bluuebunny/crossref_metadata_2025 huggingface dataset:
17. Property Law and Human Rights
Authors: Lees Emma
Published: September 2020

This chapter reflects on the interaction between property law and human rights law. Property law and human rights can interact in a number of different ways. The major division distinguishes those cases where human rights arguments are made to ‘bolster’ an existing property law-based argument, and those where the human rights argument is made to attempt to limit the scope of a property right. Thus, one can see the rules of property law and human rights working together, or they can be in conflict. The chapter first identifies the sources of human rights in English law, and then considers which rights are particularly important in relation to property law. It also looks at the mechanics by which key human rights interact with property law, and examines the question of horizontal effect in that context. Finally, the chapter addresses how human rights arguments have had influence in particular areas of land law, focusing on adverse possession, leases, actions for possession against trespassers, and mortgages.
4. Consideration And Promissory Estoppel
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter discusses consideration and promissory estoppel. Consideration, a universal requisite of contracts not made by deed, reflects a variety of policies and serves a number of functions. First, enforceability may depend on the content of the promise or the circumstances in which it was made. Second, consideration has been said to identify which promises the parties intend to be legally enforceable. Third, consideration is sometimes seen as a requirement which ensures that a promisor has deliberately decided to contract and prevents parties accidentally binding themselves on impulse. Promissory estoppel is one strand in a broader equitable principle whereby parties to a transaction who have conducted their dealings in reliance on an underlying assumption as to a present, past, or future state of affairs, or on a promise or representation by words or conduct, will not be allowed to go back on that assumption, promise, or representation when it would be unfair or unjust to do so.
10. Duress, Undue Influence, and Unconscionable Bargains
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter discusses the nature and operation of duress, undue influence, and unconscionable bargains. Duress and undue influence occur where one party to a contract has coerced the other or exercised such domination that the other’s independence of decision was substantially undermined. In the limited category of cases in which the doctrine of unconscionable bargains operates, it is necessary to show not only that the process by which the contract was made was unfair but that there is contractual imbalance, i.e., the doctrine extends to the actual substance of the contract and the fairness of its terms. Conduct which constitutes duress or undue influence by a trader against a consumer may also constitute a ‘prohibited practice’ under the Consumer Protection from Unfair Trading Regulations 2008, which will give the consumer ‘rights to redress’ under the Regulations.
17. Damages
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This Chapter discusses damages and other remedies for breach of contract. It covers the compensatory nature of damages, basis of assessment of damages, causation, remoteness, mitigation, assessment of damages in contracts for the sale of goods, claimants’ contributory negligence, the tax element in damages, interest, and agreed damages clauses (contrasting penalty clauses).
22. Assignment
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This Chapter considers assignment, that is to say, the transfer of B’s contractual rights against A to C by means of an agreement between B (the assignor) and C (the assignee) irrespective of A’s (the debtor’s) consent. It examines the rules governing assignment and distinguishes it from several similar concepts: the negotiability of ‘negotiable instruments’, vicarious performance, novation, and the transfer of rights and liabilities by operation of law.
2. The beginnings of data protection
Authors: Lloyd Ian J.
Published: September 2020

Data protection has, at least in western Europe, been seen as a key element of the legal response to the issue of information surveillance. Dating back to the 1970s and 1980s, many data protection laws are, as is the case in the UK, in their 3rd generation of statutes. The scope (and length) of these statutes has expanded significantly although the core data protection principles have remained essentially unaltered. In addition to developments within the EU there have been data protection initiatives within international fora such as the Council of Europe, the Organisation for Economic Cooperation and Development (OECD), the UN, and the Asia-Pacific Privacy Charter initiative. As with early UK developments where commercial pressure driven by the need to guarantee the free movement of data to and from the UK played a major role in the introduction of the first statute – the Data Protection Act 1984 – so commercial factors are once again at play with multi-national companies tending to argue that it is easier for them to comply with a global set of data protection rules – even though restrictive of their commercial freedom, than to have to comply with different rules in every country in which they do business.
5. The data protection principles
Authors: Lloyd Ian J.
Published: September 2020

The notion that data controllers should comply with a set of general data protection principles has been a feature of data protection statutes from the earliest days. As well as imposing obligations on controllers, the principles also confer rights – most notably relating to subject access on data subjects. This chapter will consider the scope and extent of the principles paying particular attention to the requirement that personal data be processed fairly and lawfully. A topic of more recent interest relates to the length of time for which data may be held and made available to third parties. Often referred to as involving the “right to be forgotten”, this is especially relevant to the operation of search engines which make it easy for users to find news stories what would have passed into obscurity in previous eras. The chapter considers also at the operation of the principle requiring users to adopt appropriate security measures against unauthorized access, a topic which is of particular relevance given recent and well publicised large-scale cyber-attacks.
9. National and international responses to computer-related crime
Authors: Lloyd Ian J.
Published: September 2020

Computer related crime features increasingly prominently in criminal statistics. As we move towards a cashless society where money is represented by data held on a computer system, so the range and scale of conduct is assuming almost epidemic proportions. Significant issues arise whether and where particular forms of conduct constitute criminal offences. These decisions have historically been a matter for national authorities. As with many issues covered in this book, the emergence of the Internet has brought about significant changes as it has become increasingly apparent that national legislation can be of limited effectiveness. Although cross-border conduct has occurred for very many years and the doctrine of extradition is a well-established one, such actions were the exception to a norm in which all aspects of conduct occurred in a single jurisdiction. The United Kingdom’s legislative history in the field of computer related crime date to the Computer Misuse Act of 1990. In many respects, this legislation restated the position that had been reached under common law where a number of cases had determined that computer related conduct could be prosecuted under existing provisions of the criminal law. In 2001 the Council of Europe Cybercrime Convention was opened for signature and remains the most significant international instrument in the field, having been ratified by almost all European States and a number, including the United States, of non-European jurisdictions. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.
10. Substantive criminal law provisions
Authors: Lloyd Ian J.
Published: September 2020

This chapter examines the provisions of the Council of Europe’s Convention on Cybercrime to determine the major headings under which computer-related conduct might be prosecuted and to analyse the effectiveness of UK legislation in the field. The focus is on offences against the confidentiality, integrity, and availability of computer data and systems, which essentially refers to computer hacking and to attempts to impair the operation of computer systems through interception of communications, the promulgation of viruses, or the launching of denial of service attacks. The chapter discusses also the law on computer-related fraud and forgery.
12. Detecting and prosecuting computer crime
Authors: Lloyd Ian J.
Published: September 2020

This chapter examines key forms of computer related crimes. Computer fraud is a topic that attracts much legal and media attention. As the name suggests, it is essentially a variant of well-established principles of this area of the law. If a perpetrator obtains funds belonging to a victim through some form of deception or manipulation, this will be considered criminal with the most significant legal issues being concerned with the question when or where an offence has occurred. The deliberate promulgation of computer viruses or malware is also generally regarded as a criminal offence although there are issues regarding the degree of intent that needs to be established to secure a conviction. Viruses are generally spread through the conduct of individuals other than those who create to program. Conduct might be characterized as negligent rather than deliberate and will generally not be criminal. Similar issues of intent and knowledge may arise in respect of other forms of conduct such as denial of service attacks.
13. The emergence and forms of intellectual property law
Authors: Lloyd Ian J.
Published: September 2020

Systems of intellectual property law date back many centuries and play a very important role in the information technology field. The main forms of intellectual property law are patents, copyright and trade marks. All play important roles and are considered in this section of the book. Patents and copyright have been applied in an IT context from the early days of the computer whilst trade marks have come to assume more significance with the commercialization of the Internet and its use by major manufacturers who typically own many trade marks developed for use in the course of their activities in the physical environment. As with many areas, the connection between the real and virtual words is not exact. The application of the law of copyright to software has seldom been in doubt. It is clear that the unauthorized copying of all of a work is unlawful. What is not clear is the extent of the protection. The famous scientist Isaac Newton is quoted as saying “If I have seen further, it is because I stood on the shoulders of giants”. Most later works build to some extent on their predecessors and there is a difficult dividing line between fair and unfair use of such works. Somewhat different issues apply in relation to patents – a branch of the law which offers the strongest protection but does require that works be innovative and produce a technical effect – that they should do something. This can be difficult to assess in respect of very fast-moving technologies.
17. Enforcement issues
Authors: Lloyd Ian J.
Published: September 2020

This chapter considers two main topics. It first examines the provisions of the EU’s Copyright in the Information Society Directive, which sets out to amend some provisions of copyright law better to fit the realities of an online world. It then looks at some of the issues associated with enforcement of copyright, considering the extent to which intermediaries such as Internet Service Providers (ISPs) might be held liable for infringing acts committed by their users. Attention is increasingly paid to the possibility that rights owners might proceed against users whose actions infringe their rights. In many cases this will require the cooperation of ISPs and a major component of the Digital Economy Act 2010 is concerned with the manner in which this process might be managed.
18. Protection of databases
Authors: Lloyd Ian J.
Published: September 2020

Databases form a vitally important part of the information society. The traditional approach in the United Kingdom has been to protect their contents as compilations under the law of copyright. This contrasts with the approach adopted in civil law states which have historically required a more significant qualitative element as a condition for the award of copyright than has been the case in the United Kingdom. Databases would not meet this requirement – although many states would offer protection under unfair competition laws. The European Union’s database directive strikes something of a compromise between the two approaches. The chapter will consider the extent of the sui generis database right and consider its practical application in the, albeit limited, number of cases in which it has been considered by the courts.
2. Human Rights
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter explores the impact of human rights upon property rights and relations, with particular emphasis on Article 1 Protocol 1 and Article 8 of the European Convention on Human Rights which has been incorporated into English domestic law by the Human Rights Act 1998. It first provides a background on the particular jurisprudence of human rights reasoning before discussing the import of Article 1 Protocol 1, in protecting possessions, and Article 8, in requiring respect for the home. The focus is on home repossession (Article 8), protection against discrimination (Article 14), and right to a fair trial (Article 6). It also considers adjudication under the Human Rights Act 1998, along with the justification formula developed by the Strasbourg Court and how it operates in the context of the particular human rights that relate to land. Finally, it examines the so-called vertical effect and horizontal effect.
6. Strict liability
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter focuses on identifying the circumstances in which an offence will be construed as one of strict liability—that is, where the Crown will not have to establish mens rea in relation to every element of the actus reus. The following controversies are examined: the presumption of mens rea, that is, unless Parliament has indicated otherwise, the appropriate mental element is an unexpressed ingredient of every statutory offence; how to ascertain whether an offence is in fact one of strict liability; whether strict liability infringes Article 6 of the European Convention on Human Rights (ECHR); and the merits of strict liability offences.
20. Conspiracy
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines the ways in which criminal law treats conspiracies. Some of the controversies examined include: whether it is necessary and/or desirable to criminalize conspiracies; the extent to which there can be a conspiracy under the Criminal Law Act 1977 if the parties have only agreed to commit the substantive offence subject to some condition; what must be agreed and who must intend what to happen for a crime of conspiracy; the mens rea of statutory conspiracies; and whether common law conspiracies are so vague as to infringe the rule of law.
22. General defences
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter focuses on defences. The following controversies are examined: whether the fact of childhood constitutes a defence; the extent to which duress can negate criminal liability; whether necessity ought to be a defence; whether recent legislative developments have rendered self-defence unduly complex; and the distinction between justifications and excuses and whether these classifications have any practical import.
Partnership and LLP Law
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This book explains the legal framework within which partnerships, limited partnerships, and limited liability partnerships (LLPs) operate in England and Wales. In relation to partnerships, it deals first with the characteristics and essential elements for a partnership to exist; the distinction between partners, creditors, and employees; and the interaction between partnerships and public regulation. The book then deals with the two major consequences of a partnership, the liability of partners to third parties for actions taken by their fellow partners and the duties and liability of each partner to the other partners. It then identifies and explores the assets which have become partnership property. The issues relating to dissolution follow, setting out how a partnership may be dissolved (in full or in part) and the procedures to effect that. The impact of the insolvency of the firm and/or bankruptcy of the partners is covered. The rapid rise of the use of limited partnerships is explained together with the modifications to partnership law and the creation of private fund limited partnerships. In relation to LLPs, after setting out the background to the legislation and explaining its structure, it examines the requirements for the creation of LLPs, how they are incorporated, and the consequences of their incorporation as separate legal entities. It then explores what membership of an LLP entails, including the interrelation of membership with employment and worker status, and the relations between members and the LLP and between the members themselves. It then looks at the default provisions, the role of the LLP Agreement, and the extent to which contractual doctrines such as repudiation and frustration apply to that agreement. Finally, the book looks at decision-making within an LLP, termination of a member’s membership, and insolvency and dissolution of the LLP itself.
7. Dissolution and Winding Up
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter details the various grounds for the dissolution of a solvent partnership, contractual, automatic and by court order, followed by the processes whereby either a full dissolution is effected by a winding up or on a technical dissolution a departing partner's share is ascertained The effects of the death or bankruptcy of a partner and the illegality of the partnership business are considered along with agreed dissolution grounds. The various grounds for a court order are then set out. The effects of the frustration, rescission or repudiation of the partnership agreement are detailed. Winding up by the partners or receivers is then set out including the application of the assets on a winding up. The valuation of a partner's share on leaving is considered followed by his or her share in the profits after the technical dissolution until payment. Finally, the distribution of assets on a final account, is set out.
8. Partnerships and Insolvency
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter sets out in outline the impact of insolvency on partnerships, the insolvency being that of the firm, one or more of the partners or any combination of those possibilities. It deals in order with the winding up of an insolvent partnership only, the winding up of the insolvent firm with the concurrent bankruptcies of the partners, joint bankruptcy petitions against the partners and separate bankruptcy petitions against the partners. It distinguishes between the rights of partnership and individual creditors and deals with the disqualification of an insolvent partner from the management of a company. The chapter then details the application of the corporate insolvency procedures of voluntary arrangements and administration orders to partnerships.
13. Rights and Duties of Membership
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter addresses the rights and obligations of membership. It explains what a member's share in the LLP entails, and considers how the share can be assigned or treated as property. It considers the duties that members owe to the LLP and to each other, including both fiduciary duties and those that arise under a common law duty of care. It considers what duties a member may have to outsiders, and also the protections that a member may have in the event of unfair treatment by the LLP.
15. Decision-Making
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter explains how an LLP makes decisions, identifying the sorts of decisions that require unanimity and the sorts of decisions that can be decided by a majority. It considers how a decision-making power must be exercised, and the extent to which fetters such as good faith, rationality and natural justice will impact on the decision-making process. Lastly, it considers what the consequences of an unlawful decision are.
Legal Systems & Skills
Authors: Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’' understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services and ethics. The next part considers, in the context of academia and practice, how to read and understand law, legal research, problem solving, oral communication and presentations, client interviews and meetings, negotiation and mediation, mooting, advocacy and criminal advocacy competitions, and writing and drafting. The final part examines employability skills, commercial awareness, business, economics and finance, law firms, and clients.
2. Legal systems and sources of law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.
5. Case law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter first discusses the fundamental distinctions between common law and civil law. It then examines the operation of the doctrine of precedent, and considers the arguments for and against the roles of judges and legislators in making law.
14. Writing and drafting
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter focuses on the development and improvement of writing and drafting skills. The discussions cover writing legal essays; the characteristics of good writing; professional writing; drafting; dictation; and writing and drafting templates.
18. Businesses and the business environment
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter discusses the following: the importance of commercial awareness; the main types of business structure, their organisation, and management; the different markets, sectors, and industries in which businesses operate, and the role of consumers within these markets; supply chains from business to consumer; and the impact of competition within different markets.
11. Health and Safety at Work
Authors: Emir Astra
Published: September 2020

This chapter considers the provisions of the Health and Safety at Work, etc Act 1974. It covers the background to the HSWA, covering both the criminal and civil liability for health and safety. It considers the powers of inspectors, enforcement of the Act, improvement notices and prohibition notices, the burden of proof and appeals; statutory duties on health, safety, and welfare; the impact of European law; burden of proof; the Corporate Manslaughter and Corporate Homicide Act 2007; and compensation for injuries at work. It also looks at a number of health and safety regulations, including the ‘six pack’. Also looked at is the extent of the employer’s duty, and its duty to unborn children, and the limitation period for bringing an action.
12. Disciplinary, Dismissal, and Grievance Procedures
Authors: Emir Astra
Published: September 2020

During the performance of the employment contract the employer may find it necessary to exercise some form of disciplinary authority over the employee, which may take one of a number of forms, ranging from informal warnings, etc, through to final warning or dismissal. There will also be occasions when the employee will wish to pursue a grievance over the way he is treated, and a suitable grievance procedure is the obvious channel to be used. This chapter discusses disciplinary procedures and grievance procedures, how to draw up such procedures and the conduct of disciplinary hearings; the right to be accompanied; disciplinary rules; and the exercise of disciplinary powers such as suspension, warnings and other sanctions.
Public Law
Authors: Elliott Mark , Thomas Robert
Published: September 2020

Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.
1. Public Law—An Introduction
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter provides an overview of public law, introducing the key institutions, principles, and practices that characterise the constitutional arrangements of the United Kingdom.
4. Separation of Powers—An Introduction
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter explains the separation of powers doctrine, first describing the three branches of government: the legislative, judicial, and executive. It then discusses why separation of powers is needed, different conceptions of separation of powers, and separation of powers in the UK.
6. The UK Parliament
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter focuses on three principal issues concerning the UK Parliament. First, it addresses the democratic credentials of Parliament. Second, it considers Parliament’s legislative role. Third, it examines Parliament’s powers. The chapter shows that, at least in constitutional theory, Parliament is ‘sovereign’, meaning that its authority to legislate is legally unlimited, and considers why this is, whether it is acceptable, and whether the notion of parliamentary sovereignty remains accurate today.
8. Devolution and The Territorial Constitution
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter focuses on the UK’s territorial constitution, that is, the governance arrangements that result in power being dispersed rather than concentrated in a single set of national institutions. Devolution involved creating new governments in Scotland, Northern Ireland, and Wales, and investing them with powers that were previously exercised at a UK level. Devolution in the UK is therefore intended to be part of the answer to questions that must be confronted in all political systems: where should governmental power lie? And at what level should laws be enacted and the business of government transacted? Local government plays a key role in decision-making, policy formulation, and the delivery of public services across a wide range of areas, including education, housing, personal social services, transport, and planning control.
14. Judicial Review—Scope, Procedures, and Remedies
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter addresses issues that must be confronted by litigants who propose to launch judicial review proceedings, and by courts dealing with such claims. First, it considers what sort of decisions can be judicially reviewed. Second, it examines the procedure under which courts subject decisions to judicial review. Third, it looks at the remedies that courts may issue in judicial review proceedings.
Land Law Directions
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

Land Law Directions provides engaging and straightforward explanations of difficult concepts. Case summaries, photographs, and examples are used throughout to provide real-life context and to clarify abstract ideas, while diagrams and definitions ensure the text is easy to follow and that key points are understood. The book provides a full range of resources designed to help build upon and further existing understanding, including thinking points, end of chapter questions, and tips on linking topics together. A final chapter pulls together key details from each chapter, showing how topics link together and apply to a fictional piece of land. An additional separate chapter focuses on preparing for exams, offering advice on approaching assessment questions and revision technique. This edition includes an extended chapter on proprietary estoppel, and consolidation of the law on land registration into one chapter (4). New cases covered include The Supreme Court decision in Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57, which has cast new light on what can constitute an easement.
1. What is land?
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter begins by defining the term ‘land’ as stated in the Law of Property Act 1925, s. 205(1)(ix). It explains the meaning of land of any tenure, both freehold and leasehold; the extent of land both upwards into the sky and downwards into the earth; corporeal hereditaments including the distinction between fixtures and chattels; incorporeal hereditaments such as rights of way, rights to fishing and hunting, and other intangible rights; and cites relevant cases as examples. It then sketches the rights of landowners to objects found lost or hidden on, or buried within, the land, including the Crown’s rights to treasure.
10. Proprietary estoppel
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter looks at another way of acquiring an interest in land, through the doctrine of proprietary estoppel. It discusses the two-stage process of acquiring an interest in land through proprietary estoppel: establishing an equity and satisfying the equity. It explains the three main elements that need to be proved to establish the equity. These are assurance, reliance, and detriment, and it gives case law examples of where these have been considered. It considers the wide range of remedies that may be awarded at the court’s discretion. It then looks at some interesting recent developments in proprietary estoppel and addresses an overarching element of proprietary estoppel claims: unconscionability. Finally, it examines the differences between the constructive trust and proprietary estoppel.
2. Interests in land
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains how one person may have rights over land owned by another. It identifies the people who may have rights over Trant House—rights that could be enforced not only against Vernon, the fee simple owner, but also against anyone who acquires the property from him. The discussions cover interests in land; legal interests; equitable interests; legal and equitable interests compared; the multiplicity of rights; the classification of property; and human rights.
6. Registered land
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. The Land Registration Act 1925, which governed the system of registered land, was repealed and replaced by the Land Registration Act 2002, which in the main came into force on 13 October 2003. This chapter focuses on the terms of the 2002 Act and the rules made under it (Land Registration Rules 2003). The discussion covers the basics of land registration, including the appearance of the land register and the types of entry that can be made on it; the process of first registration of unregistered land; the formalities for transferring and creating rights in registered land; the protection of purchasers of registered land and the role of overriding interests; and the circumstances in which the register can be changed and those who have suffered loss by reason of the registration system can be indemnified by the state.
7. Acquisition of an estate by adverse possession
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) made major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way to illustrate the three systems in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.
11. Enforcement of leasehold covenants
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses how leasehold covenants are enforced. It considers the effect covenants have on: the original parties to the lease; their successors in title (those who acquire the lease or the reversion from the original tenant or landlord); and subtenants (those who hold a sub-lease granted by the original tenant or his successor in title). The chapter also looks at breach of covenant before assignment and applies the enforcement of covenants to Trant Way tenancies.
12. Remedies for breach of leasehold covenants
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the remedies available to one party to a lease when the other is in breach of duty. It first deals with general contractual remedies which are available in respect of breach of covenant. It then goes on to consider in more detail some special remedies which are peculiar to leases, and in particular the landlord’s power to forfeit the lease, i.e., to bring it to an end and to evict the tenant.
18. Resulting and constructive trusts
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with resulting and constructive trusts of the family home. It explains how cohabitants, spouses, and civil partners may acquire rights to share in a family home owned by the other partner (sole name cases); how shares in a family home are quantified in sole name and joint-name cases; and how partners’ intentions about ownership may change. Stack v Dowden and Jones v Kernott, together with later decisions, are considered in detail.
26. What is land?
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the definition of ‘land’. It covers the statutory definition; earth, minerals, buildings, and fixtures; hereditaments; real and personal property; and flying freehold. It also addresses hydraulic fracturing (fracking). The chapter concludes with some remarks about a practical approach to land law.
Employment Law in Context
Authors: Cabrelli David
Published: September 2020

Employment Law in Context combines extracts from leading cases, articles, and books with commentary to provide a full critical understanding of employment law. As well as providing a grounding in individual labour law, this title offers detailed analysis of the social, economic, political, and historical context in which employment law operates, drawing attention to key and current areas of debate. An innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. Reflection points and further reading suggestions are included. The volume is divided into eight main Parts. The first Part provides an introduction to employment law. The next Part looks at the constitution of employment and personal work contracts. This is followed by Part III, which examines the content of the personal employment contract and the obligations imposed by the common law on employers and employees. The fourth Part is about statutory employment rights. The fifth Part covers equality law. Part VI looks at the common law and statutory regulation of dismissals. The Part that follows considers business reorganizations, consultation, and insolvency. Finally, Part VIII describes collective labour law.
8. Pay and Working Time
Authors: Cabrelli David
Published: September 2020

This chapter examines the statutory regulation of the wage–work bargain and the working conditions of ‘employees’ and ‘workers’, analysing their historical background and the justifications for their introduction. It covers the rights conferred on employees and workers under the National Minimum Wage Act 1998 and the Working Time Regulations 1998, including working time rights and the right to annual leave. Both laws have the capacity to over-ride the mutually agreed contractual arrangements struck by the parties. The chapter also addresses the provisions of the Employment Rights Act 1996 relating to wages (e.g. the statutory right not to suffer unauthorized deductions from wages, and the right to a guarantee payment).
12. Disability Discrimination
Authors: Cabrelli David
Published: September 2020

This chapter examines disability discrimination law under the Equality Act 2010. It focuses on disability discrimination, with disability being treated as a separate protected characteristic. The chapter first considers the historical context and the possible conceptual approaches to the protection of disabled workers. It then addresses the definition of ‘disability’ in section 6 of the Equality Act. This is followed by an analysis of the employer’s duty to make reasonable adjustments in the workplace to accommodate disabled workers. Next, the ‘discrimination arising from disability’ concept is discussed. Finally, the chapter presents some comments and observations on the current state of disability discrimination law in general, taking into account the terms of the Equality Act and European developments.
Online Resources Chapter B: Introduction to Trade Unions, Status, Listing, and Independence, and Members’ Rights and Protection
Authors: Cabrelli David
Published: September 2020

The function, constitution, status, listing, and independence of trade unions are explored in this chapter. Moreover, the freedom of collective association and the role of trade unions in workplace representation are analysed. The chapter moves on to an exploration of the rights of members vis-à-vis their unions and the protection of trade union members in employment....
5. Co-ownership
Authors: Bevan Chris
Published: September 2020

This chapter explores the law of co-ownership. Co-ownership describes the situation where where two or more people own land simultaneously i.e. at the same time. The chapter considers questions such as how is co-owned land held at law and in equity and how do courts determine disputes involving co-owned land. The law of co-ownership represents an amalgam of common law rules and statutory provisions, most notably under the provisions of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996 all of which are unpacked in this chapter.
8. Proprietary Estoppel
Authors: Bevan Chris
Published: September 2020

The chapter explores the doctrine of proprietary estoppel—a means by which a person may acquire a proprietary interest in another’s land. If made out, a claim to proprietary estoppel allows for the informal creation and acquisition of rights in land. Rather than just being raised as defence against legal claims (as is the case for example in promissory estoppel), it is this that sets proprietary estoppel apart and represents its major point of distinction from other estoppels. This chapter considers the requirements for establishing an estoppel claim and the effect of an estoppel on third parties. You come to the law of proprietary estoppel at a time when it is has hit something of a fertile patch. With a bounty of case law, new decisions seemingly handed down almost monthly, proprietary estoppel is having its moment in the sun and remains one of the liveliest and most productive areas of land law today.
12. Leasehold Covenants
Authors: Bevan Chris
Published: September 2020

This chapter considers covenants that exist in relation to leasehold land—also known as ‘leasehold covenants’. As the name suggests, these are promises made between landlords and their tenants and form the crucial foundation of this leasehold relationship. The chapter explores the nature and importance of leasehold covenants; how such covenants are enforced between the original parties and enforceability where there are successors to the original parties. In view of changes to the law introduced by the Landlord and Tenant (Covenants) Act 1995, this chapter considers both the pre-1996 and post-1996 regimes for determining enforceability of leasehold covenants. Finally, this chapter discusses the important issue of remedies for landlords and tenants facing a breach of covenant.
2. Basic concepts of personal property
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter explores some basic concepts of personal property and personal property law. It first explains the distinction between personal and real property before discussing the nature of personal property and analysing the characteristics and significance of property rights. There is then detailed consideration of ownership and possession of chattels, the acquisition and transfer of legal and equitable ownership, and attornment. This is followed by an account of the acquisition and transfer of legal and equitable ownership in choses in action and intangibles. The chapter concludes with an examination of the remedies for recovery of, and interference with, personal property and remedies available for protection of equitable property, including claims to trust assets and claims for breach of trust.
4. Introduction
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter introduces the law of agency. It first examines the legal concept of agency, focusing on its definition and how it differs from other power–liability relationships. It then looks at examples of types of agent, such as auctioneers, directors, partners, and lawyers. It also considers agents who play a particular role in commercial transactions, namely: factors, brokers, del credere agents, confirming houses, and commission agents. Finally, it discusses the harmonisation of the law via the Geneva Convention on Agency in the International Sale of Goods, held in 1983.
8. Introduction and definitions
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter serves as an introduction to the English law governing sale of goods, along with relevant definitions. It introduces the common law of sale of goods and its subsequent codification by the Sale of Goods Act 1893, later consolidated in 1979 and which (following further minor amendments) is now the principal source of the law. It also considers some key definitions relating to sale of goods, before discussing the nature of a sale and how it differs from related transactions such as barter or exchange, bailment, agency, and hire-purchase.
10. Transfer of title
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter examines how a buyer can get good title to goods where the seller’s own title is non-existent or problematic. It provides an overview of the rule nemo dat quod non habet and then discusses various exceptions to it, including estoppel, sale under the Factors Act 1889, sale under a voidable title, sale by seller continuing in possession, and sale by a buyer in possession. In addition this chapter compares the common law and civil law approaches to the problem and encourages a critical approach to the issues it raises.
11. Seller’s obligations as to quality
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter considers the seller’s obligations as to the characteristics and quality of goods sold. The main concentration is on the implied terms under ss 13–15 of the Sale of Goods Act 1979 requiring goods to correspond with their description, to be fit for purpose and of satisfactory quality, and to match any sample provided. But considerable stress is also laid on the vital practice of commercial parties to draft their own bespoke terms and oust those otherwise implied. The chapter also covers the contractual liability applying between seller and buyer.
13. Remedies of the seller
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter focuses on the remedies of the seller where the goods are not accepted or paid for by the buyer. The subjects covered in the chapter include both money claims against the buyer, notably for the price or for damages for breach of contract, and claims against the goods or their proceeds in order to provide security where the buyer has failed to pay (eg lien, stoppage in transit, and resale). Reservation of title is also dealt with. There is also a brief mention of the remedy of specific performance.