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Doubt?

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Doubt?

  • This topic has 11 replies, 2 voices, and was last updated 10 years ago by MikeLittle.
Viewing 12 posts - 1 through 12 (of 12 total)
  • Author
    Posts
  • July 20, 2015 at 5:30 pm #261168
    6shahir
    Member
    • Topics: 202
    • Replies: 296
    • ☆☆☆

    What do u mean by SC binds all English courts,but not itself
    and CA Bound by ECJ, SC and itself

    I dont understand the term itself in both cases?

    July 20, 2015 at 5:56 pm #261169
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    SC is Supreme Court

    CA is Court of Appeal

    ECJ is European Court of Justice

    (Are these not referred to in the notes immediately above?)

    July 20, 2015 at 6:38 pm #261171
    6shahir
    Member
    • Topics: 202
    • Replies: 296
    • ☆☆☆

    What is the difference between something binds something and not itself
    and something bound by something and itself?
    both the same meaning?s

    I dont understand your reply?

    July 20, 2015 at 8:45 pm #261184
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Imagine a vertical hierarchical structure with ECJ at the top, SC next underneath and CA below that.

    When SC makes a decision, that decision is binding on all lower courts including AC but is not binding on judges hearing subsequent cases at SC level (so binds all English courts but not itself)

    CA is bound by ECJ and by SC and by decisions made in previous cases by judges in cases heard by the Court of Appeal (so bound by ECJ, SC and itself)

    Better?

    July 21, 2015 at 9:54 am #261228
    6shahir
    Member
    • Topics: 202
    • Replies: 296
    • ☆☆☆

    yeah.. Whats AC?

    July 21, 2015 at 4:50 pm #261298
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Same as CA – Court of Appeal / Appeal Court

    Sorry – that wasn’t clear

    July 21, 2015 at 5:02 pm #261303
    6shahir
    Member
    • Topics: 202
    • Replies: 296
    • ☆☆☆

    thnk U 🙂

    July 21, 2015 at 5:56 pm #261326
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    You’re welcome

    July 25, 2015 at 6:58 pm #261962
    6shahir
    Member
    • Topics: 202
    • Replies: 296
    • ☆☆☆

    Can u explain me whats repudiatory breach is?

    July 25, 2015 at 7:50 pm #261980
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Repudiatory breach refers to the breach of a term in a contract that is sufficiently serious to justify treating the contract as terminated.

    A breach of a term that is a condition is an example of a repudiation breach

    Ok?

    July 26, 2015 at 8:37 am #262101
    6shahir
    Member
    • Topics: 202
    • Replies: 296
    • ☆☆☆

    okay understood its more of a vital term in the contract so sufficiently serious to justify treating the contract as terminated…

    July 26, 2015 at 5:10 pm #262260
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Rather than a term that is merely treated as a breach of warranty ie it doesn’t go to the root of the contract.

    Look at the cases (1) Poussard v Spiers & Pond and (2) Bettini v Gye for illustrative examples

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