Do You Know English Law? Trivia Quiz

Answer: Equity

The only remedy at Common Law was damages, which was not always a satisfactory relief. Due to the priciple of binding precedents (judges were bound to follow the decisions of higher courts in similar cases), certain wrongs went unremedied merely because they did not fall within the limits of an existing writ (the Provisions of Oxford, 1258, forbade the practice of creating new writs). Equity (from the Latin "aequitas") filled in the gaps and provided more remedies, such as injunction, recission of contracts, rectification or specific performance.

Answer: injunction

If someone is walking over your land without your consent, he or she is committing a tort (Trespass to Land). An injunction would be the most reasonable remedy for that. An injunction may be used to prevent the continuance or repetition of the act of trespass.

Answer: Royal Assent

A bill goes through seven stages before it becomes an Act and is law: First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, House of Lords, and Royal Assent.

Answer: True

Although legal personality is acquired at birth, an unborn child does have the right to inherit.

Answer: Either party did not fully consent to the marriage

By the Matrimonial Causes Act (1973), a marriage after July 31, 1971, is void if either party is under 16 or already legally married, if the parties are not respectively male and female or within prohibited degrees (i. e. brother and sister, uncle and niece, etc.), if certain formal requirements are not complied with (e. g. marriage took place elsewhere than in a registered building), or if it is a case of polygamy.

There are, however, also voidable marriages. In contrast to void marriages, voidable marriages are valid until they are declared void by a competent court.

A marriage is voidable if either party cannot consummate or wilfully refuses to consummate the marriage, did not fully consent to the marriage (e. g. under duress), is unsound in mind, suffers from a venereal disease, or if the woman is pregnant by another man by the time of marriage. Any child born into a voidable marriage is illegitimate.

Answer: 10

It is presumed that a child under ten years does not have the criminal energy to commit a crime (doli incapax). This is an "irrebuttable presumption". Children between 10 and 14 might have criminal energy ("rebuttable presumption"). Minors of this age are liable for any crime they may commit if the court finds that such a child knew his or her conduct to be wrongful. Young persons over 14 are liable for criminal acts. Up to the age of 17, children and young persons are tried in a Juvenile Court and may not be sent to prison.

Other institutions, such as Community Homes and Detention Centres, are used for custodial treatment or punishment.

Answer: 1947

This Act abolished the ancient maxim that the sovereign could do no wrong and that no action could be brought against the Crown (that is, the state). Since 1947, the Sovereign has been considered capable of committing a tort or breach of contract (only in his and her function as Sovereign, though, not as an individual).

The Crown, as the largest employer of labor in England, also holds vicarious liability, i. e. the employer is responsible for the employees.

Answer: Express Contracts

An express contract, as well as an implied, executed, and executory contract, is a type of simple contract. Simple contracts are not under seal. They may be made orally, in writing, or implied by conduct. Specialty contracts or contracts by deed are used for various transactions such as conveyance of land, lease of property for more than three years, or articles of partnerships.

They must be signed, sealed, and delivered. Contracts of record are Judgments of a Court and Recognizances.

Answer: misrepresentation

There are three types of misrepresentation: innocent, negligent and fraudulent misrepresentation. For the first two, the most frequent remedies are damages and recission of the contract, whereas in the case of fraudulent misrepresentation, the other party can sue for deceit.

Answer: agreement, consent

A professional boxer, for instance, cannot sue his opponent for trespass to the person if he gets injured during the fight (provided that the other boxer abided by the rules, of course), since he knew before that he might get injured, and agreed to it.