Law of Obligations

Question	Answer
Unilateral contract	A contract in which a party (the promisor) undertakes to do or refrain from doing something if the other party (the promisee) does not refrain from doing that thing (Carlill v. Carbolic Smoke Ball Co [1893] 1 QB 256) An example of a unilateral contract is one in which the promisor offers a reward for the giving of information.
Bilateral contract (synallagmatic contract)	The ending of a contract that creates a mutual obligation i.e. both parties under take to do, or refrain from doing, something in exchange for the other party's undertaking. The majority of contracts are bilateral in nature.
Case	1. A court *action. 2. a legal dispute. 3. The arguments, collectively, put forward by either side in a court action. 4. action on the case. a form of action abolished by the Judicature Acts 1873-75
Case law	The body of law set out in judicial decisions, as distinct form statute law.
Case management	Under the Civil Procedure Rules (CPR), the procedure for managing civil cases introduced from 1999. under this regime, the judge becomes the case manager. A case is allocated to one of the tracks, depending on the value of the dispute and the complexity of the case: the small claims tracks, fast track, or multi-track.
Citizen of the EU	A form of citizenship established by the Masstricht Treaty o 1992. Every person holding the citizenship of a member state is automatically a citizen of the EU, this status does not have to be applied or and does not replace their national citizenship.
Economic duress	A claim that a contract was voidable for duress could only be successful if a treat to the person (i.e. physical duress) had induced the contract (Skeate v. Beale (1840)) The essential elements are that an illegitimate threat is made (e.g. to breach an existing contract or to committ a tort) and that the injured party has no practical alternative to agreeing to the terms set out by the person making the treat. Additional case: Universe Tankship Inc of Monrivua v. International Transport Workers Federation [1983]
E-Conveyancing	Electronic conveyancing: The transfer of land by electronic means instead of by paper documents. The framework for such conveyancing has been set in place the Electronic Communications Act 2000 and the Land Registrations Act 2002. Envisages, but the land registers are kept in electronic form and it is already possible to discharge mortgages electronically. It is envisaged that transactions in land will be managed through a secure network.
Enactment	An Act of Parliament, A Measure of the General Synod (Church of England), an order, or any other piece of subordinate legislation, or any particular provision contained any of these.
Litigation	The taking of legal action by a litigant. The field of law that is concerned with all contentious matters.
Literal Rule	See, Rules and Principles of Statutory Interpretation
Breach of Confidence	The unauthorized disclosure of confidential information. Originally, this refereed quite narrowly to information arising from a confidential situation, transaction, or relationship (Duchess of Argyll v. Duke of Argyll [1967])
Breach of contract	An actual failure by a party to perform his obligations under that contract or an indication of his intention not to do so.
Breach of statutory duty	Breach of a duty imposed on some person or body by a statute.
Breach of the peace	The state that occurs when harm is done likely to be done to a person or (in his presence) to his property, or when a person is in fear of bing harmed through an assult, affary, or other disturbances
Constitution	The rules and practices that determine the composition and functions of the organs of central and local government in a state and regulate the relationship between the individual and the state.
Constituency	An area of the UK for which a representative is elected to membership of the House of Commons or the European Parliament
Pro Bono Publico	[Latin: for the public good] 1. Describing legal work that is carried out unpaid for the good of the general community. Pro bono work is increasingly performed by law students, who are provided with indemnity insurance for the purpose.
Mediation	A form of alternative disputeresolution in which an independent thord party (mediator) assists the parties involved in a dispute or negotiation to achieve a mutually acceptance resolution of the points of conflits
Duress	Pressure, especially actual or threatened physical force, put on a person to act in particular way.
Jurisprudence	The theoretical analysis of legal issues at the highest level of abstraction. jurisprudence may be distinguished from both legal theory and the philosophy of law by its concern with those questions that arise within or are implied by substantive legal disciplines.

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	Created by gerryshing almost 11 years ago