bluuebunny/crossref_metadata_2025 huggingface dataset:
10. Free movement of goods I: tariff and tax barriers
Authors: Foster Nigel
Published: August 2023

This chapter examines European Union (EU) law concerning tariff and tax barriers. It explains the legislative provisions of the Treaty on the Functioning of the European Union (TFEU) for the free movement of goods and those of secondary legislation. The coverage of the TFEU provisions includes customs duties and charges having equivalent effect, the common customs tariff, and the equivalent measures with equivalent effects on exports and imports. This chapter also evaluates the progress towards the achievement of the goals of the Treaty and discusses the establishment of the internal market and the prohibition of discriminatory taxation.
11. Free movement of goods II: non-tariff barriers
Authors: Foster Nigel
Published: August 2023

This chapter examines European Union (EU) law concerning non-tariff barriers to free movement of goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and post ‘Keck’ case law. It concludes with a consideration of the latest trend of cases concerning product use and residual rules.
1. Getting started
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter is aimed at getting you started in your legal studies. It addresses some of the questions and concerns that students have about studying law and starting at university. It explains something of the nature of the law and how it impacts on society before moving on to look at some of the practicalities involved in studying law as it considers how the degree is structured and how teaching and assessment will work.
4. Using legislation
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter discusses how to use legislation. It first looks at the ‘anatomy’ of an Act of Parliament and describes each of its composite parts. It then considers the various means by which the courts can interpret the wording of statutory provisions, including a discussion of the impact of the Human Rights Act 1998 and the European Communities Act 1972.
5. Case law
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.
6. Finding cases
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter presents the skills needed to find cases. It first explains the meanings of case citations before moving on to discuss how to locate domestic cases. It then describes how to find decisions of the European Court of Human Rights, the Court of Justice of the European Union, and the General Court.
9. Finding books, journals, and official publications
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

There is a range of important sources of law beyond legislation and case law. These are materials that provide information on the content, meaning, and operation of the law and help students in their quest to understand the law. This chapter explains how to find these important supplementary resources. It covers books, journals, official publications, Halsbur
y’s Laws of England, Bills, and Hansard (Official Reports of Parliamentary Debates).
12. Legal reasoning and ethics
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter introduces legal reasoning. It first outlines the skills to analyse how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.
13. Referencing and avoiding plagiarism
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter focuses on referencing and avoiding plagiarism. These skills are of critical importance to law students since their academic work will inevitably require them to read, critically consider, and evaluate the work of others. However, they must ensure that they carefully and meticulously distinguish their own work, ideas, and arguments from those of the authors or judges encountered during their research. This is done by providing thorough references to the sources used in their work; failure to do so may lead to accusations of plagiarism. The chapter first explains the meaning of plagiarism in more detail and then discusses OSCOLA, the most frequently encountered referencing system in academic law.
14. Essay writing
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter focuses on essay writing. Earlier sections of the book outlined techniques for locating and understanding primary and secondary legal sources. The chapter builds upon those skills by exploring the ways that this source material can be used in coursework. It guides students through the stages of planning, research, and construction of an essay, with practical advice on interpreting the question and producing a structured response that demonstrates the required skills and knowledge.
15. Answering problem questions
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter focuses on the skills needed to use the law to answer a problem question. It guides students through the process of analysing a scenario to identify the relevant issues to ensure that their answers are comprehensive and do not miss any important points. It outlines strategies to ensure that the law is applied effectively, and that good use is made of supporting authorities.
20. Negotiation skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter introduces the skills needed to prepare for and conduct an effective negotiation, including the research process and different negotiation styles. It also considers the problems that can arise during negotiation and outlines a range of strategies that can be used to overcome them. In essence, it is a step-by-step introduction for those with no previous negotiation experience as well as a source of advice for the more experienced negotiator. A range of examples is used to demonstrate the skills involved in negotiation.
21. Drafting skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter introduces drafting skills. It explains the differences between legal drafting and legal writing. Using a statement of case as an example of a document with a specific legal purpose, the chapter develops the skills of writing in concise, plain, and contemporary language, maintaining formality or legal accuracy and structuring a clear and logical draft which complies with the key parts of the Civil Procedure Rules 1998. It concludes with a worked example of improving the first draft of a set of particulars of claim.
1. Introduction
Authors: Taylor Richard , Taylor Damian
Published: August 2023

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment, and restitution. It also explains the wider range of situations covered by the law of contract, and puts the law of contract into its social and economic context.
3. Certainty and the intention to create legal relations
Authors: Taylor Richard , Taylor Damian
Published: August 2023

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses certainty and the intention to create legal relations. It first considers cases where the parties have used ambiguous or unclear language. It then looks at cases where the parties have deliberately left terms to be agreed at a later date. In the former cases, the agreement is often described as ‘vague’; in the latter cases it is described as ‘incomplete’. The chapter then turns to domestic agreements, commercial agreements, and executory and executed agreements.
7. Misrepresentation
Authors: Taylor Richard , Taylor Damian
Published: August 2023

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter is concerned with the territory just beyond the borders of the contract, where we find the representations which are not part of the contract but which influenced its creation and which, if false, are remedied by the law on misrepresentation. The discussions cover the key elements of the definition of misrepresentation; the differences between fraudulent, negligent and innocent misrepresentations; and the remedies of rescission and the various rights to damages. This also includes the bars on the right to rescind, the principles of assessment of damages and the controls on excluding liability for misrepresentation.
11. Damages
Authors: Taylor Richard , Taylor Damian
Published: August 2023

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.
13. Privity and the interests of third parties
Authors: Taylor Richard , Taylor Damian
Published: August 2023

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the privity rule, which states that only a party to the contract can sue upon it. It discusses the development of the privity rule, distinguishing the privity rule from the consideration rule, evading the privity rule, techniques for giving a right directly to a third party or apparent third party, specific performance in favour of a third party and damages for a third party’s loss, and the Contracts (Rights of Third Parties) Act 1999.
1. Introduction to law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter considers law as a concept and in its context. It examines key legal concepts such as law and morality, jurisprudence, the legitimacy of laws, the rule of law, and the separation of powers, looking at these in both theory and practice. It includes consideration of the virtue, duty, and consequentialist ethical theories, and legal theories including natural law, legal positivism, realism, and critical legal studies. Consideration is given to UK and international factors to give the broadest possible context, including identifying interdisciplinary perspectives. Real life examples are provided and discussed to aid deeper understanding of the concepts referred to.
2. Legal systems and sources of law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

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.
4. Legislation
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter begins by examining the issue of parliamentary sovereignty. This is a key doctrine in the UK constitution of huge historical and political significance. It then discusses the various types of legislation and their importance in the political and legal system. The extensive and sometimes exacting process by which statutes are created is described, and then the means by which they are enforced; it then looks at how courts interpret statutes; and finally the impact on statutory interpretation of the incorporation into English law of EU law and the European Convention on Human Rights (ECHR).
5. Case law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter first discusses the fundamental distinctions between common law and civil law, an important aspect of which is the role of judge-made law. It then examines the operation of the doctrine of precedent—the means by which law made in earlier cases binds the reasoning of some courts in later cases. This involves the skill of identifying statements of law, and the skills involved in applying those earlier statements, or alternatively avoiding their impact. It then considers the arguments for and against the roles of judges and legislators in making law.
10. Persuasive oral communication and presentations
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter provides an understanding of why students and professional lawyers need good oral communication skills. It explains the difference between verbal skills and non-verbal skills such as eye contact and body language. It then shows students how to develop these skills to have their voice heard. Guidance is provided about how to deliver an effective presentation during legal studies, whether in class, for an assessment, or otherwise, such as in a law clinic. It then proceeds to consider how to develop these skills for practice, and provides guidance as to why, when, and how a lawyer must employ persuasive oral communication with clients. The particular issues arising from online communication, such as on Teams and Zoom calls, are explored.
15. Revision and assessment
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This Chapter provides guidance on revision and assessment. It provides guidance on how to plan for effective revision, including time management techniques and memory aids. Engagement, and motivation, and how they link to success, is covered. Guidance is given about wellbeing and mental and physical health, including disability support. Suggestions are provided about how to respond to feedback and practice resilience. The role and importance of assessment criteria is highlighted. Information is provided about different types of assessment, including traditional assessment methods such as exams, courseworks and dissertations, together with more contemporary methods of assessment such as online exams, MCQs and SBAQs, projects, presentations and reflective portfolios. Other relevant contemporary issues, such as the rise in cheating and grade inflation, are discussed. Guidance is provided about good exam technique, including timing, observing word limits, clarity of communication, focus and stamina.
16. Making yourself more employable
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter focuses on the many additional skills needed to embark on a successful career in practising law, skills over and above the skills that you will have acquired during your time at University. It discusses personal characteristics, including your attitude and approach to your work, professionalism and empathy; team-working and leadership skills; the importance of delegation; how to plan and conduct effective meetings; client care; networking; marketing; IT and technology skills; and the use of social media. Using topical case studies, it considers the meaning of commercial awareness: what it is, how to develop this and how this might be explored at interviews.
3. Duty of care: basic principles
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter begins by tracing the development of the duty of care starting with the case of Donoghue v Stevenson [1932]. It goes on to consider the various general tests developed and used by the courts in order to establish when a duty of care is owed.
4. Special duty problems: omissions and acts of third parties
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter examines the two separate but closely linked concepts of liability for omissions and for the actions of third parties. The first section considers when and why the courts have established that a duty of care should be owed by defendants when the harm was the result of their omission, and the second explores the situations when a defendant may owe a duty in relation to the action(s) of a third party. Ordinarily you can be liable only for things that you do, but when someone does not do something that they ought to have done a duty might be found. Similarly, while it appears odd that someone may be liable for harms that someone else caused, the courts have nonetheless found that in limited circumstances people who have responsibility for, or control over, others may incur a duty in respect of the harms caused by these third parties.
6. Special duty problems: public bodies
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter explains what happens when a public body owes a private law duty of care to an individual who claims against it in negligence. It remains the case that public bodies will be liable where the negligent exercise of their powers makes a situation worse than it already was or if they assume responsibility in some way for the claimant. The discussions cover the general exclusionary rule; the leading case of Poole Borough Council v GN [2019]; rules for claims brought against the emergency services (including the police) and armed forces; other types of public body; and different types of claims: education-based claims and ‘social’ claims.
7. Special duty problems: economic loss
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter explains when and how the courts have found that a duty of care should be owed by defendants for purely economic loss. This differs from ‘consequential’ economic loss, where financial loss is suffered as a secondary consequence of another harm, such as personal injury or property damage. The tort of negligence distinguishes between these, using duty of care as a device to control whether and when claimants will be able to recover their pure economic losses. The discussions cover the meaning of ‘pure’ economic loss; exceptions to the exclusionary rule; claims for pure economic loss in negligence before Murphy v Brentwood District Council [1990]; and extended applications of the principles established in Hedley Byrne v Heller [1963].
8. Breach of duty: the standard of care
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter focuses on breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’. The questions to be answered are how the defendant ought to have behaved (what was the required standard of care) and how the defendant did behave (did they in fact fall below that standard).
10. Defences to negligence
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.
18. Trespass to land and nuisance
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, were clarified by the Supreme Court in Coventry v Lawrence [2014].
3. Contracts of employment (2): content and wages
Authors: Smith Ian , Warnock Owen , Mitchell Gemma
Published: August 2023

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 by considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.
8. Redundancy, reorganization, and transfers of undertakings
Authors: Smith Ian , Warnock Owen , Mitchell Gemma
Published: August 2023

This chapter discusses issues which arise when an employer faces hard times or stiff competition. The employer may need to sell or contract out part of its operation, dismiss some employees, or change the terms and conditions of work. The statutory definition of ‘redundancy’ is examined and is contrasted with termination of employment, or change in terms of employment, for other economic reasons. The chapter then deals with statutory redundancy payments and collective consultation on collective dismissals (whether for redundancy or other reasons). The discussion then focuses on how tribunals assess the fairness of redundancy dismissals and on the different approach taken as to the fairness of dismissals caused by reorganization which are categorized as being for ‘some other substantial reason’. Finally, the chapter addresses ‘TUPE’, which is the law governing the transfer of undertakings and situation where a service provider loses or gains a contract. The issues relate to the transfer to the new employer of individual and collective relationships, the protection of existing terms and conditions, and the legality of transfer-related dismissals and transfer-related changes to the employment contract.
9. Collective labour law
Authors: Smith Ian , Warnock Owen , Mitchell Gemma
Published: August 2023

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action, which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout, as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.
1. From EEC to EU: A Brief History of the Development of the Union
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter, which traces the chronological history of the development of the European Economic Community (EEC) into the European Union (EU), explains that the EEC was created by the Treaty of Rome (ToR) in 1957 and discusses Treaties which amended the ToR and led to the development of the EU. These include the Single European Act in 1987, the Maastricht Treaty in 1993, the Amsterdam Treaty in 1999, the Nice Treaty in 2003 and the Lisbon Treaty in 2009. The chapter also describes the nature of the EU and theories explaining the development of the scope of its activities. It summarises the history of the EU, including enlargement, debates over democracy, and the Brexit process, and explains the nature of the EU: supranational, intergovernmental or a form of ‘multi-level governance’?
2. Institutions of the Union: Composition and Powers
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines the institutions within the European Union (EU), their powers and the relationship between the institutions. The main EU institutions are the European Parliament, the Council, the European Council, the Commission (including the High Representative for Foreign Affairs and Security Policy), the Court of Justice of the European Union, the European Central Bank and the Court of Auditors. There are also other bodies, including the European Ombudsman, the Economic and Social Committee (ECOSOC), the Committee of the Regions and COREPER. The chapter explains that these institutions and bodies are given different powers and are subject to important rules (for instance, the usual rule of qualified majority voting in the Council), and that they are required to work together in order to provide the checks and balances within the Union legal order, or the so-called institutional balance.
4. Principle of Supremacy of EU Law
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines the Court of Justice’s (CJ) case law on the supremacy of European Union (EU) law over national laws of Member States, analyses the question of priorities between directly effective EU law and domestic law, and also looks at this problem from the perspective of the national courts, including issues of human rights protection. It argues that the CJ’s introduction of the notion of supremacy, as part of EU law constituting a ‘new legal order’, was instrumental in providing a view of the Union as a body which went beyond what was normal for an international law organisation. The chapter also describes how Member States developed their own constitutional rules as a response to EU law.
6. General Principles of Law
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law within the scope of EU law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR) and the European Union Charter of Fundamental Rights (EUCFR), which includes substantive rights and procedural rights, as well as the principles of proportionality and legal certainty. It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection have increased.
7. Framework for Enforcement
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter outlines the framework for enforcement of European Union (EU) law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), the CJ has played a key role in the enforcement of EU law, especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU law can also be raised in the national legal system.
10. The Preliminary Ruling Procedure
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines the relationship between the Court of Justice (CJ) and the national courts in the context of the preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union (TFEU). The chapter focuses on the text of Article 267 TFEU. It analyses the extent to which national courts are willing and able to gain access to the CJ in order to resolve the questions of European Union (EU) law before them. The chapter also explains the concept of acte clair. The analysis reveals that the CJ has rarely refused its jurisdiction and has interpreted broadly the term ‘court or tribunal’. The CJ has also rarely attempted to interfere with national courts’ discretion in matters of referral and application of EU law, while national courts have generally been ready to refer cases to the CJ.
13. Union Liability in Tort: Action for Damages
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines the action for damages related to European Union (EU) liability in tort. It discusses the scope and the elements of non-contractual liability and liability for wrongful acts or omissions under Article 340(2) of the Treaty on the Functioning of the European Union (TFEU). The chapter also explains the relationship of Article 340 TFEU with Articles 263 and 265 TFEU. It considers the restrictive rules in relation to assessment of damages and causation. The chapter highlights the need for European Courts to balance the conflicting interests of permitting flexibility in decision-making and protecting individuals who may suffer as a result of such action.
22. Discrimination
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).
1. Guidance on reading cases
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter offers tips for students on how to read cases relating to contract law. In reading a case, it is important to understand how it relates to the legal principles taught in lectures. The chapter also discusses the basics of reading a case and how to read a case in practice, using the case Carlill v Carbolic Smoke Ball Co. so that the student will learn to appreciate contract case law.
4. Intention to be legally bound, formalities, and capacity to contract
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter deals with intention to be legally bound and capacity to contract. In order to enforce any promise not contained in a deed, there must be an intention to create legal relations. This intention is traditionally determined using different presumptions for domestic and commercial agreements. In the case of domestic and social agreements, there is a presumption that there is no intention to create legal relations. In contrast, there is a presumption of an intention to create legal relations in commercial agreements. Both presumptions are capable of being rebutted on the facts, e.g. an honour clause in a commercial contract. The second part of this chapter examines capacity to contract and particularly the enforceability of contracts made by minors.
6. Exemption clauses and unfair contract terms
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law 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.
8. Mistake
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter considers the area of ‘mistake’. The law distinguishes between several types of mistake. Some mistakes (‘agreement mistakes’) prevent formation of an agreement. These mistakes are common mistakes (where the parties are at cross-purposes) and unilateral mistakes (where one party is mistaken and the other knows or ought to know this, e.g. unilateral mistake as to identity). The chapter also looks at document mistakes and specifically rectification of a written document to reflect accurately what the parties in fact agreed, and the plea of non est factum (‘this is not my deed’). Finally, a contract having no contractual allocation of risk and made under the same mistaken assumption may be void for ‘common mistake’ if the mistake is so fundamental that it ‘nullifies’ consent. This is known as ‘initial impossibility’ because the impossibility already exists when the parties agree to the contract. This chapter deals with common mistake and initial impossibility, contractual risk allocation, and the theoretical basis for the doctrine of common mistake. It discusses categories of fundamental common mistake, including res extincta, and assesses the legal effects of mistakes as to quality made by both parties. The chapter concludes by considering the relationship between common mistake and frustration.
10. Duress, undue influence, and unconscionable bargains
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines further vitiating factors which relate to the way in which the contract was entered into and render it voidable. It discusses the doctrines of duress and undue influence and whether contracts are affected by a general doctrine of unconscionability relating to the manner of formation and content relative to the nature and position of the contracting parties. The doctrine of economic duress allows for any contract to be set aside where unlawful threats to financial position were made in order to secure agreement. This doctrine is still evolving but represents a mechanism to prevent the enforceability of promises not freely given. Under the doctrine of undue influence, a contract may be set aside if one party has put unfair and improper pressure on the other in the negotiations leading up to the contract. The courts of equity have developed undue influence as one of the grounds of relief to prevent abuse of the influence of one person over another, particularly where the influence results from the nature of the relationship between the parties. The chapter examines types of undue influence, actual undue influence, presumed (or evidential) undue influence, undue influence exercised by a third party, the legal effect of undue influence, and the relationship between undue influence and unconscionability.
12. Discharge by frustration: subsequent impossibility
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. Without the fault of either party, a contract may be automatically discharged due to frustration that renders further performance of the contract impossible, illegal, or radically different from what was originally conceived. In this case, the parties will be excused further performance of their contractual obligations. However, the frustration doctrine applies only where there is no express provision in the contract (a force majeure clause) allocating the risk. This chapter, which examines the frustration doctrine and discharge for subsequent impossibility, first considers the contractual risk allocation before turning to the theoretical basis for the doctrine of frustration. It then discusses limitations on the operation of the frustration doctrine before examining the effects of frustration and the effects on the parties’ positions of the Law Reform (Frustrated Contracts) Act 1943.
14. Damages for breach of contract
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. Contractual damages aim to compensate the injured party for the loss suffered due to breach of contract. Damages for breach are compensatory and not punitive so that it is possible to recover only for the actual loss suffered by the injured party. This chapter considers the different measures to achieve compensation for loss suffered as a result of the breach and the limitations on the ability to be fully compensated in a breach of contract claim. It also discusses agreed damages provisions and their enforceability.
1. Introduction to the law of contract
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas of the law curriculum. Contracts are legally enforceable agreements intended for planned exchanges that are regulated by the principles of contract law. This chapter looks at some of the main theories underpinning the development of English contract law and examines the nature of contractual liability. Contractual obligations arise largely from party agreement, and this distinguishes contractual liability from liability in tort. Given the continued relevance of English law in a globalized world (in spite of the UK exiting the European Union), this chapter also briefly introduces the various attempts to produce a set of harmonized principles such as the Common European Sales Law, along with the impact of other international developments including the growth in e-commerce and electronic communications. Moreover, the chapter analyses the most significant European directives and their effect on the development of English contract law, especially in the context of consumer contracts. The implementation of these European directives has resulted in the introduction of the concept of ‘good faith’ into English contract law. Given the increasing importance of good faith as a concept, especially in the context of ‘a relational contract’, the chapter gives detailed discussion on the scope of and application of good faith in performance of the contract. Finally, the chapter considers the implementation of the Consumer Rights Directive in a number of statutory instruments and the Consumer Rights Act 2015.
3. Enforceability of promises: consideration and promissory estoppel
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas of the law curriculum. Under English law, bargains and not gratuitous promises are enforced, thus a promise will not be enforceable if it is not contained in a deed (implying that any promise is taken seriously) or supported by consideration. Consideration refers to an act or a promise given in exchange for the promise (that is, the price for which the other’s promise was bought). The law does not recognize some acts or promises as good consideration, such as past consideration and performance of an existing legal duty. This chapter examines the general requirement in English law to provide consideration in order to enforce a contractual promise. The consideration requirement is relevant not only to the formation of a contract but also to the enforceability of promises altering the terms of an existing contract (alterations). An alteration promise that is not supported by consideration may still have some binding effect on the basis of the doctrine of promissory estoppel.
4. Intention to be legally bound, formalities, and capacity to contract
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas of the law curriculum. This chapter examines the requirement that there must be an intention to create legal relations and specific requirements of form, such as writing, for an agreement to be enforceable as a legally binding contract. Traditionally, this intention to create legal relations is determined objectively using two presumptions that can be rebutted on the evidence. First, it is presumed that there was no intention to be legally bound in the context of social or domestic agreements. Secondly, it is presumed that the parties to commercial agreements intended to be legally bound unless there are clear words indicating the opposite, such as the existence of an honour clause. In addition, some contracts require particular formalities to be binding. The chapter outlines some examples of these and discusses the consequences of non-compliance with the formality requirements. It also considers the capacity rules in contract (i.e. a party’s ability in law to contract) and the effect of incapacity on a contract, focusing on contracts made by minors (persons below 18 years old). The chapter concludes by discussing electronic signatures and the implications of e-commerce for formality requirements in contracts.
5. Content of the contract and principles of interpretation
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas of 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.