DO YOU UNDERSTAND?
What is Ejusdem Generis?
What is of or as the same kind.
denoting a rule for interpreting statutes and other writings by assuming that a general term describing a list of specific terms denotes other things that are like the specific elements.
These are the essential elements of a contract
What are offer, acceptance, consideration, intention to create legal relations, capacity and no vitiating factors?
What must A prove in order to claim negligence against B?
What is a duty of care was owed, there was a breach of that duty and A suffered damage as a result of the said breach?
This is known as Summary Dismissal .
What is Under the common law, the authority to dismiss without notice is retained in the situation where the worker engages in serious misconduct.
I am the company and the company is me...what am I?
What is a sole trader?
This Rule says that things must be taken as they are written.
What is the Literal Rule?
This case tells me that offers can be made to the whole world.
What is Carlil v Carbolic?
Causation in Fact....which test is it?
What is "the but for test?"
Dismissal without notice is known as this..
What is Wrongful Dismissal?
This prevents the members of a company from being held liable/responsible for the company's debts.
What is "The Veil of Incorporation"
The highest law of any land is this?
What is the Constitution?
All advertisements are offers made. True or False?
What is False?
This snaps the chain of causation.
What is A novus actus interveniens which snaps the “chain of causation”
What is Redundancy?
Redundancy refers to a situation whereby someone loses their job because their employer does not need them. A redundant employee may have the right to make one or both of the following claims:
What is Salomon v Salomon?
The Executive, Judiciary and Legislature are known as this.
What is the three arms/organs of the State/government?
What is the principles in Hyde v Wrench?
What is "...where the offeree proposes to accept the offer on certain conditions, then he/she destorys the original offer and cannot accept it at a later date..."
Every employer has the common law duty to provide these things:
Common Law Duties of the Employer
Most employees (not just those with a contract of service) are entitled to a minimum wage according to statute.
In Malik v BCCI (1998) Lord Steyn held that the employer shall not ‘without reasonable and proper cause, conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee.”
This is aimed at preventing the employer from indulging in unreasonable and abusive conduct towards the employee; and is reciprocal to the employee’s duty to act in good faith.
The sole trader is required by law to register the business and make income tax contributions as a key responsibility. True or False?
What is True?
When he decides a case and she uses it this source of law is known as this.
What is Case Law or Precedent?
If A enters into a contract with B then C cannot sue. This is known as what?
What is Privity of Contract?
What is the exact Book, chapter and verse that speaks about the 2300 day prophecy?
What is Daniel 8:14
Distinguish who has control of the working environment in a Contract of Service vs. a Contract for Service?
Contract of Service - Employer
Contract for Service - Independent Contractor
Both sole traders and partners are limited in the capital they can raise and often have to use a family home as security to get a loan. True or False?
What is True?