bluuebunny/crossref_metadata_2025 huggingface dataset:
25. EU criminal law
Authors: Spencer John R
Published: August 2017

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.
Complete EU Law
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete EU Law combines extracts from leading cases and articles to take a fresh and modern look at the constitutional and substantive law of the EU. It starts by looking at the origins of EU integration and more recent developments such as the implications of the UK ‘Brexit’ vote. It then examines the role of EU institutions within the legislative process, and the sources of EU law. Next, it explores the relationship between the EU and the Member States; the supremacy of EU law and its impact upon the principle of UK parliamentary sovereignty; the direct and indirect effect of EU law in the national courts; and the ability of those national courts to request preliminary rulings from the Court of Justice. The book also examines the obligations that EU law imposes on Member States, including the operation of infringement actions and Member State liability in damages for breaches of EU law, and the obligations that it imposes on both the EU institutions and the Member States to protect human rights in the EU. It then discusses economic integration within the internal market and how EU law regulates the rights of individuals and businesses under the ‘four freedoms’, focusing on the free movement of persons and goods. Finally, the book considers competition law and its enforcement within Member States.
3. Sovereignty and sources of law
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.
4. Enforcing EU law rights in national courts
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.
7. Challenging EU action or inaction
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the role of the Court of Justice in ensuring that the rule of law in the EU is observed both by Member States and EU Institutions. The chapter examines infringement actions under Article 258 TFEU, and financial penalties for Member States under Article 260 TFEU. The discussion of judicial review considers acts that may be challenged; who can bring an action under Article 263 TFEU; permissible applicants under Article 263 TFEU; non-privileged applicants; reforming the criteria for locus standi for non-privileged applicants. The chapter also explains the grounds for annulment; the effect of annulment; the plea of illegality; failure to act; and the relationship between Article 263 TFEU and Article 265 TFEU.
8. EU liability in damages
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on the non-contractual liability of the EU for damages. The discussions cover the jurisdiction of the EU Courts; the meaning of ‘general principles common to the laws of the Member States’; wrongful acts by EU institutions; actual damage; causation; the relationship between actions for damages against the EU and actions for damages against Member States; and the relationship between actions for damages against the EU and actions against it for annulment of EU law.
12. Freedom of establishment and freedom to provide and receive services
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter first discusses the freedom of establishment, distinguishing between the freedom of establishment for natural persons and the freedom of establishment for legal persons; and then considers the freedom to provide and receive services, explaining the possible derogations to both freedoms.
2. Contracts of Employment (1): Status, Formation, Continuity, and Change
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2017

This chapter discusses the way in which the law has had to keep up with changing models of ‘employment’. Even the old ‘employee/self-employed’ division is now complicated by increasing use in modern statutes of the term ‘worker’. Part-time, fixed-term, and agency workers have featured prominently in modern employment law and consideration is given to these specifically, along with even more topical areas of concern such as zero-hours contracts and the challenges of the ‘gig economy’ more generally. Three more technical areas are then considered. The first concerns the ‘section 1 statement’ of basic terms and conditions that has been an obligation on employers since 1963 but is still not always given. The second concerns the difficult question of the extent to which an employer can seek to impose limitations on an employee even after employment ends. The third concerns the whole question of how the terms of an employment contract can lawfully be changed by one or both of the parties to it.
6. Termination of the Employment Contract at Common Law
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2017

This chapter looks at termination of employment at common law, and at the breach of employment contract action known as ‘wrongful dismissal’. It first discusses ways in which the contract might untypically end by operation of law rather than the ‘dismissal’ on which many employee rights rest. The chapter then considers the right of either party to terminate most contracts by giving notice—a major feature of UK employment law—and the ability of the employer to dismiss summarily for gross misconduct. It concludes with a detailed analysis of the principal remedy for an employee at common law—the action for wrongful dismissal—which is completely separate and different from statutory unfair dismissal despite an unfortunate tendency for the press to treat them as interchangeable.
10. Industrial Action
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2017

This chapter considers the law relating to strikes and other industrial action. It deals with the historical development of common law and statute in this field to illuminate the current law. The tortious and criminal liabilities flowing from industrial action are considered and the crucial immunity for tortious liability provided by the ‘golden formula’ including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action.
Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact focuses on the effect of industrial action on the individuals employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal. The relevance of the European Convention on Human Rights is considered as are the changes which will be brought in by the Trade Union Act 2016.
Complete Land Law
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Complete Land Law: Text, Cases, and Materials Abstract: Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete Land Law combines clear commentary in relation to land law with essential extracts from legislation and cases. A wide range of extracts are included, providing convenient and reliable access to all the materials needed. This edition features discussion of the latest case law in the area including: Wood v Waddington on the scope of s62 LPA 1925, Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd on whether sporting and recreational rights can be an easement, the use of clear visible signs to prevent the acquisition of a prescriptive easement in Winterburn v Bennett, and Birdlip v Hunter on building schemes. There is an account of the Supreme Court decision in Edwards v Kumarasamy on the scope of ‘exterior’ in relation to repairing covenants in leases.
2. Tenures and Estates
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the concepts of tenure and estates. It describes what tenure is in both the historical and modern day context; describes what an estate is; and describes the various forms of estates. It covers feudal tenures; leasehold tenure; commonhold; estates; fee simple; fee tail; life estates; estates in possession, reversion, and remainder; and interests under trusts.
5. Registration of Title—The Basic Principles
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles which govern the substantive registration of estates in land. It covers registration of title (mirror principle, curtain principle, and insurance principle); the form of the register (the property part, the proprietorship part, and the charges part); categories of rights in registered land; first registration of title; procedure where a sale or lease gives rise to first registration; grades of title; land certificates; conclusiveness of the register; dispositions of registered titles; and procedure on transfer of a registered title.
10. Licences and Proprietary Estoppel
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses licences and proprietary estoppel. It covers bare licences; licences coupled with an interest; contractual licences; revocation of a licence by the licensor; the effect of licences between the licensee and a third party; estoppel licences; proprietary estoppel; satisfying the equity; and status of ‘an equity’ before it has been satisfied.
12. Obligations in Leases
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the obligations of landlords and tenants in leases. It covers implied landlord’s covenants; remedies for breach of the landlord’s covenants to repair; tenant’s covenants; covenants against assigning, sub-letting, and parting with possession; and remedies against a tenant in breach of repairing obligations.
15. Adverse Possession and the Limitation Acts
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles for adverse possession; adverse possession against land which is subject to a lease; and the complex rules applicable where adverse possession is taken against land which is registered title. It covers the rationale of adverse possession; possession giving a right to sue trespassers; the Limitation Act 1980; commencement of adverse possession; offence of squatting in a residential building; preventing the acquisition of title by adverse possession; and the effect of adverse possession.
17. The Essential Characteristics of Easements
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant. All four characteristics must exist for a right claimed to be an easement. If any one of those is missing then the right is not an easement.
24. The Operation of Mortgages
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rights of the mortgagor; leasing of the mortgaged property; undue influence, where a third party pressures the mortgagor into cooperating in the granting of a mortgage so that the third party can get a loan from a lending organization; redemption of mortgages; and fire insurance of the mortgaged property.
2. The Union Institutions
Authors: Foster Nigel
Published: August 2017

This chapter discusses the EU’s institutional framework. These include the Commission; the Council (of Ministers) of the European Union; the European Council; the European Parliament; the Court of Justice of the European Union; the Union’s advisory bodies; other Union bodies; and Union financing.
7. The Direct Jurisdiction of the Court of Justice
Authors: Foster Nigel
Published: August 2017

This chapter considers the actions commenced before the Court of Justice. These include actions by the Commission and other member states against a member state (Arts 258–60 TFEU); judicial review of acts of the institutions (Art 263 TFEU); the action against the institutions for a failure to act (Art 265 TFEU); and actions for damages (Arts 268 and 340 TFEU). The chapter also considers interim measures under Arts 278 and 279 TFEU and actions arising from the Commission enforcement of EU competition law against individuals.
8. The Free Movement of Goods
Authors: Foster Nigel
Published: August 2017

This chapter discusses EU law on the free movement of goods. It covers legislative provisions; progress towards the treaty goals; integration methods; the establishment of the internal market; the prohibition of discriminatory taxation; summary on tariff barriers; quantitative restrictions and measures having equivalent effect; the ban of Art 34 TFEU and derogations of Art 36 TFEU; equally applicable measures (indistinctly applicable measures); and notable cases including Dassonville, Cassis de Dijon, Keck, and Mithouard.
10. An Introduction to EU Competition Policy and Law
Authors: Foster Nigel
Published: August 2017

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.
Steiner & Woods EU Law
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

Now in its thirteenth edition, Steiner & Woods EU Law is regarded as a trusted EU law book. The book offers a careful blend of institutional and substantive coverage and focuses on explaining the law clearly, as well as raising areas for debate. Part I of the book charts a brief history of the development of the European Union, looks at the institutions of the Union, EU law and general principles of law. Part II provides a framework of enforcement, looks at remedies in national courts, state liability, preliminary references, direct action for annulment, action for failure to act and union non-contractual liability. Part III considers the internal market, comprising harmonisation, customs union, free movement of goods and aspects of individuals’ free movement rights including citizenship, economic rights and social rights. It also introduces key principles relating to discrimination and competition policy.
1. From EEC to EU: a brief history of the development of the Union
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

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.
5. Principles of direct applicability and direct effects
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the scope of the doctrines of direct and indirect effect in the context of European Union (EU) law. These doctrines allow individuals to rely on EU law rights in national courts. It explains that while the Court of Justice (CJ) has emphasised that EU directives cannot have direct effect as against individuals (horizontal effect), its case law shows a range of developments which operate to undermine the simplicity of this position. The chapter suggests that granting individuals and national courts a role in the enforcement of Union law has ensured that EU law is applied and Union rights are enforced. It also considers questions concerning the idea of incidental direct effect, triangular situations and the consequences of the line of jurisprudence starting with the judgments in Mangold (case C-144/04) and Kücükdeveci (case C-555/07).
7. Framework for enforcement
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

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.
11. Enforcement actions
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the enforcement rules for European Union (EU) law found in Articles 258, 259 and 114(4) of the Treaty on the functioning of the European Union (TFEU). It outlines the various stages of Article 258 TFEU and explains the discretionary powers of the Commission to initiate the proceedings. The chapter describes the conditions under which financial penalties may be imposed upon Member States according to Article 260.
12. Direct action for annulment
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter focuses on the Treaty provisions providing for judicial review of European Union (EU) law in Article 263 of the Treaty on the Functioning of the European Union (TFEU). It explains the grounds for challenge and the consequences of a successful challenge to EU regulations. The chapter also highlights criticisms of Article 263 TFEU concerning restrictive tests for the admissibility of actions by individuals, and the restrictive attitude to the locus standi of trade associations and pressure groups. The implications of the case law after the Treaty of Lisbon, particularly regarding the term ‘regulatory act’, are explained. It considers the scope of indirect review under Article 277 TFEU.
18. Free movement of goods
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the Treaty provisions designed to ensure free movement of goods within the European Union. It discusses prohibitions on quantitative restrictions, and on measures having equivalent effect to quantitative restrictions (MEQR) in Article 34 Treaty on the Functioning of the European Union (TFEU), in particular considering the key cases of Dassonville, Cassis de Dijon and Keck. It also outlines the prohibition on quantitative restrictions on exports and all measures having equivalent effect. It analyses the development of the jurisprudence relating to MEQR, and explains the provisions of Articles 35 (exports) and 37 TFEU (state monopolies). The chapter also addresses the underlying questions concerning the relationship between free movement and national regulatory competence.
19. Derogation from the free movement of goods
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the provisions of Article 36 of the Treaty on the Functioning of the European Union (TFEU) containing the derogation from the free movement of goods. It identifies the grounds for derogation under Article 36 TFEU, and considers proportionality and disguised restriction on trade. It also discusses the Court of Justice's (CJ) jurisprudence on the rule of reason.
24. Right to receive services
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the European Union (EU) law concerning the right to receive services under Article 56 of the Treaty on the Functioning of the European Union (TFEU). The chapter considers the dividing line between remuneration and publicly funded services, and focuses on the jurisprudence of the Court of Justice (CJ) in which it has developed a number of mechanisms to extend rights for those who have moved to receive services.
28. Introduction to EU competition policy
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the competition policy in the European Union (EU), discusses the social market economics, and describes the structure and objectives of EU competition provisions and policy. It highlights the decentralisation of enforcement of competition policy. The chapter also explores policies on competition with third countries.
29. EU competition law
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the core elements of competition law in the European Union (EU) and its impact on the internal market, focusing on anti-competitive agreements, abuse of market power and controls over concentrations. It discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
1. Introduction
Authors: Taylor Richard , Taylor Damian
Published: August 2017

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This introductory chapter explains how contract law is structured and how it fits into the overall scheme of the law of obligations and into English law more generally. It explains the boundaries between contract law, torts and unjust enrichment and restitution and also explains the wider range of situations covered by the law of contract and puts it into its social and economic context.
2. Agreement
Authors: Taylor Richard , Taylor Damian
Published: August 2017

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. A contract requires that the parties reach an Agreement which normally consists of a matching offer and acceptance. This chapter discusses the following: the objective test of agreement; identifying an offer and acceptance; rejection, counter-offers, and inquiries; communication of acceptance including the postal rule and the contrasting rule for revocation; mode of acceptance; the death of an offer; and unilateral contracts.
4. Consideration and estoppel
Authors: Taylor Richard , Taylor Damian
Published: August 2017

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explains the nature of consideration with the aid of examples and discusses two basic definitions of consideration (consideration as a legal benefit or burden and as the price of a promise) as well as the past consideration rule. It addresses whether performance of an existing duty can count as a legal benefit or burden to form consideration for a promise. It considers existing public duties; existing duties owed to a third party; and existing duties owed to the promisor. The chapter examines the related rules concerning part payment of a debt and the extent to which promises not supported by consideration can be enforced using promissory estoppel.
5. Positive terms
Authors: Taylor Richard , Taylor Damian
Published: August 2017

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. The terms of the contract give substance to the contractual parties’ obligations. They lay down what each party is expected to do in performance of his obligations, and so it is crucial in any dispute to first establish the terms of the contract before looking to see whether one party has failed to perform his obligations. This chapter focuses on the positive terms of the contract. The discussions cover terms and representations; collateral warranties; implied terms; and conditions, warranties and innominate terms and the significance of the remedies, including termination, attached to each.
12. Specific remedies
Authors: Taylor Richard , Taylor Damian
Published: August 2017

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 considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.
4. Introduction
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter offers an introduction to the law of agency. It first examines the legal concept of agency, focusing on the definitions of agency and how agency differs from other power–liability relationships. It then looks at examples of types of agent, such as auctioneers, directors, partners, and solicitors and counsel. It also considers agents who play a particular role in commercial transactions, namely: factors, brokers, del credere agents, confirming houses, and commission agents. Finally, it discusses the agency law in the European Union and the harmonisation of the law via the Geneva Convention on Agency in the International Sale of Goods, held in 1983.
8. Introduction and definitions
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter serves as an introduction to the English law governing sale of goods, along with relevant definitions. Prior to 1893, the domestic sales law was almost entirely based on case law. There were a few statutory provisions, the two most important being the Factors Acts and s 17 of the Statute of Frauds 1677. In 1888 Sir Mackenzie Chalmers was commissioned to draft the bill that became the Sale of Goods Act 1893. This chapter discusses the relevant provisions of the Sale of Goods Act 1893 in relation to the general law, as well as its application to contracts for the sale of all types of goods. It also considers some key definitions relating to sale of goods and how sale of goods differs from other transactions such as barter or exchange, bailment, agency, and hire-purchase. Finally, it explains how a contract of sale is formed.
13. Remedies of the seller
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter focuses on the remedies of the seller in a sale of goods transaction. The remedies of the seller in a sale of goods transaction take, with one exception, two forms: money claims against the buyer, either for the price or for damages for breach of contract, and claims against the goods or their proceeds in order to provide security. There is one other species of claim of minor importance, namely a claim for specific performance. This chapter first considers the seller's right to sue the buyer for the price and for damages for non-acceptance under the Sale of Goods Act 1979 before discussing the jurisdiction of the court to order specific performance. It also examines three remedies available to an unpaid seller against the goods: lien, stoppage in transit, and resale. Finally, it analyses the retention of title clause in a contract of sale.
14. Remedies of the buyer
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter focuses on the remedies of the buyer in a sale of goods transaction, namely: damages, the recovery of money paid for a consideration that has totally failed, and specific performance and injunctions. It begins with a discussion of the buyer's right to sue the seller for damages for non-delivery, late delivery, and breach of warranty under Section 51 of the Sale of Goods Act 1979. It then considers the buyer's right to recover the price of goods not delivered, or validly rejected, before concluding with an analysis of the jurisdiction of the court to order specific performance. A number of relevant cases are cited throughout the chapter.
18. Negotiable instruments
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter focuses on the use of negotiable instruments as a method of payment in commercial transactions. The law governing negotiable instruments merits consideration for two reasons. First, negotiable instruments are still used as a method of making payment in the commercial world, especially in the area of international trade. Second, the law relating to negotiable instruments encapsulates many of the fundamental principles and concepts of commercial law in general. This chapter first considers the definition of a negotiable instrument, as well as the concepts of ‘instrument’ and ‘negotiability’, before explaining how instruments come to be negotiable. It also discusses different types of negotiable instrument such as bills of exchange, cheques, promissory notes, bank notes, treasury bills, share warrants, and certificates of deposit. Finally, it describes the advantages of a negotiable instrument as a mode of payment.
21. The financing of international trade
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter examines the methods used to finance international trade. There are a variety of ways to pay for goods sold under an international sales contract. The method chosen for any particular transaction will depend in large part on the seller's confidence in the integrity and solvency of the overseas buyer, as well as on the bargaining strengths of the respective parties. A new payment method called the Bank Payment Obligation (BPO) makes it possible for the seller to mitigate the risks of non-payment and insolvency associated with open account transactions. This chapter discusses documentary bills, documentary credits, standby credits, performance bonds, and guarantees. It also considers other financing methods such as forfaiting and financial leasing before concluding with an overview of export credit guarantees.
22. Assignment of choses in action
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter deals with the assignment of choses in action. The modern rules and principles of assignment have been the result mainly of steady developments over time, especially from the seventeenth century onwards. Since the common law historically did not permit assignment, while equity did, the relations of law and equity are fundamental features of the modern law of assignment. This chapter first explains what ‘chose in action’ and ‘assignment’ are before discussing the requirement that there be an existing and assignable chose in action or right as well as the requirement that a person who holds an existing assignable chose in action intends to assign it. It also examines whether and when a rule of legal formality requires writing to be made; whether and when notice of the assignment is required; and obstacles to the enforcement of an assigned chose in action.
25. Possessory security
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter deals with possessory security. It begins with a discussion of pledge, focusing on two relevant cases: Coggs v Bernard (1703) and Halliday v Holgate (1868). It then considers the delivery and re-delivery of possession by citing the rulings in Official Assignee of Madras v Mercantile Bank of India Ltd (1935), Wrightson v McArthur and Hutchisons (1919) Ltd (1921), and Reeves v Capper (1838). It also examines re-pledge by the pledgee, realisation, and statutory control before turning to liens. In particular, it explains how a lien arises and how it is enforced, terminated and registered. Finally, it looks at the proposed legal reform with respect to possessory security.
26. Non-possessory security
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter focuses on non-possessory security. It begins with a discussion of mortgage and its definitions, along with a number of relevant cases such as Downsview Nominees Ltd v First City Corpn Ltd (1993) and Swiss Bank Corpn v Lloyds Bank Ltd (1982). It then considers equitable charge, which includes fixed and floating charges, and equitable lien. An equitable lien is similar to an equitable charge; both attach to property belonging to another until certain specific claims have been satisfied. One difference is that an equitable lien arises by operation of law, whereas a charge is created by agreement of the parties. The chapter also examines statutory control with respect to non-possessory security, with particular emphasis on the protection of third parties and debtors.
27. Insurance
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter deals with insurance and the principles of insurance law. Contracts of insurance may be subdivided into two categories: indemnity insurance and contingency insurance. Under a contract of insurance, the event insured against is interpreted to be uncertain, either in the sense that it may or may not occur, or that the time of the occurrence is uncertain. This chapter first explains how insurance works, with a particular focus on insurable interest, the statutes that govern insurance contracts, and the power of the Financial Conduct Authority to authorise persons wishing to conduct business as insurers. It then considers how an insurance contract is formed and goes on to describe the content and interpretation of the contract. It also discusses the liability and rights of the insurer before concluding with an analysis of marine insurance and insurance claims.
Clinical and Histologic Evaluation of Ingenol Mebutate 0.015% Gel for the Cosmetic Improvement of Photoaged Skin
Authors: Handler Marc Z. , Bloom Bradley S. , Goldberg David J.
Published: August 2017

BACKGROUND

No studies have examined the use of topical ingenol mebutate for improvement of photoaged skin.

OBJECTIVE

To evaluate clinical results of ingenol mebutate gel applied to photoaged skin and to quantify improvement at 7, 30, and 60 days after application.

MATERIALS AND METHODS

Twenty-five subjects were enrolled in the study. Picato (ingenol mebutate) (LEO Pharma, Parsippany, NJ) gel was applied to an area with a known actinic keratosis daily for 3 days. Subjects self-evaluated and were investigator evaluated on 6 characteristics on Days 7, 30, and 60 using an objective scale. The scale evaluated actinic keratosis, overall skin appearance, wrinkling, dyschromia, erythema, and texture. The subjects were also evaluated using the Griffiths' Photonumeric Photoaging Scale for overall improvement.

RESULTS

Twenty-two subjects completed the clinical study and demonstrated statistically significant improvement by Day 60 in actinic keratosis, overall skin appearance, wrinkling, dyschromia, erythema, and texture (p < .05).

CONCLUSION

Topical ingenol mebutate 0.015% gel produces cosmetic improvement of photoaged skin within 60 days of application.
Developing an Addictions Nursing Competency Framework Within a Canadian Context
Authors: Ling Sara , Watson Alison , Gehrs Margaret
Published: August 2017

Clients with substance use disorders access care in all areas of the health care system, yet the Canadian nursing literature lacks content on the knowledge, skills, and judgment needed by nurses who work with this population. To address this literature gap, two Advanced Practice Nurses adapted the Canadian Centre on Substance Abuse’s Technical Competencies for Canada’s Substance Abuse Workforce to include nursing content and theory. This article describes the adaptation process and validation method used by the Advanced Practice Nurses at a large, Canadian urban teaching hospital and includes discussion about actual and potential opportunities for practical application of the adapted framework.
Perspectives on a Home Telehealth Care Management Program for Veterans With Posttraumatic Stress Disorder Who Smoke
Authors: Peterson Jamie , Battaglia Catherine , Fehling Kelty B. , Williams Katherine M. , Lambert-Kerzner Anne
Published: August 2017

Background:

Individuals with posttraumatic stress disorder (PTSD) have high rates of smoking and low quit rates. We conducted a qualitative evaluation of an integrated smoking cessation randomized controlled trial (RCT) that used home telehealth and motivational interviewing (MI) to change smoking behaviors among individuals with PTSD.

Method:

Using a convenience sample sourced from the original RCT, intervention and control group participants were invited to participate in a qualitative evaluation. Semistructured interview guides were used to assess the effectiveness of study components, make recommendations for future interventions, and identify facilitators/barriers to smoking cessation. We analyzed these data using an inductive and deductive, team-based content analysis approach.

Results:

We interviewed 32 study participants (intervention: n = 15, control: n = 17) who completed the original RCT within the previous 6 months. Respondents were highly satisfied with home telehealth and MI counseling. The intervention group respondents found MI counseling to be supportive, nonjudgmental, and informative. Control group respondents felt that they had received smoking cessation assistance. Respondents from both groups desired more information about PTSD and smoking, relied on smoking as a coping mechanism for PTSD, and believed that quitting was an individual choice.

Conclusion:

Respondents reported that home telehealth and MI were acceptable ways to provide smoking cessation assistance to individuals with PTSD. The support and increased awareness of smoking behaviors were perceived as helpful. Future investigations should focus on increasing support and information about stress management, smoking, PTSD, and the relationship between them for individuals with PTSD who smoke.
Influence of Ankle Active Dorsiflexion Movement Guided by Inspiration on the Venous Return From the Lower Limbs: A Prospective Study
Authors: Pi Hongying , Ku Hong’an , Zhao Ting , Wang Jie , Fu Yicheng
Published: August 2017

Background:

Active ankle movement is recommended intervention for preventing deep vein thrombosis effectively and easily by promoting venous return from the lower limbs. The active ankle dorsiflexion and plantar flexion movement guided by deep breathing is considered the most effective method, although outstanding problems remain, including low patient compliance and difficult motion essentials.

Purpose:

The aims of this study were to compare the influence of different ankle active movements on venous return from the lower limbs and to suggest the optimal movement for preventing deep venous thrombosis in the lower limbs.

Methods:

A self-controlled study on 130 subjects was undertaken. The femoral venous hemodynamics of the left femoral vein and changes in pulse oxygen saturation and heart rate were compared among the three states of quiescent, active ankle 30° dorsiflexion movement, and active ankle 30° dorsiflexion with active plantar 45° flexion movement. The immediate master rates of the two ankle movements were examined before the study.

Results:

The femoral venous hemodynamics of the left femoral vein were significantly higher in both movement states compared with the quiescent state. Moreover, no significant difference was found among the three states in terms of pulse oxygen saturation and heart rate. The immediate master rate was significantly higher in the active ankle 30° dorsiflexion movement than in the active ankle 30° dorsiflexion and active plantar 45° flexion movement. Therefore, active ankle 30° dorsiflexion movement guided by inspiration was found in this study to increase femoral venous hemodynamics, which heightened the immediate master rate but had no obvious influence on pulse oxygen saturation and heart rate.

Conclusions:

Active ankle 30° dorsiflexion movement guided by inspiration effectively promotes venous return from the lower limbs and is a better method to prevent deep vein thrombosis of the lower limbs.
Faecal microbiota transplantation: establishment of a clinical application framework
Authors: Jørgensen Simon M.D. , Hansen Mette M. , Erikstrup Christian , Dahlerup Jens F. , Hvas Christian L.
Published: August 2017

Background

Faecal microbiota transplantation (FMT) is currently being established as a second-line treatment for recurrent Clostridium difficile infection. FMT is further being considered for other infectious and inflammatory conditions. Safe and reproducible methods for donor screening, laboratory processing and clinical application of FMT are warranted.

Methods

Here, we describe the development of a complete clinical application framework for FMT. The framework has been developed to comply with the European Tissue Act, thus considering donor faeces for FMT comparable to a human tissue and not a drug.

Results

Recruitment and screening of potential faeces donors took place in the public blood donor setting and consisted of questionnaires, blood sampling and faecal sample analysis. Once approved, and following their written informed consent, eligible donors were invited for voluntary faecal donation. Laboratory processing protocols describe the initial handling, cryopreservation and thawing for clinical application. The clinical FMT procedures took place in a gastroenterological setting using a nasojejunal tube or colonoscopy, and follow-ups were performed at 1, 8 and 26 weeks after FMT. Complete traceability of essential equipment, faecal samples and donor–recipient matching data will be maintained and secured for 30 years.

Conclusion

A clinical FMT service should be consolidated by a complete documentation system that complies with the European Tissue Act. In this paper, we provide a description of such a framework.