bluuebunny/crossref_metadata_2025 huggingface dataset:
10. Devolution in Scotland
Authors: McHarg Aileen
Published: August 2019

Scotland’s devolved Parliament and Government were established in 1999 under the Scotland Act 1998. The current devolved arrangements build upon earlier institutional arrangements for the distinctive governance of Scotland, elements of which date back to the Union of 1707. By creating both a distinct legislature and separate institutions of political representation for Scotland, the 1999 reforms were nevertheless of profound constitutional significance. This chapter traces the development of devolved government in Scotland, arguing that the history of Scottish devolution is best understood as a response to nationalist sentiment: the assertion of the right of the people of Scotland to self-governance and self-determination. The historical trajectory has been one of increasing autonomy and constitutional recognition, and this pattern has continued since 1999 (culminating in an—unsuccessful—referendum in 2014 on the question whether Scotland should become wholly independent of the United Kingdom). However, despite the extensive powers enjoyed by, and the political importance of, the Scottish Parliament and Government, the status of devolution within the United Kingdom constitution is ambiguous and contested. The chapter also explores the constitutional status of devolution across two dimensions: the juridical—i.e. how the powers of the Scottish Parliament and Government are understood and interpreted by the courts; and the political—how the devolved Scottish institutions relate to their counterparts at UK level. The chapter ends by exploring how the tensions between Scotland’s powerful political claims for constitutional recognition, yet weak legal protection, have played out in relation to Brexit, and may play out in future in a Scottish political context still dominated by the independence question.
1. The rise of employment law
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter defines some key terms and then focuses on the two questions that are most often debated when people consider the revolution in employment regulation that has occurred in recent decades: Why have we seen such a growth in the extent to which the employment relationship is regulated in the UK? What are the advantages and disadvantages of increased employment regulation for the UK’s economy and people? In answering these questions the chapter introduces some of the major themes which underpin the evaluative material in this text. It also considers attempts made by recent governments to lessen the burden of regulation on employers, most of which have been widely perceived as having had, at best, very limited effect. Finally, it considers the consequences and impact of how employment tribunal fees before they were abolished, and looks at the decline in membership of trade unions and its effect.
10. Introducing discrimination law
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter introduces the field of discrimination law, explaining why it takes the form it does and summarizing the critical arguments often advanced concerning the whole body of anti-discrimination legislation. The scope of anti-discrimination law has widened very considerably over the past twenty years, principally as a result of EU law protecting people on grounds such as age, sexual orientation, religion, and fixed-term or part-time status. Different areas of discrimination law vary in respect of possible defences when an alleged act of unlawful discrimination has taken place. How far positive discrimination is lawful also varies. Some argue that anti-discrimination law may harm those it aims to protect by distorting the market and discouraging the hiring of under-represented groups. There is much debate about whether it is possible to establish a general principle to help define who exactly should be protected by discrimination law, in what ways, and on what basis.
18. Equal pay
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter discusses the evolution of equal pay law in the UK, selection of comparator by the claimant, employer defences and remedies, bringing a claim, bringing equal pay cases using sex discrimination statutes, and critiques of equal pay law. The Equal Pay Act, which came into operation in 1975, was repealed in 2010, but its content was effectively transposed into the Equality Act 2010. A claimant is required to name a comparator of the opposite sex who she claims is paid more than she is, without good reason, despite doing the same work, broadly similar work, work which has been rated as equivalent or work of equal value. Equal pay law has been criticised for failing to bring about equality in pay between men and women. Suggested reforms include placing a positive duty on employers to take action to eliminate unequal pay. The chapter also considers gender pay gap reporting.
20. Family-friendly statutes
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter looks at ‘family-friendly employment laws’ and breaks each down into its component parts. It also considers whether it is appropriate that the statute book should reflect a commitment to a ‘work-life balance’, or whether this kind of legislation in fact ignores the needs of business and therefore has a deleterious effect on the economy. It begins with a background on ‘family-friendly’ legislation. It then discusses ante-natal care, health and safety issues, maternity leave, maternity pay, paternity leave, shared parental leave, adoption leave, parental leave, time off for dependants, the right to request flexible working, the right to request time off for training and the impact of family-friendly legislation.
22. Privacy and confidentiality
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter discusses the law on privacy and confidentiality in the workplace. It looks at the four statutes which relate directly to issues of workplace confidentiality: the GDPR/Data Protection Act 2018, the Public Interest Disclosure Act 1998 (which deals with whistleblowing), the Regulation of Investigatory Powers Act 2000, and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. It also considers two other areas of law which are influences in this area: the law on job references and the law on restricting the activities of former employees. Also discussed is the impact of the Human Rights Act in this area.
25. Health and safety—The civil law
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter looks at the civil law arm of health and safety law, which serves to provide compensation to employees or ex-employees who have suffered a detriment due to the unlawful actions of their employers. It focuses on personal injury claims brought to the County Court and High Court and the defences that are available for employers when faced with such litigation. The discussions cover claims due to negligence, breach of statutory duty, breach of contract and constructive dismissal, and stress-based claims.
28. Consultation and bargaining
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter looks at the regulation of collective bargaining and at ways in which employers can, in certain circumstances, be required in law to recognise trade unions and to consult collectively with their workforces. After briefly considering why the UK maintains a tradition of voluntarism as far as collective bargaining and collective agreements are concerned, it goes on to assess the work of the Central Arbitration Committee—the authority which has the major enforcing role in respect of the law in this field. This is followed by an analysis of four distinct, but interrelated areas of regulation: disclosure of information for collective bargaining purposes, compulsory union recognition, European Works Councils and the Information and Consultation Regulations.
30. Employment tribunal procedure
Authors: Taylor Stephen , Emir Astra
Published: August 2019

This chapter looks at the employment tribunal procedure and at the steps that are generally taken before a full hearing takes place, including settlements and early conciliation. Also considered are time limits. Employment tribunals are less formal than other courts. The tribunal panel is usually made up of a judge and two lay members, but a judge can sit alone in certain circumstances. A case has to be brought on a standard ET1 form, and a response on a standard ET3 form. Full details have to be given, and permission is rarely given to amend. Preliminary hearings can be held to sort out issues such as disclosure. There is also an emphasis on settlement if possible.
1. Introducing constitutions and public law
Authors: Dennett Anne
Published: August 2019

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.
12. International Environmental Law
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.
19. Planning Law
Authors: Fisher Elizabeth , Lange Bettina , Scotford Eloise
Published: August 2019

Planning law regulates development. Given that environmental problems are often caused by development, planning law has an important role to play in environmental law. With that said, planning law is a vast subject. This chapter provides a basic introduction to planning law and its relationship to environmental law. Its objective is to ensure students have a robust understanding of how planning law works. It begins with a brief overview of the history of planning law, its major themes, and provides a map of the main legal frameworks in planning. It then considers the role of planning policy, the development application process, and the relevance of a range of environmental issues in that process.
Family Law
Authors: Miles Joanna , George Rob , Harris-Short Sonia
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law, in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: civil partnership after R (Steinfeld and Keidan) (2018); divorce law following Owens v Owens (2018) and the government’s consultation on reform; domestic abuse, including consultation ahead of the draft Domestic Abuse Bill and forced marriage; rights under the ECHR and UNCRC in children proceedings; surrogacy following Re Z (A Child) (No 2) (2016); child arrangements orders; specific issue and prohibited steps orders, including relocation law; local authority voluntary accommodation following Williams v London Borough of Hackney (2018). There is a new chapter dedicated to property and financial issues after the breakdown of relationships other than marriage and civil partnership. The introductory chapter, supported by materials on the Online Resources, considers some of the contemporary challenges faced by the family justice system.
10. Parental Responsibility
Authors: Miles Joanna , George Rob , Harris-Short Sonia
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental responsibility and the various restrictions that may be imposed on the decision-making authority of those who hold it; and the rights and responsibilities of those adults who care for a child but do not have parental responsibility.
12. Child Protection
Authors: Miles Joanna , George Rob , Harris-Short Sonia
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.
6. Content of the contract and principles of interpretation
Authors: Merkin Robert , Saintier Séverine
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter explores how the terms of the parties’ agreement (that is, the contractual promise to be performed) are identified and how the courts interpret the meaning of those terms. It considers the status of statements made prior to the conclusion of the contract (as terms or representations) and why this matters. The parol evidence rule applies where the contract is written and provides that the writing represents the entire contract. This definition is flawed, however, because it allows the rule to be sidestepped by defining the contract as partly written and partly oral. Alternatively, an oral term can take effect as a collateral contract, which is separate to any written contract to which the parol evidence rule applies. The effect of the parol evidence rules can be achieved by incorporating an entire agreement clause. This chapter also considers the effect and impact of a no oral modification clause (or NOM). This chapter examines methods of achieving incorporation of terms such as signature, reasonable notice (or a higher standard of notice if the term is onerous or unusual), consistent course of dealing and common knowledge of the parties. In addition to the express terms, there may be terms implied by custom, by courts or by statute. Finally, the chapter considers the principles on which contracts are interpreted including the relevance, or otherwise, of pre-contractual negotiations.
9. Damages for breach of contract
Authors: Merkin Robert , Saintier Séverine
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Where there is breach of contract, the aggrieved party is entitled to the remedy of damages as of right. Contractual damages aim to compensate the claimant for losses suffered rather than punish the defendant. To achieve compensation the claimant is put in the position he would have been in if the contract had been properly performed and the breach had not occurred. In other words, the aim is to protect the expectation of performance (known as the ‘expectation interest’ or the ‘performance interest’). This may involve any difference in value between the promised and the actual performance, loss of profits or reimbursing the claimant for any expenditure that had been wasted due to the breach. A claimant may not be fully compensated for his losses as a result of the remoteness rule, which limits recovery of losses and/or the duty to mitigate (minimize) loss. Damages may also be apportioned, in some circumstances, for the claimant’s own contributory negligence in contributing to his own loss. In general, non-pecuniary losses are not recoverable in a claim for breach of contract, but there are cases where a modest sum may be awarded for the disappointment resulting from not receiving the promised performance. The parties may include an agreed damages clause in their contract but in the event of breach only a liquidated damages clause will be enforceable; a penalty clause will not be enforceable beyond the claimant’s actual loss.
11. Privity of contract and third party rights
Authors: Merkin Robert , Saintier Séverine
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. According to the doctrine of privity of contract, only the parties to the contract are bound by, or can enforce the obligations under the contract. A person who is not a party to a contract does not have any rights under that contract and is not subject to any of its obligations (or burdens). This chapter considers the rules of contract law, and related rules, that are applicable to contracts which stipulate third party rights. It considers the relevant provisions of the Contracts (Rights of Third Parties) Act 1999, the scope of the legislative reform, the test for third party enforceability and how the doctrine of privity of contract is related to the consideration requirement. It also looks at means of circumventing the privity doctrine such as assignment, and exceptions to the privity doctrine such as agency principles as employed in The Eurymedon. The chapter then examines remedies available to the promisee which have the effect of enforcing any promise in favour of a third party beneficiary or enabling substantial damages to be recovered to cover the third party’s loss. Finally, the means by which contractual burdens may bind third parties are examined.
15. Duress, undue influence, and unconscionable bargains
Authors: Merkin Robert , Saintier Séverine
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the doctrines of duress and undue influence, both of which provide a means for a person to avoid a concluded contract into which he entered due to threats or unfair pressures or influence exerted on him. It also looks at the circumstances in which the courts or Parliament have intervened to prevent one party from taking advantage of another. Duress refers to some form of coercion or threat to the person, property, or to a person’s financial interests (economic duress). Undue influence can arise if there is illegitimate pressure and abuse exerted by one party over the other (actual undue influence) or if something in the transaction is suspicious or calls for an explanation (evidential undue influence). The chapter also considers unconscionable bargaining, procedural and substantive unfairness, consumer legislation, and the link between unconscionability and undue influence.
7. Exemption clauses and unfair contract terms
Authors: Merkin Robert , Saintier Séverine
Published: August 2019

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter deals with exemption clauses and unfair contract terms. An exemption clause is a term in a contract or notice that can be either an exclusion clause (excluding liability or remedies) or a limitation clause (limiting liability to a specified sum). The chapter primarily focuses on the requirements that must be satisfied before an exemption clause can be relied upon, the question of construction and the natural and ordinary meaning of the clause, contra proferentem, liability for negligence, limitation clauses, inconsistent terms and fundamental breach. It then examines the legislative regulation of exemption clauses, emphasizing the growing distinction between commercial and consumer contracts in this context. It considers in some depth the enforceability of exemption clauses in a B2B context in accordance with the Unfair Contract Terms Act 1977 and its interpretation in case law. In the B2C context, it discusses control of unfair terms in accordance with Part 2 of the Consumer Rights Act 2015 and the case law interpreting the previous legislative regulation of unfair terms.
10. Remedies providing for specific relief and restitutionary remedies
Authors: Merkin Robert , Saintier Séverine
Published: August 2019

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter deals with remedies providing for specific relief and so-called ‘restitutionary’ remedies. It first considers debt claims (agreed sums), before turning to specific performance and injunctions. It concludes by discussing restitution—recovery where there has been a total failure of consideration, and recovery on a quantum meruit (as where a contract fails to materialize)—following the Supreme Court decision of Morris-Garner and another v One Step (Support Ltd) and its impact on ‘Wrotham Park damages and the availability and nature of the account of profits in Attorney General v Blake.
The Criminal Process
Authors: Campbell Liz , Ashworth Andrew , Redmayne Mike
Published: August 2019

The Criminal Process continues to provides a reflective, contextualized consideration of doctrinal, practical, and normative issues in criminal processes and procedures. The text draws on arguments from the law, research, policy, and principle, to present an overview of this area of study. It focuses on England and Wales, with occasional comparative references. The book includes new coverage of contemporary issues, such as the disclosure of evidence in criminal trials and the treatment of victims, and on diversity and discrimination within the criminal justice process. Further reading suggestions and discussion questions are included at the end of each chapter.
2. Towards a framework for evaluating the criminal process
Authors: Campbell Liz , Ashworth Andrew , Redmayne Mike
Published: August 2019

This chapter advances a theoretical framework for evaluating criminal procedure, while keeping in mind the links between the different parts and aspects of the criminal justice system. A rights-based theory of the criminal process should have the twin goals of regulating the procedures for bringing suspected offenders to trial to produce accurate determinations, and ensuring that fundamental rights are protected in those processes. This approach should be adopted in England and Wales—both on principle and because it is implicit in international documents such as the European Convention on Human Rights that still plays a fundamental role in English law. Separate objectives for dispositive decisions are also proposed, including the decision to divert a person from the criminal process without trial.
6. Gatekeeping and diversion from prosecution
Authors: Campbell Liz , Ashworth Andrew , Redmayne Mike
Published: August 2019

This chapter focuses on the decisions taken by the gatekeepers of the criminal process. It first outlines the role of the police, followed by a comparison with the approach of regulatory bodies as agencies that select for official action certain types of person or situation—a selection that may lead either to prosecution and trial or to a form of diversion. The chapter then considers the range of formal responses to those who are believed to be offenders, including police cautions and other out-of-court disposals. It examines the problematic dimensions of diversion, before examining accountability and the values behind some of the differing policies.
8. Remands before trial
Authors: Campbell Liz , Ashworth Andrew , Redmayne Mike
Published: August 2019

The impact on the liberty of a defendant is an important issue and this chapter analyses remand decisions, scrutinizing the justifications for taking away liberty before trial. It also considers the law relating to remands as well as the treatment of unconvicted defendants, the treatment of victims and potential victims, procedural justice and remand decisions, and, finally, equal treatment in remand decisions. The principal focus in this chapter is on the court’s decision whether to remand on bail or in custody between first appearance and trial. Also discussed are the issues of principle raised by the law and practice.
11. The trial
Authors: Campbell Liz , Ashworth Andrew , Redmayne Mike
Published: August 2019

This chapter focuses on the criminal trial itself which is the focal point of criminal procedure. The rules governing trials therefore shape the decisions made by the police and prosecutors. The trial remains important because defendants’ decisions on whether or not to plead guilty are often informed by what they believe to be the probability of conviction. The chapter considers the courtroom processes and raises questions about the roles of judge and jury. The chapter also discusses the modes of trial; the Crown Court trial; and confrontation and the protection of witnesses all of which are closely connected to issues of procedural fairness.
1. Introduction to Equity
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the concept of Equity and defines it as the body of law that has been made and developed by judges in the Chancery courts to modify the rigid application of the common law. It is grounded on rules, principles, and doctrines that are strictly interpreted, but their application and the remedies awarded can be tempered by the exercise of judicial discretion to ensure a just and fair result. It plays an important role in many contemporary aspects of the law, including commercial and corporate law. A distinction between property rights and personal rights lie at the heart of Equity, and there exists no substantive fusion between Common Law and Equity as bodies of rules — even if their administration has been conjoined into a single procedural system. The chapter also discusses a variety of equitable maxims that are useful generalizations of complex law.
4. Creation of Express Trusts
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the formality requirements that must be met in the creation of express trusts. As an example, a declaration of an express trust over land is presented here, which formally requires signed writing. Trusts created by a will also need to satisfy formality requirements and must be constituted by title to the trust property being vested in the trustee. A trust can be constituted using two mutually exclusive methods: by declaration of oneself as a trustee or by transfer of property to trustees. Neither half-secret nor fully secret trusts will comply with statutory formality requirements but, subject to the fulfilment of certain conditions, they will be regarded as valid to ensure that the statutory formalities are not used as an instrument of fraud.
8. Resulting Trusts
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses resulting trusts and its two principal categories — ‘presumed’ resulting trusts and ‘automatic’ resulting trusts. Resulting trusts are a limited category of trusts that arise on certain facts where neither an express trust nor a constructive trust exists. Automatic resulting trusts arise where an express trust fails initially or subsequently, while presumed resulting trusts arise where a person voluntarily transfers property for no consideration in return, or contributes to the purchase of property in the name of another. There is a controversy regarding the basis of resulting trusts; the better view is that resulting trusts do not respond to unjust enrichment, but reflect a presumed intention of the transferor to have a beneficial interest in the transferred property.
11. General Principles Relating to Trustees
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the nature of trusteeship and its variations depending on the type of trust. Appointed trustees possess a wide variety of powers, and the misuse of these powers will constitute breach of trust. However, the determination of when the exercise of powers can be characterized as invalid and the consequences of misusing a power raise many significant and controversial issues. The chapter also discusses the different types of trusteeship and the various rules relating to the appointment, retirement, and removal of trustees. Although trustees are not generally compensated for fulfilling their responsibilities in administering the trust, in some circumstances they can receive payment to reimburse them for expenses or to pay for their services.
12. The Administration of Trusts
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter elaborates on the issues regarding the administration of a trust and its relation to the trustees. Trustees are responsible for the administration of the trust and are subject to certain duties and have a number of powers relating to trust administration. To assist with the administration of the trust, trustees have the option, collectively and individually, to delegate certain functions to others. They are required to perform their administrative responsibilities diligently, and are subject to a duty to comply with the standard of skill and care expected of all trustees. Trustees have a duty to act in the interests of all the beneficiaries, maintaining a fair balance between them. They are also responsible for safeguarding the trust assets for the benefit of all beneficiaries, and, as such, have a duty to invest trust assets in the best interests of present and future beneficiaries.
9. The Sale of Goods and Supply of Services
Authors: Jones Lucy
Published: August 2019

This chapter discusses the rules relating to agreements for the sale and supply of goods and services. Contracts for the sale of goods and terms implied into business to business contracts by the Sale of Goods Act 1979 are examined. The Consumer Rights Act 2015, introduced to simplify and enhance the position of consumers, is considered. The terms of contracts between traders and consumers for the sale and supply of goods, services, and digital content are discussed together with remedies for breach of contract. Rights to ownership and possession of goods, and when rights may be transferred from a seller to a buyer are explained. General rules on delivery of goods, the duties of a seller and buyer, and the remedies available for breach are discussed. Finally, the terms of business to business contracts for the supply of goods and services, hire of goods, and hire purchase are discussed.
16. Company Law I
Authors: Jones Lucy
Published: August 2019

This chapter explains how companies limited by shares are formed and looks at the contents of companies’ constitutions. The discussions cover the role of promoters in setting up a company and the meaning of a company ‘off the shelf’. The chapter examines the steps and documentation necessary to register a new company limited by shares and the rules relating to a company’s name. It discusses the constitutional documents of a company and the rules relating to its constitution. The chapter concludes with a discussion of the financing of companies. It examines the different types of shares and the issuing of shares. It also considers debentures and charges.
20. Study Skills
Authors: Jones Lucy
Published: August 2019

This chapter presents guidelines on how to study law effectively and approach assignments and examinations. The discussions cover the efficient management and organization of study time and how to best take advantage of lectures, tutorials, and seminars. It explains the importance of developing the technical skills of good note-taking for formal teaching sessions and for private reading. It highlights the importance of summarizing and referencing text. The chapter explains how and where case reports and statutes can be located, both electronically and on paper. Advice is given on how to approach essay and problem-based assignment questions. The chapter concludes with a discussion on preparation for exams.
3. Contracts of employment (2): content and wages
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2019

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes bu considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.
Commercial Law
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

Commercial Law offers a fresh, modern, and stimulating account of the subject, thereby helping students better understand this important area of law. It provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security. A range of learning features is employed throughout the book to encourage understanding of the law, and to demonstrate how the principles behind it play out in practical domestic and international commercial transactions. Practical, fictional case studies are referred to in example boxes throughout the book, demonstrating the types of legal issues and problems that the law is intended to regulate, and helping students to understand the context and practical application of the law. The book includes: regular case boxes throughout the text to highlight cases of importance, providing a succinct account of the material facts of the case, a clear account of the court’s decision and reasoning, and, where appropriate, commentary on the decision; key legislation boxes to help students understand which statutory provisions are of fundamental importance; and definitions of key terms, which appear in the margins the first time the term is used, thus ensuring that students are not confused by the terminology of the subject.
7. Relations between principal and third party
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter examines the relationship that exists between principal and third party, focusing in particular on the liability that exists between principal and third party, and those instances when they can sue, and be sued by, the other. Liability principally arises in contract and tort, and so these two areas of liability will be discussed, beginning with the contractual liability of the principal and third party. The contractual relationship between the principal and third party, and the extent to which one party can be liable to the other, can be complex and depends upon a number of variables, notably whether the principal is disclosed or undisclosed. In a typical agency relationship an agent will effect a contract between his principal and a third party, after which the agent will ‘drop out’ of the transaction.
14. Delivery and payment
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter considers the duty of the seller to deliver the goods and the duty of the buyer to accept the goods and to pay the price. Payment and delivery are concurrent conditions in a contract of sale. This means that the seller must be ready and willing to deliver the goods, and the buyer must be ready and willing to pay for them in accordance with the terms of the contract. The parties to the contract can make whatever agreement they want in respect of delivery and payment and, in practice, will often do so in relation to the time, place, and manner of the delivery and the payment. Where the parties have not agreed on these matters, the Sale of Goods Act 1979 (SGA 1979) lays down certain rules, which are discussed in detail in the chapter. Similar rules apply to consumer sales under the Consumer Rights Act 2015.
18. Product liability
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

Product liability is concerned with circumstances where a product has been supplied and causes damage by virtue of some characteristic that might be described as a defect. The main source of law in this area lies in relation to contracts for the sale of goods, where normally the relationship between a buyer and a seller will be regulated by their contractual arrangements, including any valid exclusion clauses. Problems arise however, even in relation to actions by buyers against sellers where the seller is, for example, insolvent or untraceable, or perhaps where he is protected from contractual liability by an exclusion clause. Further, the defective goods may not only injure the buyer, and the contract is unlikely to provide a remedy for potential claimants not party to the contract of supply, since it must be comparatively rare for such a person to derive any benefit from the Contracts (Rights of Third Parties) Act 1999. In such circumstances a claimant, whether buyer or not, will be forced to rely on the law of tort or on statute for a remedy. This chapter examines such claims.
20. International trade terms
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter begins with an introduction to trade terms, discusses in detail contracts at common law, with a specific focus on the passing of property and risk in the goods, and concludes with a look at the attempts by the International Chamber of Commerce to standardize and clarify the meaning of these terms. Trade terms provide a mechanism whereby buyers and sellers of goods can conveniently express their intentions. So far as they are concerned, the key issue is the allocation of the cost of transportation of the goods from the seller to the buyer, but to the lawyer, more important are the issues of when risk and property in the goods pass, and when delivery is made.
24. Documentary payments
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter is divided into two main parts. First, it aims to provide an introduction to the concept of an important piece of property called an instrument, principally by focusing on one specific example: the bill of exchange. Second, the chapter considers a bank payment mechanism called the letter of credit, especially in conjunction with bills of exchange. Bills of exchange, of which cheques are a particular type, although declining in importance in domestic sales, remain important in international sales. While bills of exchange are not the only instruments, and letters of credit are not the only mechanism supporting the financing of international trade, focusing on these two important commercial documents makes it possible to obtain a good understanding of the types of legal issues involved in documentary payments.
12. Health Resources and Dilemmas in Treatment
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter discusses ethical and legal aspects of the global distribution of medical resources; the allocation of national resources; and medical treatment of the individual. It argues that so long as decisions are made taking into account fundamental moral values and principles of equity, impartiality, and fairness, and provided the bases for decision making are flexible in relation to the times, then the underlying system is just and is likely to yield just results.
15. The Body as Property
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter examines the question of the limits set on our right to control our bodies or parts thereof. This debate has centred on the very important issue of our relationship with our body, and the status of the body, which has most recently been shaped by ideas of property. The chapter considers three aspects of that debate: property in material taken from living persons; property in material taken from cadavers; and the granting of intellectual property rights in human material.
Thompson's Modern Land Law
Authors: George Martin , Layard Antonia
Published: August 2019

This book offers contemporary coverage of a traditionally difficult subject. It moves away from the typically dense, black-letter approach adopted by many textbooks to take a more engaging look at the social context within which Land Law operates. The book is structured to reflect the key topics that are typically covered on the LLB, making it ideal for use as a main textbook, and the contextual approach and selective coverage ensure that it offers in-depth and rigorous analysis and discussion. It explains difficult rules and concepts, and guides students around the common pitfalls in areas where there is typically misunderstanding or confusion. This edition includes extended coverage of the Human Rights Act in land law; coverage of the developments concerning estoppel; and expansion of the chapters on easements and covenants, to take full account of the final Law Commission proposals relating to these areas. Coverage of the family home has been revised to deal with the impact of Stack v Dowden and the Supreme Court decision in Jones v Kernott, as has the chapter on leasehold property to assess the Supreme Court decision in Berrisford v Mexfield Housing Co-operative Ltd.
4. Unregistered Land and the 1925 Legislation
Authors: George Martin , Layard Antonia
Published: August 2019

In 1925, England enacted substantial legislation that recast the existing Land Law, and which provided the framework on which modern Land Law was developed for more than seventy-five years. The essential framework remained intact until the enactment of the Land Registration Act 2002, which replaced, and substantially modified, the Land Registration Act 1925. But while the Land Registration Act 2002 is expected to be an important piece of legislation relating to land ownership in England, the 1925 legislation will still provide a good deal of the theoretical underpinning of the subject. This chapter discusses the main strategies of the Land Registration Act 1925, focusing on its effect on unregistered land. It first describes Land Law after 1925 before turning to legal estates, legal interests in land, equitable rights, land charges registration under the Land Charges Act 1925, unregistrable interests, and classification of interests.
10. Leasehold Estates
Authors: George Martin , Layard Antonia
Published: August 2019

The lease was not originally perceived to be within Land Law at all, but is now a familiar part of landholding. The underlying basis of the lease is a contractual one, a factor that has led, at times, to conflict between landlord and tenant as to whether the relationship should be regarded as the incidents of that estate, or should be governed by normal contractual principles. Leases are employed in three main areas: residential property, commercial property, and agricultural property. This chapter, which deals with leasehold estates, examines the context of leases, the essentials of a lease, exclusive possession, types of tenancy, and equitable leases, and also discusses the rights and duties under a lease, the enforceability of covenants, and termination of tenancies.
14. Proprietary Estoppel
Authors: George Martin , Layard Antonia
Published: August 2019

Proprietary estoppel is a doctrine of considerable antiquity, which, while the subject of considerable judicial development in the nineteenth century, lurked in a degree of obscurity until interest in the subject was revived comparatively recently. Estoppel is seen as having two main forms; in land law, it has long been accepted that estoppel can operate directly to found a cause of action. When operating in this way, the doctrine is referred to as proprietary estoppel, which is the focus of this chapter. It first considers the origin of the doctrine before turning to equitable estoppel, estoppel and other concepts, and estoppel and third parties.