Tomas Kann
Flashcards by Tomas Kann, updated more than 1 year ago
Tomas Kann
Created by Tomas Kann almost 6 years ago



Resource summary

Question Answer
HASAWA Health and Safety at Work etc Act 1974 (HASAWA)
What do you think your main obligations might be as an employee according to HASAWA? The legislation requires you to behave in a manner that does not create a danger for yourself and others
What is the correct way to move a heavy object? Manual Handling Operations Regulations 1992 Your feet slightly apart, your back straight. Bend your knees and hold the object close to your body, then straighten your knees to lift it up. If necessary you should ask somebody else to help you. If possible you should avoid the move altogether, for example by using a trolley.
DSE meaning and by what regulation is covered? Health and Safety (Display Screen Equipment) Regulations 1992
In England and Wales, who or what makes the rules which make up our body of laws? Parliament is the body that has the power to make laws in England and Wales (in Wales the Welsh Assembly has power to make laws for some areas)
Exampled of law of contract Terms of Business with the landlord
Examples of law of tort An agent being negligent in performing their duties
Example of law of property If a property is held freehold or leasehold
Private Law This is the relationship between individuals, and between individuals and corporate bodies.
Public Law This is the relationship of government and local authorities with eah other, and with us individuals or with corporate bodies.
Criminal Law This covers activities which are thought to be detrimental to the state or society as a whole, and are punishable by the state. This covers everything from road traffic offences to murder. For letting agents this would include breaching the Protection from Eviction Act 1977. The state would prosecute and those found guilty can be fined or face imprisonment.
Civil Law This covers activities between individuals and organisations, which are not criminal. Contract Law would be included here. People are sued and face paying damages or an equitable remedy.
There are effectively six sources of law 1. custom 2. judicial precedent 3. books of authority 4. Law Commission 5. legislation 6.European Union
Customary law (custom) has become what is known as...? Common Law
Judicial Precedent This is the practice of deciding new cases by referring back to the decisions in old cases. Where cases are similar, it is important that the decisions of the courts are similar so that we can be certain about the law. Precedent is affected by the hierarchy of the courts, as a decision made in a higher court is binding on a lower court.
Books of Authority These are certain legal books which are often quoted by lawyers in court and are regarded as an authority on particular aspects of the law.
Law Commission The Law Commission is a permanent body established under the Law Commission Act 1965 to keep the law under review. It consists of a chairman and four lawyers of high standing. It is independent of both the government and the Law Society and Bar Council (the lawyers' professional bodies). This is an important influence on the development of the law. The Commission can make proposals, where necessary, for change or new laws.
Legislation Legislation or statute law has become the dominant form of law making. It is those laws contained in Acts of Parliament or Regulations or Orders linked to the Acts. All powers to make laws have been given to Parliament, or are derived from Parliament. Parliament can make laws and the courts must apply the laws that have been passed.
European Union British citizens have a right to appeal to the European courts on matters affected by European-based legislation.
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