bluuebunny/crossref_metadata_2025 huggingface dataset:
9. Defences to negligence
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter considers three defences. It begins with a discussion of the principle of contributory negligence. It presents cases showing that the rules for establishing contributory negligence on the part of the claimant are not the same as the rules for establishing liability for negligence on the part of the defendant. It then turns to voluntary assumption of the risk or consent (sometimes referred to as volenti non fit injuria) which provides a complete defence to an action. The defence is based on the view that a person cannot sue if he consents to the risk of damage. Finally, the chapter considers the defence of illegality, which arises when the tortious action is in the context of the claimant’s and/or defendant’s participation in an unlawful act.
17. Actions under Rylands v Fletcher
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter first looks at the idea of there being a form of strict liability for the escape of things brought onto and kept on land, arising from the case of Rylands v Fletcher. It continues by looking at the concept of ‘adopting a nuisance’; that is, allowing a nuisance on land to continue or failing to remove a natural hazard on land that ought to have been removed or been attended to, for example in order to prevent a one-off escape. Cases in this area have led to the existence of a ‘measured duty of care’, seemingly bringing the land torts closer to negligence.
The Substantive Law of the EU
Authors: Barnard Catherine
Published: August 2019

The Substantive Law of the EU provides a critical and thorough analysis of the key principles of the substantive law of the EU, focusing on the four freedoms (goods, persons, services, and capital). An introductory chapter provides valuable context on the nature of the internal market, its evolution, and the theories behind its key principles. Each of the freedoms is then dealt with in turn. The book concludes with a discussion of harmonization, the regulation of the internal market, and its future.
6. The Free Movement of Persons: Key Principles
Authors: Barnard Catherine
Published: August 2019

This chapter provides an overview of the principles which apply to the free movement of all persons. In order to benefit from the free movement rules, the claimant must fall within the personal, material, and territorial scope of the Treaty provision and, in addition, must be able to rely on the Treaty provision against the particular defendant (the principle of direct effect). The chapter then discusses the scope of the Treaty prohibition. It shows that, at least in principle, refusal of entry/deportation, discriminatory measures, and non-discriminatory measures which impede market access are all prohibited by the various provisions of the Treaty.
8. Freedom for Individuals to Provide and Receive Services
Authors: Barnard Catherine
Published: August 2019

Articles 56–7 TFEU lay down the principle of freedom to provide services on a temporary basis by a person established in one Member State to a recipient established in another. This chapter first considers who is entitled to benefit from the services provisions and the rights they enjoy in respect of: (1) initial access to the market; (2) the exercise of the freedom; and (3) the enjoyment of social advantages.
10. Legally resident third-country nationals and the EU
Authors: Barnard Catherine
Published: August 2019

This chapter considers the position of third-country nationals (TCNs) in the EU. It discusses Union legislation on free movement, residence, employment, and family rights for TCNs. For EU citizens the state’s ability to exclude or expel is interpreted restrictively; for TCNs the relationship between the individual and the state is reversed. The chapter discusses measures concerning those already lawfully resident in the EU, the ‘first admissions’ directives and the rights of Turkish workers and their families in the EU.
13. Free Movement of Capital and Economic and Monetary Union
Authors: Barnard Catherine
Published: August 2019

This chapter discusses the development of free movement of capital in the EU. It covers the scope of the provision on capital; national measures that are prohibited under Article 63 TFEU; express derogations and public interest requirements. The chapter begins by examining why free movement of capital is considered an important part of any trading area before briefly examining its evolution in the EU. The chapter then analyses the detail of the Treaty provisions on capital.
2. Legislation
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.
8. Books, journals, and official publications
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners’ books, legal encyclopaedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, bills, parliamentary papers, parliamentary debates, Law Commission reports) among the secondary sources which may be encountered during legal studies.
10. Study skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter focuses on the skills needed to study law. It begins by describing how a law degree is structured and what sorts of activities students are likely to take part in as part of that degree. It then discusses lectures, seminars and tutorials, note-taking, working with others, time management, learning from feedback, and personal development planning.
11. Writing skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter outlines the elements of good written English with particular emphasis on the way that language is used in academic legal writing. It includes sections on language, grammar, and punctuation as well as practical guidance on matters such as selecting quotations and writing in a concise manner so as to keep within the word limit.
12. Legal reasoning and ethics
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter provides an introduction to legal reasoning. It first outlines the skills to analyse how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.
15. Answering problem questions
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter focuses on the skills needed to use the law to answer a problem question. It guides students through the process of analysing a scenario in order to identify the relevant issues to ensure that their answers are comprehensive and do not miss any important points. It outlines strategies to ensure that the law is applied effectively and that good use is made of supporting authorities.
18. Presentation skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter draws upon some of the material covered in previous sections of the book that focused upon helping students locate and understand the law in order to prepare and deliver an effective oral presentation. It starts by outlining some guidelines on preparing a presentation, including selecting an appropriate topic and making decisions about the use of supplementary materials such as handouts or PowerPoint slides. It then considers issues relating to the delivery of the presentation, including matters such as timing, combating nerves, and engaging the interest of the audience.
2. The Foundations of European Union Intellectual Property Law
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.
6. Patentable Subject Matter
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.
9. Plant Variety Rights and Supplementary Protection Certificates
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter completes the discussion of European patent and related rights by examining the European systems governing the grant of plant variety rights (PVRs) and supplementary protection certificates (SPCs) respectively. Plant variety rights are sui generis rights conferred on application to breeders of certain strains of plant material. In Europe there exist national and Community PVR systems, all of which confer exclusive rights to prevent the commercial exploitation of previously non-commercialized varieties for a limited period within the territory of the relevant state and EU respectively. The SPC system governs the grant of domestic rights conferring follow-on protection for patented medicinal and plant protection products the commercialization of which has been delayed by the need to satisfy regulatory approval requirements.
11. The Subsistence and Ownership of Copyright and Related Rights
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter considers the three requirements for copyright and related rights to subsist—the existence of a subject matter of protectable type that is sufficiently connected to the territory of the protecting state and that satisfies any applicable formalities—the combination of international and EU legal sources by which they have been harmonized for EU Member States, and the beneficiaries of the resulting copyright and related rights protection.
12. The Rights Conferred by Copyright and Related Rights
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter considers the nature and scope of the rights conferred by copyright and related rights under European law. The starting point for this discussion are domestic conceptions of copyright and related rights as conferring a range of economic and moral rights on authors and related rights holders to authorize or prohibit certain acts in relation to the protected work or subject matter within the territory of the protecting state, subject to the availability of a limitation or exception. With this as background, the chapter considers the precise nature and scope of the rights conferred by copyright and related rights as a matter of European law, and such aspects of those rights as remain untouched by European law.
13. Copyright and Related Rights Exceptions and Limitations
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter concludes the discussion of European copyright and related rights law by considering the exceptions and limitations permitted (and potentially, required) by Article 5(2) to (4) of the Information Society Directive. A central theme is the increasing challenge being presented to domestic law- and decision-making by the EU law of fundamental rights, including the growing body of EU case law regarding the implications of the Charter of Fundamental Rights and Freedoms of the European Union for the scope and enforcement of copyright and related rights and the coherence and consistency of the emerging jurisprudence in this area.
18. Indications of Geographical Origin
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter examines indications of geographical origin, which establishes a link between a certain geographical location and the goods originating from that location. That link allows the consumer to distinguish between identical or similar goods based on their geographical origin. The strength of the link varies between the different schemes and involves both human and natural elements. It is also important to realize that whilst similar to (collective) trade marks, indications of geographical origin are radically different as they are open standards. The chapter first looks at the position given to indications of geographical origin in the global and European IP systems. How did a historical practice develop into an exclusive right? And how is that exclusive right shaped and protected? It then focuses on the European system for the protection of indications of geographical origin.
23. Trade Secrets
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter deals with the legal protection of trade secrets. Traditionally, trade secret protection was left to the national laws of Member States. These national regimes are rooted firmly in existing legal rules in the areas of unfair competition, tort, or breach of confidence. And there is also the “Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure”. The Directive seeks to impose on Member States a minimal form of harmonization and uniformity. It does not impose a (Community) right in relation to a trade secret, but it works with a common basic definition of a trade secret, the principle that there needs to be redress for the unlawful acquisition, use, or disclosure of a trade secret, and a catalogue of measures and remedies.
25. Remedies
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter deals with the enforcement of IP rights. Such enforcement takes place in search of redress and that redress is obtained in the form of remedies. The discussion focuses on remedies at a national level, i.e. the content of the applicable law determined by the court with competent jurisdiction, be it at a procedural or substantive level. It first looks at civil remedies. Civil proceedings brought by private parties are the norm in the enforcement of private rights, and thus take the lion's share of the enforcement and remedies effort in relation to IP rights, since the latter are very clearly private rights. The chapter then turns to criminal remedies. While criminal proceedings do not play an important role in the area of IP, some offences do exist and these types of proceedings are specifically concerned with cases of infringement that are seen as particularly serious from a public policy point of view. Examples include actions against copyright or trade mark pirates.
2. Actus reus
Authors: Child John , Ormerod David
Published: August 2019

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. An actus reus is not simply about the movements of the accused, that is, her conduct. Rather, it includes any offence requirement that is external from the mind of the accused: anything that is not mens rea. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.
6. Manslaughter
Authors: Child John , Ormerod David
Published: August 2019

This chapter focuses on manslaughter, a common law homicide offence with an actus reus of unlawful conduct causing death. The chapter considers two categories of manslaughter: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter arises where D commits murder, but meets the criteria for one of the partial defences: loss of self-control, diminished responsibility, or suicide pact. Involuntary manslaughter arises where D does not commit murder, but commits a relevant manslaughter offence: unlawful act manslaughter, gross negligence manslaughter, or reckless manslaughter. The chapter explains statutory offences of unlawful killing (corporate manslaughter, driving causing death, infanticide, killing of a foetus) and concludes by outlining options for legal reform concerning voluntary manslaughter, involuntary manslaughter, and the structure of manslaughter offences. Relevant cases are highlighted with a summary of the main facts and judgment.
9. Property offences
Authors: Child John , Ormerod David
Published: August 2019

This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (e.g. theft, robbery), possessing stolen or criminal property (e.g. handling stolen goods, money laundering), and damaging another’s property (e.g. criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
10. Fraud
Authors: Child John , Ormerod David
Published: August 2019

This chapter deals with fraud, an offence under section 1 of the Fraud Act 2006 (FA 2006). It first discusses the central fraud offence, which can be committed by false representation, failure to disclose information, and/or abuse of position. The chapter then moves to consider related offences of obtaining services dishonestly and possession of articles for use in frauds, along with other fraud and deception offences. Finally, the chapter outlines potential options for legal reform concerning the drafting of FA 2006, fraud and the irrelevance of results, and distinguishing theft and fraud, as well as the potential application of fraud offences within a problem question. Relevant cases are highlighted throughout, with brief summaries of the main facts and judgments.
11. General inchoate offences
Authors: Child John , Ormerod David
Published: August 2019

This chapter deals with general inchoate offences. A person’s conduct may be inchoate (‘just begun’, ‘undeveloped’), but also deserving of criminalisation. The chapter is structured around the three core general inchoate offences, namely: attempt, conspiracy, and assisting or encouraging. It explains the actus reus and mens rea of each of these offences, along with specific defences. It also looks at double inchoate liability, substantive offences in an inchoate form, and potential options for legal reform concerning the actus reus of attempts, the mens rea of attempts and conspiracy, and assisting and encouraging. Finally, the chapter discusses the application of general inchoate offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
14. General defences
Authors: Child John , Ormerod David
Published: August 2019

This chapter deals with general complete defences that the accused can use to avoid liability. The focus is on defences that can apply (with one exception) to offences throughout the criminal law and will result in the accused’s acquittal. Five kinds of general complete defences are examined: insanity (as a defence), duress by threats, duress by circumstances, the public and private defence (also known as self-defence), and necessity. The chapter first considers the categorical division between excuses and justifications, before explaining the elements of each of the defences in turn. It then outlines potential options for legal reform concerning individual defences and concludes by discussing the application of the general defences to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Introductory remarks on the law of evidence
Authors: Munday Roderick
Published: August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This introductory chapter discusses the origins of a ‘law of evidence’ and the properties of the law of evidence. The law of evidence is rapidly evolving. Since it determines the critical issue of which particular items of proof parties are actually permitted to produce before a court in support of their contentions, it would be hard to exaggerate the subject’s importance and relevance.
2. Presumptions and the burden of proof
Authors: Munday Roderick
Published: August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: criminal and civil burdens of proof; the ‘legal burden of proof’ and the ‘evidential burden’; the ‘tactical burden’; the prosecution’s legal burden of proof in criminal cases; when the defendant in a criminal case bears the legal burden of proof; the standard of proof; the evidential burden; the judge’s ‘invisible burden’; the burden of proof when establishing the admissibility of evidence; presumptions and the incidence of the burden of proof; and reversal of the burden of proof and the European Convention on Human Rights.
4. The course of the trial
Authors: Munday Roderick
Published: August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.
8. The opinion rule and the presentation of expert evidence
Authors: Munday Roderick
Published: August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The ‘opinion rule’ is one of the major exclusionary rules of the law of evidence. This chapter discusses the following: the general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the opinion rule: expert opinion; the presentation of DNA evidence; and the use of the Bayes’ theorem and instructing the jury in mathematical probabilities.
Holyoak and Torremans Intellectual Property Law
Authors: Torremans Paul
Published: August 2019

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.
1. Themes in intellectual property
Authors: Torremans Paul
Published: August 2019

This chapter begins with a historical overview of intellectual property rights. It traces the origin and evolution of the patent system, trade marks, and the copyright system, and then turns to the definition and justification of intellectual property, followed by a discussion of the current economic importance of intellectual property.
2. The international and European framework
Authors: Torremans Paul
Published: August 2019

This chapter considers the international aspects of intellectual property rights. It summarizes the various international conventions, treaties, agreements, and protocols that are in place, all of which are administered by the World Intellectual Property Organization. The chapter also discusses European initiatives in the areas of patents, trade marks, industrial designs, and copyright.
3. Origin, background, and international aspects of the patent system
Authors: Torremans Paul
Published: August 2019

The patent is the longest-standing, best-known, and, arguably, most economically valuable form of protection of rights provided by the law of intellectual property. A patent is, in essence, the grant of a monopoly to an inventor who has used his or her skill to invent something new. Patents may cover entirely new products, enhancements to pre-existing products, or a new or improved process for performing an activity. This chapter begins with a discussion of the history and purpose of patents. It then turns to the international dimension of patents, covering the Paris Convention for the Protection of Industrial Property 1883, the Washington Patent Cooperation Treaty 1970, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the European Patent Convention, and the Patent Law Treaty. It also outlines the steps to be taken in obtaining a domestic patent.
6. Infringement and revocation
Authors: Torremans Paul
Published: August 2019

This chapter discusses the law on patent infringement and revocation. The grounds on which a patent may be revoked are established by s. 72 of the UK Patents Act 1977. On the issue of infringement, s. 60 of the 1977 Act is the key provision and unusually makes separate, although not dissimilar, provisions for patents that are for products and those that are for processes. Interpretation of claims is a key aspect of any infringement case.
7. Supplementary protection certificates and the unitary patent
Authors: Torremans Paul
Published: August 2019

This chapter considers certain aspects of the involvement of the European Union (EU) with patent law. These aspects involve add-ons to a traditional patent system that is based on national patents. The first—supplementary protection certificates—is already in place. The other, the unitary patent, is close to becoming a reality.
13. Authorship and ownership of copyright
Authors: Torremans Paul
Published: August 2019

This chapter explains the law on authorship and copyright ownership. The creator of a work is, in principle, its author. There can be more than one creator for a work and therefore also more than one author. Joint authorship arises when more than one creator is involved in the creation of the work and the contribution of each creator can no longer be separated out in the final result. Copyright is a property right and, as such, needs an owner. The general principle is that the author will be the first owner of the copyright in his or her work.
14. Moral rights
Authors: Torremans Paul
Published: August 2019

This chapter explains the moral rights of the author in a copyright context. Moral rights emphasize the strong link between the work and its author. That link prevails regardless of the how the commercial exploitation of the work takes place. There are two core moral rights. First, there is the right to be identified, or the paternity right. This applies traditionally to literary, dramatic, musical, or artistic works, but it has been expanded to include films and performances. Second, there is the right of integrity, or the right to object to derogatory treatment of the work. This protects the reputation of the author, which again also has its value for users of the work. The discussion also includes the right against false attribution of the work; the right to privacy in relation to commissioned photographs; and consent and waiver.
17. Rights in performances
Authors: Torremans Paul
Published: August 2019

This chapter focuses on rights in performances, which covers all aspects of the making of a recording of a performance and its subsequent exploitation. The discussion includes subsistence of rights; term of protection; the qualification requirement; content and infringement; the nature of the performer’s rights and their transfer; and moral rights.
19. Copyright—an overview
Authors: Torremans Paul
Published: August 2019

This chapter provides a brief summary of the discussions on copyright. It covers the roots of copyright; the various types of work that attract copyright protection; and the duration of copyright protection.
26. Trade marks—infringement and revocation
Authors: Torremans Paul
Published: August 2019

This chapter discusses the law on trade mark infringement and revocation. Section 10 of the Trade Marks Act 1994 establishes the basic criteria for an infringement action. If a mark is already on the Trade Marks Register, it is an infringement to use the same mark for the same goods or services. The grant of a trade mark lasts initially for 10 years from the date of its registration, and this may be renewed for a seemingly indefinite number of further periods of 10 years thereafter on payment of the appropriate fee. There are four grounds listed in s. 46(1) of the 1994 Act for revocation: (i) five years’ lack of genuine use of the mark in the UK without cause; (ii) a suspension for the same period (after initial use); (iii) the mark has become the common name for the product in question in the trade; and (iv) if the mark has been used in a misleading manner, especially as to the nature, quality, or origin of the goods or services in question.
29. Confidentiality and trade secrets
Authors: Torremans Paul
Published: August 2019

This chapter discusses law on confidentiality and trade secrets. It covers the historical development of the law of breach of confidence; the three essential elements necessary in a claim for breach of confidence; remedies for breach of confidence; and the impact of the internationalization of the law of intellectual property.
1. Introduction
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment and restitution and also explains the wider range of situations covered by the law of contract and puts it into its social and economic context.
3. Certainty and the intention to create legal relations
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses certainty and the intention to create legal relations. It first considers cases where the parties have used ambiguous or unclear language and then looks at cases where the parties have deliberately left terms to be agreed at a later date. In the former cases the agreement is often described as ‘vague’ in the latter cases it is described as ‘incomplete’. The chapter then turns to domestic agreements, commercial agreements, and executory and executed agreements.
4. Consideration and estoppel
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explains the nature of consideration with the aid of examples and discusses two basic definitions of consideration (consideration as a legal benefit or burden and as the price of a promise) as well as the past consideration rule. It addresses whether performance of an existing duty can count as a legal benefit or burden to form consideration for a promise. It considers existing public duties, existing duties owed to a third party and existing duties owed to the promisor. The chapter examines the related rules concerning part payment of a debt and the extent to which promises not supported by consideration can be enforced using promissory estoppel.
7. Misrepresentation
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter is concerned with the territory just beyond the borders of the contract, where we find the representations which are not part of the contract but which influenced its creation and which, if false, are remedied by the law on misrepresentation. The discussions cover the key elements of the definition of misrepresentation; the differences between fraudulent, negligent and innocent misrepresentations; and the remedies of rescission and the various rights to damages. This also includes the bars on the right to rescind, the principles of assessment of damages and the controls on excluding liability for misrepresentation.
13. Privity and the interests of third parties
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the privity rule, which states that only a party to the contract can sue upon it. It discusses the development of the privity rule, distinguishing the privity rule from the consideration rule, evading the privity rule, techniques for giving a right directly to a third party or apparent third party, specific performance in favour of a third party and damages for a third party’s loss, and the Contracts (Rights of Third Parties) Act 1999.
1. The History and Constitutional Basis of the European Union
Authors: Foster Nigel
Published: August 2019

This chapter considers the rationale for the EU, why it was established, what it is, and some of the difficulties encountered along that path to the present day. The discussions cover the motives for European integration; the founding of the European Communities; the relationship of the UK with the European Communities and Union including the Brexit referendum result and possible consequences; the basic objectives and nature of the European Union; the widening and deepening of the Communities and Union; and future developments and conclusions.
6. Remedies in EU Law:
Authors: Foster Nigel
Published: August 2019

This chapter brings together a number of related issues indirectly linked to the preliminary ruling procedure under Article 267 TFEU—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the means by which EU law could be enforced by individuals via the national courts, rather than by the Commission or other institutions, or member states in direct actions before the CJEU. The discussions cover Article 267 TFEU; direct applicability and direct effects; state liability; and national procedural law and the system of remedies.
9. The Free Movement of Persons
Authors: Foster Nigel
Published: August 2019

This chapter discusses EU law on the free movement of persons and citizenship. It covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; and the treatment of third-country nationals.
10. An Introduction to EU Competition Policy and Law
Authors: Foster Nigel
Published: August 2019

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Articles 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law; state aid; and EU merger control.
Prevalence of Inflammatory Bowel Disease in Pediatric and Adult Populations: Recent Estimates From Large National Databases in the United States, 2007–2016
Authors: Ye Yizhou , Manne Sudhakar , Treem William R , Bennett Dimitri
Published: August 2019

Background

The latest estimate of the prevalence of inflammatory bowel disease (IBD) in the United States was based on 2009 data, which indicates a need for an up-to-date re-estimation. The objectives of this study were to investigate the prevalence of all forms of IBD including ulcerative colitis (UC), Crohn’s disease (CD), and IBD unspecified (IBDU).

Methods

Pediatric (age 2–17) and adult (age ≥18) IBD patients were identified from 2 large claims databases. For each year between 2007 and 2016, prevalence was calculated per 100,000 population and standardized based on the 2016 national Census. A fixed-effects meta-analytical model was used for overall prevalence.

Results

The pediatric prevalence of IBD overall increased by 133%, from 33.0/100,000 in 2007 to 77.0/100,000 in 2016. Among children, CD was twice as prevalent as UC (45.9 vs 21.6). Prevalence was higher in boys than girls for all forms of IBD, in contrast to the adult population where the prevalence was higher in women than men. We also found that the 10–17 age subgroup was the major contributor to the rising pediatric IBD prevalence. For adults, the prevalence of IBD overall increased by 123%, from 214.9 in 2007 to 478.4 in 2016. The prevalence rates of UC and CD were similar (181.1 vs 197.7) in 2016.

Conclusions

Inflammatory bowel disease continues to affect a substantial proportion of the US population. In 2016, 1 in 209 adults and 1 in 1299 children aged 2–17 were affected by IBD. Prevalence of IBD has been increasing compared with previously published 2009 data.
Hardy–Orlicz Spaces of Dirichlet Series: An Interpolation Problem on Abscissae of Convergence
Authors: Bailleul Maxime , Lefèvre Pascal , Rodríguez-Piazza Luis
Published: August 2019

The study of Hardy spaces of Dirichlet series denoted by $\mathscr{H}^p$ ($p\geq 1$) was initiated in [7] when $p=2$ and $p=\infty $, and in [2] for the general case. In this paper we introduce the Orlicz version of spaces of Dirichlet series $\mathscr{H}^\psi $. We focus on the case $\psi =\psi _q(t)=\exp (t^q)-1,$ and we compute the abscissa of convergence for these spaces. It turns out that its value is $\min \{1/q\,,1/2\}$ filling the gap between the case $\mathscr{H}^\infty $, where the abscissa is equal to $0$, and the case $\mathscr{H}^p$ for $p$ finite, where the abscissa is equal to $1/2$. The upper-bound estimate relies on an elementary method that applies to many spaces of Dirichlet series. This answers a question raised by Hedenmalm in [6].
Boosted trees to predict pneumonia, growth, and meat percentage of growing-finishing pigs1
Authors: Mollenhorst Herman , Ducro Bart J , De Greef Karel H , Hulsegge Ina , Kamphuis Claudia
Published: August 2019

In pig production, efficiency is benefiting from uniform growth in pens resulting in single deliveries from a pen of possibly all animals in the targeted weight range. Abnormalities, like pneumonia or aberrant growth, reduce production efficiency as it reduces the uniformity and might cause multiple deliveries per batch and pigs delivered with a low meat yield or outside the targeted weight range. Early identification of pigs prone to develop these abnormalities, for example, at the onset of the growing-finishing phase, would help to prevent heterogeneous pens through management interventions. Data about previous production cycles at the farm combined with data from the piglet’s own history may help in identifying these abnormalities. The aim of this study, therefore, was to predict at the onset of the growing-finishing phase, that is, at 3 mo in advance, deviant pigs at slaughter with a machine-learning technique called boosted trees. The dataset used was extracted from the farm management system of a research center. It contained over 70,000 records of individual pigs born between 2004 and 2016, including information on, for example, offspring, litter size, transfer dates between production stages, their respective locations within the barns, and individual live-weights at several production stages. Results obtained on an independent test set showed that at a 90% specificity rate, the sensitivity was 16% for low meat percentage, 20% for pneumonia and 36% for low lifetime growth rate. For low lifetime growth rate, this meant an almost three times increase in positive predictive value compared to the current situation. From these results, it was concluded that routine performance information available at the onset of the growing-finishing phase combined with data about previous production cycles formed a moderate base to identify pigs prone to develop pneumonia (AUC > 0.60) and a good base to identify pigs prone to develop growth aberrations (AUC > 0.70) during the growing-finishing phase. The mentioned information, however, was not a sufficient base to identify pigs prone to develop low meat percentage (AUC < 0.60). The shown ability to identify growth aberrations and pneumonia can be considered a good first step towards the development of an early warning system for pigs in the growing-finishing phase.
What to Do When People Stare: A Workshop to Teach Individuals With Disfiguring Conditions to Contend With Staring and Improve Control of Social Interactions
Authors: Pell Charlene
Published: August 2019

Facial disfigurement due to any congenital or acquired condition is a social disability that can impede communication, contribute to awkward social interactions, and cause individuals with differences to be isolated and rejected. Yet, few interventions have been developed to address the psychosocial consequences of living with a visible difference, despite research indicating that the more visible the disfigurement is to others, the greater the social implication and challenge for the affected individual. This article reviews the impact of the “What to Do When People Stare” social and communication workshop, including its theoretical basis (drawn from anthropological research and theory pertaining to disfigurement), the phenomenon of staring, and the experience of being the target of a stare. The review highlights feedback from 46 individuals with disfiguring conditions caused by burns, dermatological conditions, and craniofacial conditions who completed a Workshop Evaluation Survey. The instructor, who has a facial difference, reviewed the science of staring, the role and influence of the media and beauty in society, myths associated with disfigurement, social and communication skills, and asked specific questions to elicit feelings and beliefs about why people stare, and how it feels to be the object of a stare. After completing the workshop, 80% of participants reported that they felt better prepared to cope with staring, and 83% reported a better understanding about the motives of staring. The workshop demonstrates the need to increase awareness of visible differences and to teach individuals with visible differences and the general public appropriate social skills for engaging with one another. The workshop’s success to date highlights the need for similar programs addressing the psychosocial communicative dimensions related to staring. Collaborations with burn centers and other nonprofit organizations that treat and assist individuals with psychosocial issues related to visible difference could strengthen content and assessment data.