quizlet

• Describe what Judge-made law is

  Judge-made law or case-law is created by judges interpreting and applying existing laws to specific cases, filling gaps, and adapting to changing circumstances. It lacks democratic oversight, which is a source of criticism.
• Set out, with appropriate justification, whether you think case-law is still necessary today

  Case-law remains necessary today for providing guidance, interpretation, and adaptation of legal provisions, filling gaps in the law, and promoting consistency in decision-making. It is crucial in protecting individual rights in areas such as constitutional and human rights law. Despite criticisms, case-law remains a vital aspect of the legal system.
• Compare and contrast Judge-made law and Parliament made law setting out the pros and cons of each


  Judge-made law involves creating legal principles through interpreting existing laws while Parliament-made law involves enacting legislation by elected representatives. Judge-made law can adapt to societal changes and fill gaps, while Parliament-made law is democratically legitimate and accountable. However, Judge-made law lacks democratic accountability, while Parliament-made law can be rigid and challenging to adapt.
• Name three types of contract you may encounter in your personal lives

  Three types of contracts encountered in personal lives are employment contracts for work, lease agreements for renting property, and sales contracts for buying goods or services.
• Name three types of contracts you may encounter in your professional lives

  Three types of contracts encountered in professional lives are service contracts for client work, non-disclosure agreements for protecting confidential information, and partnership agreements for outlining terms of business partnerships.
• Compare and contrast the use of 'implied terms' and 'express terms' in a contract. In what ways are they similar and how are they different?


  Express terms are explicitly stated in a contract and agreed upon by the parties, while implied terms are not stated but still part of the agreement. Both are legally binding and enforceable in court, but express terms are negotiated, while implied terms are assumed based on the nature of the relationship and circumstances surrounding the contract
• Explain the legal significance of Carlill v Carbolic Smoke Ball Company (1893)


  The Carlill v Carbolic Smoke Ball Company case established the principles of unilateral contracts and consideration in contract law. It involved a smoke ball advertised as a cure for influenza, with a reward offered to anyone who contracted influenza after using the product as directed. The plaintiff, Mrs. Carlill, contracted influenza and sued the company for the reward, which was upheld by the court.
• Explain the legal significance of Promissory Estoppel

  Promissory estoppel is a legal doctrine that can create a binding agreement even without a formal contract. It is used in cases where a party reneges on a promise made, but the other party has relied on it to their detriment. The doctrine ensures that promises made in certain circumstances are enforced and those who make promises are held accountable for their actions
• Explain the legal significance of Exclusion Clauses

  Exclusion clauses in contracts limit or exclude liability for one or both parties in certain circumstances. They allocate risk and responsibility, providing certainty and reducing the cost of insurance. However, they are subject to limitations and requirements to ensure fairness and reasonableness.
• Explain the legal significance of Implied terms

  Implied terms are not expressly stated in a contract, but are deemed to be part of the agreement. They fill gaps, clarify language, and give effect to the parties' presumed intentions. Implied terms can ensure that contracts are fair, reasonable, and effective.
• Damages' are the most common remedy for breach of contract, Explain briefly what 'damages' are


  Damages are a monetary award that compensates the non-breaching party for losses suffered as a result of a breach of contract. They aim to put the non-breaching party in the position they would have been in had the breach not occurred. Damages are the most common remedy for breach of contract due to their ease of calculation and perceived fairness
• Damages' are the most common remedy for breach of contract, According to the case Anglia Television v. Reed, what is the reason behind using this remedy? And what is it not meant to do?

  Damages compensate the non-breaching party for losses suffered due to breach of contract, according to Anglia Television v. Reed. The purpose of damages is to restore the non-breaching party to the position they would have been in had the contract been performed, not to punish the breaching party or provide a windfall to the non-breaching party
• Sarah, a recently qualified engineer has brought her newly designed product to market. She has described her innovative battery pack as 'award winning' and claims she has sold 20,000 units. She has in fact won no awards and sold 8,000 units. You buy this battery pack based on her description and then find out the truth about her claims. On what basis is the contract of sale invalid?

  The contract of sale may be invalid due to misrepresentation. Sarah made false statements about her product, inducing you to buy it. You may have grounds to rescind the contract and claim damages as a result
• Sarah, a recently qualified engineer has brought her newly designed product to market. She has described her innovative battery pack as 'award winning' and claims she has sold 20,000 units. She has in fact won no awards and sold 8,000 units. What remedy or remedies might be available to you?

  The available remedies include rescission of the contract, damages for any losses suffered, or enforcement of the contract. However, enforcing the contract may be difficult to achieve.
• There are certain requirements necessary to make a contract valid. The first of these is to make an 'offer'. Define what an 'offer' is.


  An offer is a clear proposal made by one party to another to create a binding agreement, containing all essential terms and communicated to the offeree, who must be capable of accepting it.
• There are certain requirements necessary to make a contract valid. The first of these is to make an 'offer'. Set out the other requirements necessary to make a contract


  To make a contract valid, there must be an offer, acceptance, consideration, intention to create legal relations, capacity, consent, and legality of the subject matter.
• There are certain requirements necessary to make a contract valid. The first of these is to make an 'offer'. Explain what 'consideration' is in a contract

  Consideration is something of value given by one party in exchange for something of value given by the other party in a contract. It is a crucial element for making a contract legally enforceable.
• What is the purpose of Intellectual Property Law?

  Intellectual Property Law exists to protect the creations of the human intellect, such as inventions, literary and artistic works, and symbols or designs. Its purpose is to encourage innovation and creativity by granting exclusive rights to the creators of these works, allowing them to benefit financially and have control over their use.
• The main protection given by Intellectual Property rights are 'patents'. A patent is reserved for inventions that satisfy certain standards. The first of these is that it is an 'invention'. Set out the other four criteria or 'golden rules' that must be met before a patent is granted.


  The other four criteria or 'golden rules' that must be met before a patent is granted are: the invention is novel, involves an inventive step, is capable of industrial application, and is not excluded from patentability (e.g. discoveries, scientific theories, mathematical methods, etc.).
• Defining what an 'invention' is can be difficult. List two things, as set out in the Patents Act 1977, that are not inventions 'as such.'

  Under the Patents Act 1977, the following are not considered inventions "as such":

  Discoveries, scientific theories, and mathematical methods

  Aesthetic creations, literary or dramatic works, or any other type of information or ideas.
• Design Rights can be protected by registering a product's design. What aspect of a product do Design Rights protect?


  Design Rights protect the visual appearance of a product, including its shape, texture, color, materials, and ornamentation. It is concerned with the aesthetic features of a product rather than its technical function.
• An example of an Intellectual Property protection is 'copyright'. What type of items are protected by Copyright?


  Copyright protects original creative works such as literary, artistic, musical, and dramatic works, as well as films, sound recordings, and broadcasts.
• Josh has just invented a new kitchen device which he believes every home should have. He has an appointment with a large manufacturer and only has a very basic prototype to take with him. He hasn't done a lot of market research on his potential product. What advice would you give him?

  Provide more details about the product, including any unique features, benefits, and potential target market. Consider conducting market research to determine demand and potential competition. Consider obtaining a non-disclosure agreement before disclosing any confidential information to the manufacturer. Lastly, seek legal advice to protect any intellectual property rights.
• The Lego group first patented their famous toy bricks in the 1950s. Why are Lego bricks no longer covered by patents?


  Lego bricks are no longer covered by patents because the initial patents have expired. Generally, patents last for a limited period of time, after which they enter the public domain and can be freely used by anyone. Once a patent has expired, the technology or design it covers can no longer be exclusively claimed by the patent holder.
• The Lego group first patented their famous toy bricks in the 1950s. What Intellectual Property protections do Lego now rely on to protect their variety of products? Explain your answer.


  Lego now relies on a range of intellectual property protections to safeguard their products, including trademarks, copyrights, and designs. These protections help to prevent competitors from copying their designs and passing off their products as Lego-branded, which could potentially damage the company's reputation and profits.
• Globally, there have been many Court cases between Apple Inc. and Samsung regarding their smartphones and tablets. In the UK, what did Apple accuse Samsung of?

  Apple accused Samsung of copying the design of its iPad tablet, alleging that Samsung's Galaxy Tab infringed its registered design rights.
• Globally, there have been many Court cases between Apple Inc. and Samsung regarding their smartphones and tablets. What was the outcome for Samsung in the Court Of Appeal in the UK?


  In October 2012, the UK Court of Appeal upheld a previous ruling that Samsung's Galaxy Tab did not infringe on the design of Apple's iPad, stating that Samsung's tablets were "not as cool" as Apple's. This ruling was a win for Samsung, as Apple's lawsuit sought to block sales of Samsung's tablets in the UK.
• Briefly define 'professional negligence.'

  Professional negligence is when a professional fails to provide a duty of care to a client or performs their services below the standard expected.
• The legal obligation known as 'a duty of care' is derived from Judge-made law. Name the case that this principle came from.

  Donoghue v Stevenson
• The legal obligation known as 'a duty of care' is derived from Judge-made law. Explain in your own words what a 'duty of care' is


  A legal obligation that requires an individual or organization to take reasonable steps to prevent harm to others who could be foreseeably affected by their actions or omissions. It is the responsibility to act reasonably and prudently to avoid causing harm to others.
• Describe the similarities between the legal concepts of 'negligence' and 'duty of care.'


  Negligence and duty of care are legal concepts that are closely related. Duty of care refers to the legal obligation of a person or organization to take reasonable care to avoid causing harm to others. Negligence, on the other hand, refers to a breach of that duty of care, where a person or organization has failed to take reasonable care and as a result, has caused harm to another person or entity. In other words, negligence is a failure to meet the duty of care that was owed to someone, resulting in harm or injury. Therefore, duty of care is a legal concept that is necessary to prove negligence in court.
• In cases of professional negligence, a different test is used in respect of skilled defendants such as doctors and engineers. What is the name of this test?

  The test used in cases of professional negligence involving skilled defendants such as doctors and engineers is called the 'Bolam test'.
• In cases of professional negligence, a different test is used in respect of skilled defendants such as doctors and engineers. Set out this test and explain how it applies to engineers

  assesses whether the defendant acted in accordance with a responsible body of opinion within their profession. In other words, if a body of professional opinion would have acted in the same way in the same circumstances, then the defendant will not be found negligent. The Bolam test applies to engineers in the same way as it does to doctors, requiring that the defendant's actions were in line with a responsible body of opinion within their profession, taking into account the circumstances at the time.
• Damage or injury does not always include physical injury. Summarise what else it can include

  non-physical harm, such as financial loss, emotional distress, and damage to reputation.
• The 'neighbour principle' states that: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour." Name the case where this principle was established.

  Donoghue v Stevenson (1932)
• List the four elements which must be proved before you can establish a case for negligence.

  Duty of care: The defendant had a legal obligation to take reasonable care to avoid harming the plaintiff.

  Breach of duty: The defendant breached their duty of care by acting or failing to act in a way that a reasonable person in the same circumstances would not have.

  Causation: The defendant's breach of duty caused the plaintiff's injury or damage.

  Damage: The plaintiff suffered actual harm or loss as a result of the defendant's breach of duty.
• Hedley Byrne v. Heller & Partners Ltd. was an important case involving the giving of advice in the absence of a contract. Evaluate how this case applies to Engineers and what Engineers need to be careful of.


  Hedley Byrne v. Heller & Partners Ltd. established liability for negligent advice given in the absence of a contract. This case applies to Engineers and they need to be careful when giving advice or making statements that may be relied upon by others, as they may be held liable for any losses suffered as a result.
• Explain the main point from the case 'Bourhill v. Young' [1943]

  10.

  In Bourhill v. Young, it was held that a motorcyclist was not responsible for the psychological harm suffered by a bystander who arrived at the scene of the accident. The case established that a duty of care is only owed to those who are in the proximity of the incident and can be directly affected by it.
• You are asked to give engineering advice to a friend who is restoring a vintage car. They will rely on your advice for mechanical aspects of the restoration. Explain why you have to be careful giving advice of this nature.

  When providing engineering advice for a vintage car restoration, one must be careful because giving incorrect or inadequate advice may result in harm or injury to the individual or damage to the vehicle. This could potentially result in a legal claim for negligence, as the individual may argue that they relied on the advice given and suffered harm or damage as a result
• You are asked to give engineering advice to a friend who is restoring a vintage car. They will rely on your advice for mechanical aspects of the restoration. State the name of the case that this principle comes from.

  Donoghue v. Stevenson [1932]