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Guided tour xvii

Practice Questionsand Tasksat the

end of chapters allow you to test your

knowledge and practice applying the

law to exam style questions.

Practice questions

1 What are the three main rules of statutory interpretation? What is the effect of these rules?

2 What is the effect of the alterius? ejusdem generisrule and the rule expressio unius est exclusio

3 What is meant by the doctrine of judicial precedent?

4 What are the five main levels of the courts, for the purposes of precedent?

5 What is meant by What is meant by overruling, reversing and distinguishing?ratio decidendi and obiter dicta? What is the significance of the distinction?

6 Find a case concerning the Human Rights Act 1998 either in a newspaper or on the Internet.Which articles of the Convention did the case concern? Describe the outcome of the case or,

if it has not yet been decided, state what you think the outcome of the case might be.

7 Describe how the system of judicial precedent operates. Do you consider that the advan-tages of the system outweigh the disadvantages?

Task 1

Draw up a report for your employer, briefly explaining the following matters:(a) The main rules of statutory interpretation.

(b) The way in which the system of judicial precedent operates.(c) The ways in which EU law is created and the effect of EU law in the United Kingdom.

The Human Rights Act

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Multiple choice questions, flashcards and practice exam questions, to test yourself on this chapter.

Use each chapter.Case Navigatorto read in full some of the key cases referenced in

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36 Chapter 1The legal system

The Glossaryof legal terms can be

referred to throughout your reading to

clarify unfamiliar terms.

Adversarial system of trialthe parties to a trial are adversaries. They try toA system under which

prove their case, and the facts upon which itdepends. The judge does not actively investigate

the facts.AffirmationDeclaration of an intention to proceed

with a contract despite knowing that it could beavoided, thus losing the right to avoid. Can be done

expressly or impliedly and lapse of time mayindicate affirmation.

Agentposition of another person, the principal. Such anA person with authority to alter the legal

alteration is usually achieved by making a contractfor the principal.

Alternative dispute resolutionwhich legal disputes can be settled without going toVarious methods by

court.Amending ActA statute which changes some of

the provisions of another statute which is already inforce.

Annual accounts (company)accounts consist of a balance sheet, a profit and A company’s annual

loss account, the directors’ report and the auditor’sreport.

Annual general meeting (AGM)company members which is held once everyA meeting of

calendar year. Public companies must hold an AGM; private companies might choose to do so.

Annual returnwhich must be submitted to the Registrar ofBasic information about a company

Companies once a year.Anticipatory breachA breach of contract which

is committed by repudiating the contract beforeperformance of the contract becomes due.

Apparent authorityprincipal’s behalf which an agent appears to have. The power to act on a

It is created when the principal represents to a thirdparty that the power exists.

Appellate courtother courts. A court which hears appeals from

Glossary

Abatementnuisance.A self-help remedy in the tort of

Acceptance (of goods)accepted, or are deemed to have been accepted, theyOnce goods have been

can no longer be rejected for breach of condition.The right to damages remains.

Acceptance (of an offer)proposed in the offer. The point at which a contractAgreement to the terms

is formed.Account for profitsHand profits over to the person

to whom they belong.Accounting recordsThe documents (such as ledger,

order forms, cash books, receipts, etc.) which enableaccounts to be prepared. Every company must keep

accounting records for inspection by the companyofficers.

Acquittalnot guilty of the crime of which he was accused.A decision by a court that a defendant is

Act (of Parliament)Act of GodA defence in tort, which applies whereA statute.

natural forces, rather than human intervention,caused the act complained of in circumstances which

no human foresight could provide against.Actual authorityAn agent’s power to act on behalf

of a principal which arises on account of the agentand principal agreeing that the agent should have

the power.Actus reusThe guilty act which needs to be proved

before a person can be convicted of a crime.Adequacy (of consideration)Consideration is

adequate if it is of the same value as the otherparty’s consideration for which it is exchanged.

There is no legal requirement that considerationshould be adequate. (See also sufficiency.)

Administration (of a company)liquidation under which an administrator, who mustA measure short of

be a qualified insolvency practitioner, attempts torescue an ailing company.

ADRAlternative dispute resolution.

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Visit mylawchamber at

http://www.mylawchamber.co.uk /macintyreessentials

to access a wealth of resources to help support

your study in Business law, including:

nAccess to the accompanying Pearson eText–

an eBook version linked to all of the resources below which you can personalise with

your own notes.

nMultiple choice questionsto help test your knowledge

nFlashcardsto help with your revision

nPractice exam questionswith answer guidance

nUpdates to major changes in the law to make sure you are ahead of the game

nLive weblinks to help you read more widely around the subject.

nCase Navigatorto help improve your case reading and analysis skills.

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