BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
CLASSIFYING REMEDIES
a) Compensatory remedies - compensate C for loss
e.g. damages - if D fails to pay, various enforcement methods
C usually gets costs too (not part of damages)
b) Coercive remedies - prevent harm occurring/re-occurring
injunction
Specialised orders e.g. specific performance of a contract
Failure to obey order is contempt of court fine and/or prison and/or sequestration of assets
c) Declaratory remedies - interpret documents ad resolve disputes about parties' rights
declaration
i. preventative - resolve before parties take steps based on (false) view of matter
ii. indirectly 'coercive' - declaration puts parties on notice of legal interpretation of matter; if parties act contrary to that interpretation compensation + possible injunction
d) Exemplary or punitive remedies - punish offending party for deliberate/grave acts
order for exemplary/punitive damages - penalise D via civil (rather than criminal) litigation
Legal remedies - e.g. damages
Equitable remedies - e.g. injunction, specific performance - only awarded if legal remedy inadequate
WHO TO SUE
LEGAL PERSONALITY - determine legal status of both C and D
Individuals - same/different legal status?
Groups
1. determine if
trust
corporation
unincorporated association
2.
a. any limits on capacity?
b. who can bind the group i.e. how do rules of agency apply to type of legal status?
Trust
Determine roles of settlor, trustees, beneficiaries
e.g. if acting for trust, is action in trustees' power / in line with terms of trust?
Corporation - legal person separate from its members
Formed by:
Royal Charter
Statute
under Companies Acts as private/public company
Who has legal authority to act on behalf of corporation?
Unincorporated associations - no legal personality separate from members 1 member liable for acts of another
trade unions / employers' associations
(proprietary / members') clubs
partnerships
BUSINESS ASSOCIATIONS - incorporation for trade purposes
sole trader - individual trades in own name
partnership - 'the relation which subsists between persons carrying on a business in common with a view of profit' (s1(1) Partnership Act 1980)
company - registered under Companies Act 2006 (into force 1 Oct 2009; incorporated/restated CA 1985 and codified case law)
Formation
Sole Traders
no formalities to set up
personality of trader indistinguishable in law from individual (except for accounting purposes re: personal assets and assets owned by business)
business debts unlimited liability of sole trader
Partnerships
no formalities to form, but must satisfy s1(1) Partnership Act 1980 and be lawful business
Limited Liability Partnerships Act 2000 (IF 6 April 2001)
limited liability partnerships
cf formalities for company - law for partnerships does NOT apply / law for companies DOES
liability of partnership unlimited / liability of individual partners limited to obligation to contribute to assets on winding up
+ limited liability
- obligatory disclosure of info
Companies
comply with formalities in Companies Act 2006 (CA 2006)
file articles of association etc with Registrar of Companies certificate of incorporation + entry in register of companies + file at Companies House
legal person distinct from members (from date in cert of incorporation)
company has unlimited liability for debts (can be liquidated to pay creditors)
members NOT liable for debts - liability to contribute to assets limited by share/degree
Categorisation:
a) liability of members to assist co to pay its debts
i) ltd by shares - ltd to nominal value and any premium on shares (mostly for trading)
ii) ltd by guarantee - liability to contribute (only on liquidation) ltd to amount of guarantee (mostly non-trading e.g. educational)
iii) unltd company - liability to contribute (only on liquidation) unltd
b) ability to offer securities (shares/debentures) to public
i) public ltd company - must end with 'plc'
ii) private company - any other company. Unless unltd, must end with 'ltd' (some ltd by guarantee cos exempt). Companies that are unltd and ltd by guarantee MUST be private.
Groups of companies i.e. one controls other(s) by members' voting rights/composition of directors' board
holding co usually = principal shareholder of subsidiary
various companies = distinct legal persons with own debts
Internal management and control of the association
Sole traders - law has no impact, except to provide contractual remedies
Partnerships
partner = equity partner full rights
other 'partners' - e.g. sleeping, salaried - have limited/no partnership rights
Equity partners - own the firm (have invested capital) and manage business
rights set out in partnership agreement
s24 Partnership Act 1890 (PA 1980) - implies terms into agreement subject to express/implied agreement to contrary
i.e. terms apply insofar as not inconsistent with those agreed (expulsion of a partner must be express)
right to manage
right to access to books
differences decided by simple majority
BUT unanimity required for: change in nature of business; expulsion/introduction of a partner
s19 PA 1890 - rights and duties of partners may be varied by consent (express/implied by conduct) of all partners
ss 28-30 PA 1980 - partners must act in good faith towards one another
duty to act within actual authority
Companies
Decisions of the company (via voting)
The General Meeting - collective decisions of members (own company)
most decisions = simple majority; constitutional decisions = 75% majority
formalities set out in CA 2006; more stringent for public cos
impractical to hold members' meeting for all decisions decision-making power delegated to directors
The Board Meeting - collective decisions of directors (manage company)
once members delegate, board and GM cannot exercise simultaneously
Members and directors NOT usually same people ownership and management separate
Directors' duties
Pre-CA 2006 governed by...
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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