LIST OF INTERNET SOURCES

1.The Law Society of England and Wales: http:// www.lawsociety.org.uk. The Law Society of England and Wales represents solicitors in England and Wales. From negotiating with and lobbying regulators, government and others, to offering training and advice, we're here to help, protect and promote solicitors.

2.The National Archives: http://www.legislation.gov.uk. The National Archives is a United Kingdom government department and an executive agency of the Ministry of Justice. They are a centre of expertise in every aspect of creating, storing, using and managing official information. As the official government archive for England, Wales and the United Kingdom, they hold over 1,000 years of the nation's records for everyone to discover and use. They preserve the UK public record, and make it accessible. Their expert advice and guidance help members of the public and researchers of all kinds to study the information held in our collection, and to explore the history of our nation and their own ancestors. At the same time, they champion wider access to information generated by the public sector, so that it can be shared and re-used by citizens, community groups and businesses.

Today the National Archives brings together the skills and specialisms needed in our digital world for managing and preserving government information past, present and future – and for making it accessible to its users.

3.The UK Statute Law Database: http://www.statutelaw.gov.uk/Home.aspx. The UK Statute Law Database (SLD) is the official revised edition of the primary legislation of the United Kingdom made available online. The new site brings together legislation from SLD with the 'as enacted' legislation currently published on the website to provide a single legislation service that will replace the current services. The SLD website will remain in place until all content and functionality is available on the new site. There are a few Acts that have not yet been migrated from SLD. These will be loaded onto the new site over the next month. Some functionality currently available on SLD is not yet available on legislation.gov.uk (full content search, 'Geographical Extent' and 'Point in Time' advanced search options, 'Confers Power' and 'Blanket Amendment' information).

4.The Judiciary of England and Wales: http://www.judiciary.gov.uk/. This section tells you how the judiciary is organised and governed, who speaks out for judges and what 'judicial independence' really means. You can also find out more about individual types of judge, including where they sit, the types of cases they hear, how they are appointed and what they wear in court. Lord Judge: “To be the judges and magistrates ... we need to be intelligent, knowledgeable about the law, but more importantly perhaps, wise in the ways of the world, sensitive to others from different backgrounds to our own, fair and open-minded and balanced, independent in spirit, courageous to do what is right even when it will be unpopular: perhaps indeed most of all when it will be unpopular, whether with politicians, the executive, or the media.”

5.A weblog of Maxwell S. Kennerly: http://www.litigationandtrial.com. Maxwell S. Kennerly is a civil litigation and trial attorney at The Beasley Firm in Philadelphia, Pennsylvania. It is a website comprised of short entries displayed in chronological order and organized by subject matter. This site is a "legal" weblog. There are about 2,000 active "blawgs" in the United States, listed at places like Blawg.com, Justia.com, and the former 3L Epiphany. As a lawyer he typically represents plaintiffs in civil litigation and at trial, and that's the focus of this weblog. This weblog is geared towards lawyers, law students, and people interested in the law. Most of the posts talk about the details of litigating and trying cases. Non-lawyers may be interested in the posts discussing the law for non-lawyers, in the posts about productivity & office management, and the brain food.

6.Cornell University Law School / Legal Information Institute: http://www.law.cornell.edu. It is a not-for-profit group that believes everyone should be able to read and understand the laws that govern them, without cost. They carry out this vision by:

- Publishing law online, for free.

- Creating materials that help people understand law.

- Exploring new technologies that make it easier for people to find the law.

Legal Information Institute is a small research, engineering, and editorial group housed at the Cornell Law School in Ithaca, NY. Our collaborators include publishers, legal scholars, computer scientists, government agencies, and other groups and individuals that promote open access to law, worldwide.

7.Directgov: http://www.direct.gov.uk. Directgov is the UK government's digital service for people in England and Wales. It delivers information and practical advice about public services, bringing them all together in one place.

8.Court Funds Office, the Official Solicitor and Public Trustee: http://www.courtfunds.gov.uk. The Court Funds Office (CFO) was established in 1726 by an Act of Parliament and the creation of the post of Accountant General of the Court of Chancery (later to become CFO). We administer funds paid 'into court' as a result of civil proceedings in courts in England and Wales, including the High Court. This involves accepting monies in, known as lodgments; investing monies and making payments to claimants. The Official Solicitor is part of the judicial system of England and Wales (excluding Scotland and Northern Ireland), while the Public Trustee is a separate and independent statutory body, and both are appointed by the Lord Chancellor and administered as part of the Ministry of Justice.

9.The Ministry of Justice:http://www.justice.gov.uk. The Ministry of Justice is one of the largest government departments, with around 95,000 people (including probation services) and a budget of £9.2 billion. Its work spans criminal, civil and family justice, democracy, rights and the constitution. The Ministry of Justice works to protect the public and reduce reoffending, and to provide a more effective, transparent and responsive criminal justice system for victims and the public. It also provides fair and simple routes to civil and family justice. The Ministry of Justice has responsibility for different parts of the justice system – the courts, prisons, probation services and attendance centres. It works in partnership with the other government departments and agencies to reform the criminal justice system, to serve the public and support the victims of crime. It also is responsible for making new laws, strengthening democracy, modernising the constitution and safeguarding human rights.

GLOSSARY

Acceptance – agreement to the terms of an offer that, provided certain other requirements are fulfilled, converts the offer into a legally binding contract

Bargain – an agreement between parties fixing obligations that each promises to carry out

Bribe – something, such as money or a favour, offered or given to induce or influence a person to act dishonestly

Capacity – competence to enter into a legally binding agreement

Cohabitation – living together as husband and wife

Collateral contract – a subsidiary contract that provides a person to enter into a main contract

Commission – authority to exercise a power or direction to perform a duty

Consideration – an act or promise by one party to a contract that constitutes an agreement with other party; recompense

Deed – a written document that must make it clear on its face that it is intended to be a deed and validly executed as a deed

Duress – illegal coercion or confinement

Estoppel – a rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist

Fraud – a person who cheats, who assumes a false pose; an impostor

Freedom of contract – 1. It is the individual’s choice whether or not to enter into a contract, and if so with whom - in other words, the freedom to contract, or “party freedom”. 2. It is the freedom to decide on the content of the contractual obligations undertaken, or “term freedom”. This allows parties to make unwise, and even unfair, bargains - it is their decision, and the courts will not generally intervene to protect them from their own foolishness.

Injunction – a court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).

Joinder of documents – the connecting together of two or more documents so that, jointly, they fulfill statutory requirements when one of the documents alone would be insufficient.

Misrepresentation – an untrue statement of fact, made by one party to the other in the course of negotiating a contract that induces the other party to enter into the contract

Negligence – 1. Carelessness amounting to the culpable breach of a duty: failure to do something that a reasonable man would do or not do. 2. A tort consisting of the breach of a duty of care resulting in damage to the claimant

Offer – an indication of willingness to do or refrain from doing something that is capable of being converted by acceptance into a legally binding contract

Prima facie – (Latin) a legal presumption which means “on the face of it” or “at first sight”. Law-makers will often use this device to establish that if a certain set of facts are proven, then another fact is established prima facie. For example, proof of mailing a letter is prima facie proof that it was received by the person to whom it was addressed and will be accepted as such by a court unless proven otherwise. Other situations may require a prima facie case before proceeding to another step in the judicial process so that you would have to at least prove then that at first glance, there appears to be a case.

Remedy – any of the methods available at law for the enforcement, protection, or recovery of rights or for obtaining redress for their infringement

Restitution – the return of property to the owner or person entitled to possession

Tort – a wrongful act or omission for which damages can be obtained in a civil court by the person wronged, other than a wrong that is only a breach of contract

Trial – the hearing of a civil or criminal case before a court of competent jurisdiction. Trials must, with rare exceptions be held in public. At the trial all issues of law and fact arising in the case will be determined.

Trial at bar – trial on indictment before three or more judges of the Queen's Bench Division and a jury: formerly used for the trial of criminal cases of exceptional public importance. The last such trial was that of Sir Roger Casement for treason in 1916 and the procedure was abolished by the Courts Act 1971.

Trial on indictment – the trial of a person charged with an indictable offence, which is conducted by jury in the Crown Court. The indictment is read out to the accused at the start of the trial. There are a number of differences between trial on indictment and summary trial (i.e. by magistrates). The courts have power to impose greater penalties on indictment and there is no time limit before which indictable offences must be tried (most summary offences must be tried within six months).

Trier of fact – a member of a court who has the duty to decide questions of fact. In criminal trials on indictment and civil trials with a jury, the jury is the trier of fact; in civil trials by judge alone and in summary trials, the judge and magistrates, respectively, decide all issues both of law and fact.

Unilateral contracts – a contract in which one party (the promisor) undertakes to do or refrain from doing something if the other party (the pкomisee) does or refrains from doing something, but the promise does not undertake to do or refrain from doing that thing.

Voidable contracts – a contract that, though valid when made, is liable to be subsequently set aside

Wagering contracts – A sort of gaming contract - a contract involving the playing of a game of chance by any number of people for money or money's worth. A wagering contract is one involving two parties only, each of whom stands to win or lose something of value according to the result of some future event (e.g. a horse race) or to which of them is correct about some past or present fact: neither party can have any interest in the contract except his stake. In general, gaming and wagering contracts are by statute null and void and no action can be brought to recover any money paid or won under them.

Warranty – a term or promise in a contract, breach of which will entitle the innocent party to damages but not to treat the contract as discharged by breach

Annexes

Principles of European Contract Law

[Part 1, 1995]

Part I - Performance, Non-performance, Remedies.

Date: 2015-01-02; view: 864