sqe 1

What are chattels? Something that can be easily removed from the land. Does not form part of the sale. What are fixtures? treated as though they are part of the land to which they are attached. Form part of the sale. Describe the test for a chattel? 1 - the degree and method of annexation 2 - the object and purpose of annexation. Is a gas fire connected purely so it can function as a fire a chattel or a fixture Chattel Are these items chattels or fixtures: 1 - Carpets 2 - ...

During April 2020, a case brought under the Equality Act 2010 came before the High Court. The court found a section of the Act to be in breach of an EU Regulation. Which of the following correctly sets out whether the court was bound to follow the EU Regulation in this case? On 31 January 2020, an implementation period began during which EU Regulations continued to prevail and would do so in this case. Pursuant to s1A of the EU(W)Act 2018 until the end of the implementation period (31 December...

4 elements of formation of contract Agreement (offer / acceptance) Consideration Intention to create legal relations Certainty Requirements of an offer 1. Clear 2. Certain 3. Shows intention to be bound Specific rules on goods 1. Goods displayed in supermarket / website - ITT 2. Advertisements - ITT (unless unilateral) 3. Invitation to tender - ITT (unless unilateral) 4. Calling for bid at auction - ITT 5. Auction without reserve - unilateral contract 2 types of offers 1. Unilate...

direct intention result aim or purpose of D's action PACE Act Police and Criminal Evidence Act 1984 PACE Codes - key ones Code C: Detention, Treatment and Questioning of Non-Terrorist Suspects; Code D: Identification; requirement to impose a community order offender over 18, offence must be punishable with imprisonment. maximum order 3 years. what appeals can be made after a decision in the Magistrates Court 1. Appeal to Crown Court by way of a re-hearing (only D automatic right); ...

What is an invitation to treat? Statement indicating a willingness to receive offers or negotiation -goods on display -advertisements -tender What is acceptance? unqualified expression of assent to the terms of an offer -acceptance must be communicated by the offeree or their authorised agent -if coupled with conduct that clearly signifies acceptance, then silence can be acceptance what is the effect of a counter-offer? a counter-offer effectively destroys the original offer and repres...

What is trespass to land? Unlawful direct interference with the claimant's possession of land What does it mean that trespass to land is actionable per se? The claimant does not need to show any actual damage or injury to the land. The mere fact the right has been infringed is enough. What type of possession of the land must the claimant have to bring a claim? Exclusive possession What four things are included in the definition of land? 1. Land2. Buildings on the land3. Subsoil4. Airsp...

When is a person considered to be 'on a frolic of their own? Many cases involve driving as part of their employment where the employee deviates from the route authorised by their employer. The courts will consider the extent to which the route has been deviated and the purpose of departure from the route. If they were still going about employer's business then would not be on a frolic. Define negligence Breach by the Defendant of a legal duty of care owed to the claimant that results...

Judicial functions of the executive The Attorney General is the chief legal adviser to the government and has a role in deciding whether to bring a prosecution in individual cases - concerns about a conflict of interest could arise between the inherent political allegiance of any holder of the office and the wider constitutional obligation to give independent, impartial legal advice to the government. The Home Secretary used to set tariffs for convicted prisoners, but this changed in 1998 U...

Stages of legal development 1. Pre-1066 (Norman Conquest): system of customs 2. : common law formed 3. s: equity developed. now we have 2 legal systems co-existing. 4. 1870s to present: Joint jurisdiction for common law and equity + development in statute law + Growth of governmental and administrative bodies + Influence of European Union law (post-1973) Writ definition document with a royal seal that constituted a royal demand for the defendant to appear before the Court e.g. writ of w...

What is a constitution? A body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed. How will the courts approach discretionary statutory powers? In a way that upholds key rule of law principles, such as fairness, legality and reasonableness, so that they can ensure a degree of legal control over how such powers are exercised When can damages be given as a remedy for a JR claim? Only when damages could have been ...