Term
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Definition
| This system of law was developed in England and has as its hallmark the tradition of following previously decided cases to guide the case before her. |
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Term
| (J2) Parliamentary Supremacy |
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Definition
| This legal principle recognizes that elected parliaments and legislatures have the authority to enact legislation that will override any judge made law whether in the form of common law or equality. |
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Term
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Definition
| This legal principal requires judges to follow earlier decided cases in determining the applicable legal principles to be applied in that case before that judge. |
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Term
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Definition
| This legal principle requires a judge to consider whether a person owed a duty of care to another and, if so, whether that person exercised a reasonable standard of care in carrying out their own actions that may have caused harm to that other person. |
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Term
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Definition
| This legal defense allows a person who has made and published false and derogatory comments about another person to avoid liability based on the idea that the comments were made about a topic of genuine public interest. |
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Term
| (J6) Contributory Negligence |
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Definition
| This legal concept allows a judge to reduce an award of damages due the victim's own carelessness that contributed to the harm suffered. |
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Term
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Definition
| This is a legal obligation that arises from a voluntary exchange of promises that are legally enforceable in our courts. |
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Term
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Definition
| This legal doctrine requires a person to pay a reasonable amount for a requested service or product even if an enforceable contract for that service or product was not made. |
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Term
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Definition
| This term describes the situation in which a victim of a breach of contract has the option to either end/rescind the contract or continue with the agreement and simply sue the other party for financial compensation due to the breach. |
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Term
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Definition
| The type of contractual term which if breached allows the victim to rescind the contract. |
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Term
| (J11) Fraudulent Misrepresentation |
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Definition
| This happens where a person makes a statement of fact which they know to be false and the other person relies on that false statement in deciding to enter the contract. |
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Term
| (J12) Anticipatory Breach |
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Definition
| This term describes the situation where one party has made it clear that they will not perform a future contractual obligation but the time for doing so has not arrived. |
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Term
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Definition
| A situation in which the parties to a contract for a sale of goods stipulate when title and risk for the goods will transfer from the vendor to the purchaser. |
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Term
| (J14) Fitness and Quality |
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Definition
| The Sale of Goods act contains provisions, inter alia,imposing obligations on the vendor as to these qualities of the product being sold. |
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Term
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Definition
| This person will represent another in a contractual negotiation and has the authority to enter into contract on behalf of the other person. |
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Term
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Definition
| The person representing another will have the other's specific permission to carry out the tasks on behalf of the other person. |
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Term
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Definition
| A person acquiring possession of a chattel in a bailment. |
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Term
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Definition
| This type of property is both tangible and moveable. |
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Term
| (J19) Equity of Redemption |
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Definition
| Mortgagor retains an interest in land even after default. |
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Term
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Definition
| This type of loan allows an owner of land to borrow money from a financial institution in return for registration of this type of interest against the land. |
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Term
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Definition
| A person who can foresee that they will receive financial losses due to a breach of contract must take reasonable steps to limit or avoid such losses. |
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Term
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Definition
| Conduct of principle suggests to third party that agent has authority to act on the principals behalf. |
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