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Flashcards by Sally C, updated more than 1 year ago
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Created by 周登辉
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| Question | Answer |
| Definition of Law | Rules and regulation passed by higher authorities to regulate the conduct of the society or community |
| Differences between Civil Law and Criminal Law? | |
| Name 2 Supreme Courts | Court of Appeal High Court |
| Name 3 State Court | District Court Magistrates Court Small Claims Tribunal |
| Jurisdiction of Court of Appeal | Hear appeals from the High Court |
| Jurisdiction of High Court | 1st instance for Civil more than $250,000 and Criminal jurisdiction |
| Jurisdiction of District Court | 1st instance for Civil $60,000 - $250,000 and Criminal jurisdiction less than 10 years |
| Jurisdiction of Magistrates Court | 1st instance for Civil less than $60,000 and Criminal jurisdiction less than 3 years |
| Jurisdiction of Small Claims Tribunal | 1st instance for civil less than $10,000 or $20,000 if both parties agree |
| Name 5 Alternative Dispute Resolution (ADR) | 1.Arbitration 2.Mediation 3.Conciliation 4.Tribunals 5.Negotiation |
| Define Stare Decisis | 遵循先例 – to stand by what has been decided |
| Define Ratio Decidendi | 法律原则 – the material decision |
| Define Obiter Dicta | 附带意见 – by the way statement, opinion or view |
| Differences between Ratio Decidendi and Obiter Dicta ? | |
| What are the advantages of precedent? | 1.Certainty 2.Consistencies 3.Uniformity 4.Persistence 5.Help to anticipate the result thus encourage out of court solutions |
| What are the disadvantages of precedent? | 1.Difficult to identify ratio decidendi and obiter dicta 2.Too rigid, no much choice for lower court 3.Law develops in a slow pace 4.Overlapping - too may case law with similar references |
| Give 4 written source of Law | 1.Constitution 2.Legislation (Statute) 3.Delegated legislation 4.Judicial Precedent |
| Give 3 unwritten source of law | 1. Equity 2.Common Law 3.Case law |
| What is Statute ? | A piece of legislation passed by the Singapore Parliament |
| What is Delegated Legislation ? | A.K.A Subsidiary Legislation / Subordinate Legislation Any law passed other than parliament Cannot conflict with Constitution or Statute |
| What is Judicial Precedent ? | A decision of the court used as a source for future decision making. |
| What is Equity ? | A supplement to prevent common law to give a too harsh result, which is also use to address fairness |
| What is Common law ? | Is law developed by judges, courts, and similar tribunals, have precedential effect on future cases. |
| What is Case Law ? | Interpretation of Statute, it is a Judge made law |
| What are the Canons of interpretation ? | 1.Literal rule 2.Golden rule 3.Mischief rule |
| What is Literal rule ? | The court will look into plain ordinary meaning / dictionary meaning |
| What is Golden Rule ? | Allows a judge to depart from a word's normal meaning in order to avoid an absurd result. |
| What is Mischief Rule ? | Judges will look at the defect of the common law |
| What is Purposive Approach ? | Judges will look at the purpose of Parliament in legislation of the law. I.e. to read he whole statue and to look at the intention of Parliament |
| What are the elements of contract ? | 1.Offer 2.Accptance 3.Consideration 4.Consenting mind 5.Capacity 6.Certainty 7.Intentino to create legal relations |
| Types of invitation to treat | 1.Dispaly of goods 2.Auction 3.Bilateral dvertisment 4.Mere enquiry 5. Price list 6. Tender |
| What are the differences between Offer and Invitation to treat? | |
| What are the ways to terminate an offer? | 1. Revocation 撤销 2.Rejection 3. Non-fulfilment of condition 4.Couter-offer 5.Death of the parties |
| What is Consideration ? | Money or money’s worth – an act, promise, hardship, detriment or forbearance |
| What are the types of consideration ? | 1. Executory consideration 2. Executed consideration 3. Past consideration |
| What is Excutory consideration ? | Where the party will perform an act which will eventually become executed. |
| What is excuted consideration ? | Where one party does something at another party’s request for some payment or money |
| What is Past consderation ? | Where the act has already been done and the promise came later |
| What is Promissory estoppel ? | A party is prevented from going back to his promise even through there may be no consideration provided. |
| What are the Limitations of promissory estopple ? | 1.Shield and not a sword 2.The promise must be clear 3There must be reliance on the promise 4.It must not be equitable to back to the promise (unfair to break) |
| What si Doctrine of privity ? | Only contracting parties can sue each other- the party that provides consideration can sue each other |
| What is void agreement / contract ? | Agreements not recognized by courts or law. E.g. illegal contract |
| What is Voidable agreement / contract ? | Agreement which lack voluntariness, consenting mind and free consent. E.g. contract obtained by coercion, fraud, duress, misrepresentation and mistake. |
| Differences between Void agreement and Voidable agreement ? | |
| What is Misrepresentation ？ | It is a false staterment of fact, which induced a party and was relied by the party to enter in to a contract |
| What are the types of Misrepresentation ? | 1.Fraudulent Misrepresentation 2.Negligent Misrepresentation 3.Innocent Misrepresentation |
| What is Fraudulent misrepresentation ? | It is cheat or deceit, where the party knowingly lied or he doesn't believe in the truth of the statement, and has the intention to cheat. |
| What is Negligent misrepresentation ? | It is reckless or careless act, where the party did not take reasonable care on the truth of the statement |
| What is innocent misrepresentation ? | Where the party has reasonable grounds to believe it is true, and there is no element of false and careless. |
| What are the remedies for misrepresentation ? | Rescission and damages for all 3 types. Negligent and innocent can claim damages in lieu. |
| Who can imply a term ? | 1. Fact 2. Law 3. Custom |
| What cannot be excluded by an exclusion clause ? | 1. Death 2. Personal injuries 3. Liability for negligence |
| what is Contra Proferentum Rule ? | When an exclusion clause is not clearly worded, the party relying on it must explain, otherwise that party may bear the damages |
| What are the ways to discharge a contract ? | 1. By performance 2. By agreement 3. By breach of contract 4. By frustration 5. By death |
| What is Discharge by frustration? | An occurrence of an event which is neither party's fault, which make the contract impossible to perform |
| How to determine a discharge by frustration ? | Both party has no knowledge, no intention, no control and no fault at the event |
| What are the limitations of discharge by frustration ? | 1. Cannot be self-induced 2. Must have no intention, no knowledge and no fault 3. There must be no alternative way |
| What are the remedies of discharge by frustration ? | Deposit paid can be recovered Future money ceased to be payable Pay for the benefit enjoyed |
| What are the remedies available for Equity Law ? | 1. Specific performance 2. Injunction 禁令 3. Damages 4. Rescind 撤销 5. Restitution 复原 6. Reimbursement 补款 |
| What is the remedy available for Equity Law ? | Monetary Compensation |
| What is Tort ? | Civil wrong |
| How to prove Negligence ? | 1. Duty of care 2. Breach of duty of care 3. Causation 4. Damages 5. Remoteness |
| How to prove Duty of care ? | Single Composite Test - 1. Foreseeability 2.Proximity 3.Policy consideration on just and reasonable |
| What is Professional negligence ? | A breach of the duty of care between professionals and their clients. |
| What are the differences between Negligent misrepresentation and Negligent misstatement ? | |
| What is Passing off? | Any person who carries on a business by using another business’ named Defence of tort |
| What is Express authority ? | A.K.A. Actual Authority - where the partnership will be bound by the partners’ authority so are the other partner |
| What is Implied authority ? | A.K.A Apparent authority / Ostensible authority - where the partners are presumed to be a partner even though he may lack the authority |
| What is the liability of a partner in a partnership ? | Jointly and severally for any liability of the partnership |
| What are the similarities between Partnership and Limited Liability Partnership ? | |
| What are the differences between Partnership and Limited Liability Partnership ? | |
| What are the similarities between Company and Limited Liability Partnership ? | |
| What are the differences between Company and Limited Liability Partnership ? | |
| What are the differences between Company and Sole proprietorship? | |
| How many members does a Private company have ? | 1 - 50 |
| How many members does a Exempted Private company have ? | 1-20 |
| How many members does a Non-exempted Private company have ? | 21-50 |
| How many members does a Public company have ? | Unlimited number of members |
| What is the use of a Separate legal personality ? | 1. Can sue and be sued in its own name 2. Can own property in its own name 3. Perpetual succession 4. Members has limited liability |
| What is an Ultra vires act ? | Acting beyond the authorities or powers |
| How many vote is needed to pass an Ordinary resolution and how long is the notice period? | More than 50% vote 14 days’ notice |
| How many vote is needed to pass an Special resolution and how long is the notice period? | More than 75% vote 21 days’ notice |
| What is 28-days notice period for ? | For removal of director or auditor or liquidator |
| What is Fixed charge ? | Where the company’s immovable properties are charged to the creditors |
| What is Floating charge ? | Company’s present and future properties, which the company can still deal with, are charged to the creditor. |
| What is Executive director ? | A full time director and also an employee of the company |
| What is Non-executive director ? | A part time director and who are not the employee of the company |
| What are the Director's duties ? | |
| What are the types of director's duties ? | 1. Fiduciary duty 2. Common law duty 3. Statutory duty |
| Explain The proper plaintiff rule. | If a wrong is done to the company, only the company can sue |
| Explain The majority rule. | Decision taken by the majority shareholders are binding on the minority shareholders. |
| Explain Derivative action . | A member may derive his authority to sue on behalf of the company |
| Explain Representative action . | A member may also sue on behalf other members |
| Explain Personal action . | A member may also sue personally in his own capacity |
| What is Minority protection ? | It is the protection provided when the minority shareholder treated oppressively and unfairly. |
| Procedure for voluntary winding up by member | 1.Director make a declaration of solvency 2.A special resolution passed 3.A liquidator is appointed |
| Procedure for voluntary winding up by creditor | 1.A meeting of creditors to be held upon a special resolution 2.Liquidator appointed |
| Procedure for compulsory winding up | 1.Initiated by a petition to the court 2.Liquidator will be appointed by the court |
| Who can give petition to the court ? | Creditor, contributor, company liquidator and etc. |
| What are the grounds for winding up ? | Unable to pay debts Just and equitable Company used for unlawful purpose |
| What is Judicial management ? | Managing the company’s business by appointing a judicial manger |
| What is Scheme of arrangement ? | An arrangement to compromise with creditors on the rights and obligation |
| What is Corporate governance ? | How companies are controlled and administered |
| What company are required to have an audit committee, and what is the composition of an audit committee ? | Required for listed company, must have at least 3 members, who are non-executive directors |
| What is quorum ? | Minimum number of person required to attend a meeting, which is normally 2. This is stated in AA |
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