Terms Act
Breach of Contract
The Mihalis Angelos
Common Law Remedies
Damages
Remoteness
Measure
C & P Haulage v Middleton
Ruxley Electronics v Forsyth
Other common law remedies
Equitable remedies
Mitigate loss
Tort
Trespass to land
Trespass to person
Nuisance
Defamation
Deceit
Passing-off
Negligence
Loss of damage as a result of the breach
Defences against claim for negligence
Contributory negligence
Sayers v Harlow UDS (1958)
Volenti non fit injura
Professional Negligence
Duty of care
Proximity
Breach of Duty of Care
Res ipsa loquitur
Employment Law
Contract of Employment
Dismissal and Redundancy
Notice and termination of contract by breach
Constructive Dismissal
Reduction in pay
Industrial Rubber Products v Gillon (1977)
Change in nature of job
Ford v Milthorn Toleman Ltd (1980)
Failure to follow disciplinary procedure
Post Office v Strange (1981)
Failure to provide suitable working environment
Waltons & Morse v Donnington (1997)
Failure to implement proper procedure
WA Goold (Pearmak) Ltd v McConnell & Another (1995)
Suspended without pay
Summary Dismissal
Unfair dismissal
Remedies for unfair dismissal
Criteria for unfair dismissal
Wrongful Dismissal
Justifiable reasons for dismissal;
Potentially fair reasons for dismissal
Automatically Fair reasons for dismissal
Automatically Unfair reasons for dismissal
Criteria to obtain compensation for unfair dismissal
Exceptions to one year’s continuous service
Remedies for wrongful dismissal
Criteria for obtaining wrongful dismissal
Redundancy
Employed v Self-Employed
Employee
Self-Employed
Reasons for distinction
Employment Control Test
Employment Integration Test
Economic Reality
Employment Relationships
Job Existence
Agency / Partnership
Actual Authority
Express Authority
Implied Authority
Types of Agent
Agency workers
Partnerships
Retiring Partners
Sleeping Partners
Company Law
Advantages of forming a company as compared to a partnership
Disadvantages of forming a company as compared to a partnership
Formation of company
Memorandum of Association
Articles of Association
Form 10
Form 12
Alteration to articles
Effect of articles
Restrictions to alterations of articles
Company Auditor
Appointment
Termination
Duties
Rights
Company Secretary
Responsibilities
Qualifications
Ostensible Authority
Powers of Company Secretary
Dividends
Directors
Removal
Powers
Fiduciary Duties
Statutory Duties
Remedies for breach of director’s duties
Weighted voting rights
Shadow directors
Executive director
Non-Executive Director
Difference between Executive and non-Executive directors
Management Director
Company Meetings
Annual General Meeting
General Meeting
Class Meeting
Company Resolutions
Key Terms
Structure of the legal system
Binding precedent
Purpose of Binding Precedent
Advantage of Binding Precedent
Disadvantage of Binding Precedent
Avoidance of Binding Precedent
Indictable offences
Summary offences
Capital Maintenance
Corporate Governance
Knowledge Gap
Importance of good corporate governance
Cross
Insider dealing
Lifting the veil
By statute
To prevent evasion of obligations
Group Situations
Limited by Shares
Limited by Guarantee
Money Laundering
Plaintiff
Postal rule
Presumption
Rebuttal
Transfer of undertakings
List of cases
Legal Personality
Quasi Partnership
Tips
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F4-CourseNotes UK Jun09

F4-CourseNotes UK Jun09

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Published by: ACCA GLOBE on Dec 03, 2010
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