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Business Law & Ethics Notes, ATI, CPA, ACCA

Welcome to my ATI / ACCA / CPA law cram/notes booklet, before I go on, I will just explain that not every topic in the ATI / ACCA / CPA exams is covered in this book but probably 70% of the major areas are, (this is a revision and cram booklet, not a textbook).  I teach ATI & CPA law and ethics and business management and have found that putting notes together for my students has proved invaluable and also helps me to ensure that no areas are left unstudied.

The primary aim of law revision is to prepare yourself for the exams ahead, these law notes have all of the relevant topics you need to pass your ATI / ACCA / CPA exam, of course you must have the information in the first place so ensure you have bought a good law manual, (my business law book, which covers ALL of the ATI / ACCA / CPA modules and LO’s, An Introduction to Business Law is available on Amazon)

It is vital that you prepare your study time using a study planner, (laid out below). Type or rewrite your lecture or book notes, (do not highlight) you learn easier and quicker when you are writing the notes, ensure that you use your textbook alongside your notes; this ensures you go back to cases etc. (I have not put many cases in these notes, these are notes not executive summaries)

Leave room in your notes for addendums and highlight those, use as little highlighting as possible, this ensure that your brain focuses on the highlights not merely sweeping by a whole page of highlights.

Doodle, yes doodle, draw little reminders, draw aspects which you can easily remember, use word association such as in the law of contract one case which dealt with the illegal sale of birds, was Partridge v Crittenden, a partridge is a bird….

Case names are very important, however it is just as important to know the facts of the case, and the ruling in the case, so I would suggest you read as many articles (and your textbooks) on each case, do your own notes and addendums, and be sure to write down the ruling.

Learning law is like learning a new language, so understand that you need to be immersed in it, to grasp it, read as many legal articles as you can, legal journals, find areas of law which really interest you. And my number one numer ono, numer jeden, get out and have some fun, it is okay to have a life, to have fun, hang out with your friends, just remember that all work and no play makes…….

Exam notes, cram notes or study notes – whatever you call them, they are the saviour for some law students. Instead of concentrating on exams many law students spent a large proportion of their study time preparing notes and flashcards. That’s where our law cram notes comes in, we take care of all of your important and precedent notes and cases, all prepared and put into modules.  Also included are Multiple Choice questions AND Answers, over 250 carefully chosen and selected MCQs to help you pass your exams.

Although I am now retired from teaching I still keep abreast of legal issues and updating books are required.  If you would like more detailed explanations of each module you can visit my website teresaclyne.com where you will get details of some of my other books including the Law of Contract, The Law of Tort, The Irish Legal System, Company Law and Business Law manuals.

Contents.
Introduction.
Section One or LO1.
The Irish Legal System.
The Organs of State.
Separation of Powers.
The Attorney General The Director of Public Prosecutions..
The Rule of Law.
Sources of law in Ireland.
Bunreacht na hÉireann, 1937.
Common law (Case Law and Precedent).
Legislation.
Primary legislation.
Secondary/delegated legislation.
Avoiding / Departing from precedent.
Statutory Interpretation.
Precedent – authoritative / persuasive.
Burden of Proof.
Standard of Proof.
Distinction between criminal and civil cases.
Law of Equity.
The Commercial Court.
EU Law, institutions – powers.
Primary Law.
Secondary Law.
The EU institutions:
EU Treaties.
Regulations.
Directives.
Decisions.
Recommendations.
Opinions.
The Differences between a solicitor and a barrister in Irish law.
Suing a Solicitor or Barrister.
Multiple Choice Questions.
TORT.
Types of Tort.
Aims of Tort.
Negligence.
Duty of care.
Breach (standard).
Causation.
Remoteness.
Strict liability.
Statute of limitations.
Misrepresentation.
Trespass to Person.
Battery.
False Imprisonment.
Defences to tort of trespass.
Trespass to Goods.
Conversion.
Sample conversion.
Trespass to Goods.
Detinue.
Trespass to Land.
Private Nuisance.
Defences to Private Nuisance.
Public Nuisance.
Defences in nuisance.
Remedies for Nuisance.
Damages.
Remedies for public nuisance.
Strict Liability.
Manufacturers Strict Liability.
Vicarious Liability.
Defamation.
Defences to Defamation.
Case Law (Tort “general”).
Defence in Tort.
Remedies.
Damages.
Nominal.
Injunctions.
Losses.
Elements of Passing off.
Multiple Choice Questions.
Privity of contract.
Consideration.
Discharge of Debt.
Evidentiary requirements in contracts.
Tenders (cases)
White v. Bluett Harvela Investments Ltd. V Royal trust Co. of Canada.
Felthouse V Bindley.
Edwards V Skyways.
Stilk V Myrick.
Hartley V Ponsonby.
Glasbrook Bros V Glamorgan County Council.
Revenue Commissioners V Moroney.
Lowry V Reid.
Implied contracts.
Voidable contracts.
Spurling V Bradshaw.
Misrepresentation.
Mistake.
Illegality.
Duress, Undue influence.
Capacity.
Unconsciousable Bargain.
Defences to unconciousable bargain
Discharging a contract, including discharge by frustration and exceptions to discharge by frustration Contract Add-ons (addendums).
Hadley V Baxendate.
Law of Agency.
Ratification.
Agency by Estoppel.
Agency by Emergency.
Multiple Choice Questions.
Sales contracts distinguished from other contracts.
Rules as to the Intentions of the parties.
Consumer Protection Act 2007.
Misleading practices Telling lies (about the product) or enticing a buyer to buy by telling them things about the item which are not true.
Aggressive Practices.
Multiple Choice Questions.
Negotiable Instruments.
Chose in Action.
Crossing cheques.
MCQ’s.
Business Organisations.
Company law.
Partnerships.
Types of partnership.
The Public Limited Company (PLC)
Key features Share capital requirements.
Constitution / Articles of Association / memorandum of Association.
Solutions to Multiple Choice Questions.

law cram notes

CLICK HERE TO BUY BUY BUSINESS LAW CRAM NOTES FOR ATI ACCA AND CPA

The Law of Tort in Ireland

The Law of Tort
Torts are concerned with civil wrongs, whereby one party causes damage to another party.
         • Tort is the French word for a “wrong” or Latin for “twisted”.
• Tort is a branch of Civil Law; therefore a tort in law is called a “Civil Wrong”
• Tort law protects a variety of injuries and provides remedies (ways to fix) them.
Torts can be distinguished from legal wrongs:
A Tort is not a breach of contract, where the obligation which is alleged to have been breached arose under an agreement between two parties.  A Tort is not a crime, where the object of proceedings is to punish the offender rather than compensate the victim.
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Using tort law, an injured party can bring a civil case to seek compensation for a wrong done to the party (plaintiff, or injured party) or the party’s property.
Tort damages or compensation are monetary damages that are sought from the offending party.
They are intended to compensate the injured party for the injury suffered.
The Law of Tort
Types of Tort
Intentional Torts
Trespass to the person
Threats
Silent phone calls
Trespass torts in medicine
Defences to the tort of trespass
Consent
Self-defence
Defence of Third Persons
Lawful Authority
Defence of Property
Duress (pressure or threat)
Trespass to Land
Trespass to Goods
Conversion
Sample conversion
Chose in Action (Intangible Property – Transferable by assignment)
Trespass to Goods – Detinue
Nuisance
Private Nuisance
Locus Standi
Omissions
Damage or Interference
Material Damage
Interference with enjoyment
Magnitude of harm
Nature of locality
Defendant’s motives
Social utility
Defences to Private Nuisance
Remedies
Injunctions
Public Nuisance:
Pure Economic Loss
Remedies
Damages
Injunctions
Private Rented Tenants:
Local Authority Tenants:
Private Homeowner:
Alarms
Passing Off
Elements of Passing off
Defamation
Defences to Defamation.
Defamation Cases in Ireland
Blasphemy
Defamation Act 2010
Defences
Damages
Unintentional Torts
Negligence
Duty of Care
Irish development in duty of care
Foreseeability and Policy Factors
Contributory Negligence
The Standard of Care
Breach (of the duty of care)
Causation
Causes-in-fact
The “but for” Test
Novus Actus Interveniens
Material Contribution test
Bolitho Test
Fairchild
Remoteness
“Cause in law”
The “thin skull” rule.
Professional Negligence
Defences in Negligence
Voluntary assumption of risk (defence of consent)
Illegality
Contributory Negligence
Damages
Strict Liability Torts
The Occupiers Liability Act 1995
Vicarious Liability
Employers Liability
Liability for Defective Products
Liability for Defective Products Act 1991 (No. 28 of 1991)
Rylands V Fletcher:
Statute of limitations
The lighter side of the law
Law of Tort – Multiple Choice Questions
Law of Tort – Multiple Choice Questions – Solutions
Glossary of Terms

Authored by Teresa M Clyne MSc

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