| What are the sources of law in England & Wales ? | - Case Law
- Statute Law
- EU law |
| What is Case Law? | "The judicial interpretation, explanation and application of law by reference to individual cases." - ACCA
This is the doctrine of precedent. |
| What is Statute Law? | "Laws enacted directly by Parliament or indirectly under Parliament's authority" - ACCA |
| What is the ranking of laws? | "Legislation takes precedent over case law." |
| What is Trust? | "A relationship in which a person owns and manages assets for the benefit of another person." - ACCA |
| What is a Trustee? | "The person who owns and manages the assets." - ACCA |
| What is a Beneficiary? | "The person on whose behalf [a] trustee manages the assets." - ACCA |
| What is the remedy in common law? | Damages |
| What are the remedies in equity law? | - Injunctions
- Rescission
- Specific performance
- Estoppel |
| What are injunctions? | "Court orders compelling a person to do something or to cease doing something required to remedy the claimant's problem." - ACCA |
| What is Rescission? | "A declaration that a defective contract is void (i.e. legally ineffective from its inception) so that the parties must return to one another any money or other assets which had changed hands between them under the contract." - ACCA |
| What is a specific performance? | "A court order compelling a party to a contract to perform their obligations under the contract." - ACCA |
| What is Estoppel | "A civil court has power in exceptional circumstances to estop (i.e. prevent) a person going back on something said or promised (even though not strictly bound by contract or other law)." |
| If there is a conflict between Common Law and Equity, which hold precedent? | Equitable principles prevail over common law. |
| When are the Equitable (Equity law) principles' remedies available? | These are only awarded at the court's discretion and are only awarded when damages would not be adequate to resolve a matter. |
| What are Statutes? | Acts of parliament |
| What can statutes do? | - Introduce new laws
- Repeal old laws
- Codify case law into statutory law
- Consolidate existing legislation on the same subject into a single statute. |
| What laws can statutes override? | They can override case laws. |
| What is Delegated legislation? | "Rules which have the authority of statutes but which are made indirectly, under parliamentary authority." - ACCA |
| What are Statutory Instruments? | "Rules and regulations made by government departments under the authority of Parliament." - ACCA |
