bluuebunny/crossref_metadata_2025 huggingface dataset:
5. Questioning
Authors: Campbell Liz , Ashworth Andrew , Redmayne Mike
Published: August 2019

This chapter examines the questioning stage of the criminal process, looking at the role and powers of the police. It covers the context of questioning and interviewing of suspects, interviewing victims, and confessions in court. It argues that confessions remain a suspect type of evidence despite the fact that the police questioning process is well regulated. Police detention will always be stressful, and innocent suspects will always have some incentives for confessing. This is why there is a case to be made for the corroboration of confessions. It is also crucial that the gains made since the Police and Criminal Evidence Act 1984 (PACE) are not undermined by government initiatives to cut costs by reducing the amount and quality of legal advice available to suspects.
10. Plea
Authors: Campbell Liz , Ashworth Andrew , Redmayne Mike
Published: August 2019

This chapter examines the law and practice on plea negotiation. After looking at the percentage of defendants who plead guilty, it then considers some of the principal reasons for changes of plea, looking at charge bargains (where the defendant agrees to plead guilty in exchange for the prosecution reducing the level of the charge or the number of charges); at fact bargains (where the defendant agrees to plead guilty only on the basis that the prosecution will put forward a particular version of the facts); and at plea negotiation (where the change of plea is motivated by considerations of sentence). The tendencies evident in the English system are then evaluated in the light of defendants’ rights and the supposed advantages to the public.
3. The Requirements of an Express Trust
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter elaborates on the requirements of an express trust, which include certainty of intention, subject matter, and objects — referred to collectively as ‘the three certainties’. A trust requires that it be clear to which objects, whether people or purposes, the trustees can and cannot appoint the property. Also, there needs to be someone in whose favour the trustees, and in default, the court, can enforce the trust. This is known as the ‘beneficiary principle’. Certainty of subject matter is assessed objectively and problems may arise if the property is not clearly ascertained. Different tests are used to establish the certainty of objects: for a fixed trust, a complete list of beneficiaries is needed unless the trust is subject to a condition precedent. For discretionary trusts and fiduciary powers, it needs to be certain whether any given person is or is not within the scope of the class of objects.
5. Charitable Purpose Trusts
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the charitable trust — its definition and the consequences of its failure. A charitable trust is defined as a public trust for purposes that provide a benefit to the public or a section of the public and is a trust subject to supervision by the Charity Commission. A trust is only considered charitable if it is established for a purpose that the law regards as charitable. The purposes of the trust must be wholly and exclusively charitable otherwise the trust will be void. The consequences of the charitable trust failing depend on whether the failure occurs initially or subsequently. If the purpose fails initially and the settlor had a general charitable intention, the trust property can be applied for a similar charitable purpose through the application of a body of rules known as the cy-pres doctrine. If the purpose fails subsequently the cy-pres doctrine will apply automatically.
10. Beneficiaries
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the beneficiary of a trust, and how this beneficiary possesses a variety of equitable rights arising from the trust, the nature of which will depend on the type of trust that has been created. Beneficiaries enjoy certain rights but do not have a right to inspect trust documents; however, disclosure of such documents can be ordered through the exercise of judicial discretion. In the case of a fixed trust, beneficiaries possess proprietary rights in the trust property and also a variety of personal rights. On the other hand, objects of a discretionary trust do not have any proprietary rights to trust property but have a variety of personal rights. To terminate the trust, its adult beneficiaries can unanimously agree to terminate it, but only if between them they are absolutely entitled to the beneficial interest.
13. Dispositive Powers
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with a definition of the nature of dispositive powers and duties and how they relate to the distribution of trust property to beneficiaries or objects. They are sometimes referred to as ‘beneficial’ powers and duties. It is hard to draw the distinction between dispositive and administrative powers and duties, but it is a necessary distinction since different rules relate to administrative and dispositive powers and duties. Trustees may have various powers relating to the appointment of trust property to beneficiaries, and there are various consequences of a dispositive power not being exercised. These include liability for breach of trust and the court’s exercising the power instead. Sometimes the trustees may be authorized by the court to exercise the power late.
18. Proprietary Claims and Remedies
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses proprietary claims and remedies, which are based upon a claimant’s property rights. Proprietary claims require the claimant to have a right that can be identified in property in the defendant’s hands either through the process of following or that of tracing. Where a breach of trust or fiduciary duty has involved the transfer of property in which the beneficiary or principal has an equitable proprietary interest, the beneficiary or principal may wish to bring a claim to assert his or her proprietary interest in assets that are now in the hands of another person. Such claims are founded on the beneficiary’s equitable interest in the property, and so are properly characterized as proprietary claims. However, although the claim is founded on the beneficiary’s proprietary rights, the remedy awarded is not necessarily a proprietary one.
1. The Nature of English Law
Authors: Jones Lucy
Published: August 2019

This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament; common law; and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.
7. Vitiating Factors
Authors: Jones Lucy
Published: August 2019

A contract may meet the necessary formation requirements of offer and acceptance, consideration, and intention to create legal relations, but still not be binding because it lacks other necessary factors. These invalidating factors are sometimes referred to as ‘vitiating factors’. This chapter discusses statements that constitute actionable misrepresentations; the difference between fraudulent, negligent, and innocent misrepresentation; the remedies available for each type of misrepresentation; and the effect a misrepresentation will have on the validity of a contract. The chapter considers types of mistake and when a court will regard a mistake as an operative mistake rendering the contract void. It also considers how duress and undue influence may arise, the presumptions relating to undue influence, and whether the presence of duress and undue influence will make a contract voidable. Finally, the chapter considers types of contract that are illegal under statute and under common law.
10. The Law of Agency
Authors: Jones Lucy
Published: August 2019

This chapter begins by defining agency—the relationship which exists between the agent and the principal—and considers the legal relationships created between an agent, his principal, and a third party. It then discusses the different methods by which an agency relationship may be created. The chapter explains the extent of an agent’s authority, the power of an agent to bind his principal, and the rights and duties of an agent. The relationship between agent, principal, and third party is explored and the different rules relating to disclosed and undisclosed agencies. Finally, the termination of an agency relationship is considered and examples of different types of agencies highlighted.
17. Company Law II
Authors: Jones Lucy
Published: August 2019

This chapter discusses the rules relating to the officers of a company. It considers the meaning of ‘director’ and the position of the Board of Directors. It examines the appointment, retirement, and removal of directors and considers the powers of directors and their authority to act on behalf of the company. The chapter examines the general duties of directors, including the codified duties under the Companies Act 2006, and considers the effect of a breach of those duties. The appointment and the role of a company secretary and company auditors are examined. The chapter concludes with a discussion of the meaning of corporate governance.
19. Intellectual Property Law
Authors: Jones Lucy
Published: August 2019

This chapter considers the major intellectual property rights in the UK and the protection the law gives to these rights. It explains the meaning of copyright, patents, trade marks, and design rights, and considers the types of works that might be protected by them. It explains whether the rights need to be registered and if so the process of registration. It examines the time limits for the protection of the various rights and the remedies available for infringement of them. It also considers the protection the law gives to intellectual property via the tort of passing off. The chapter concludes with a discussion of the possibilities of protecting intellectual property rights outside the UK.
2. Contracts of employment (1): status, formation, continuity, and change
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2019

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.
8. Redundancy, reorganization, and transfers of undertakings
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2019

This chapter discusses issues concerning a company threatened by hard times or stiff competition, which may need to sell part of its operation, dismiss some employees, and change the terms and conditions of work for other employees. It tackles these situations together both for the practical benefit of grouping issues that arise from similar factual settings and for the analytical coherence of dealing together with protections designed to balance worker interests in job security with the general economic interest in lean, efficient, and flexible enterprise. ‘Redundancy’ is a statutory concept for these purposes, not a common-sense one, and so it is first necessary to devote some time to its statutory definition, which can still cause problems 40 years after the original statutory coverage. The discussion then focuses on distinctions in how tribunals assess the fairness of redundancy dismissals as opposed to other dismissals caused by reorganization. Finally, the chapter addresses the implications of the transfer of undertakings, governed by the Transfer of Undertakings (Protection of Employment) Regulations 2006.
10. Industrial action
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2019

This chapter considers the law relating to strikes and other industrial action including the important changes made by the Trade Union Act 2016. It deals with the historical development of common law and statute in this field to illuminate the current law. The relevance of the European Convention on Human Rights is considered. 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 of industrial action on individual employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal.
1. An Introduction to Bioethics
Authors: Jackson Emily
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which provides an introduction to bioethical reasoning, first explains the meaning of ‘medical ethics’ and the more recent term ‘bioethics’. It then considers how medical ethics has borrowed from different traditions in moral philosophy and varieties of ethical reasoning—from religious bioethics to a feminist ethic of care.
9. Genetic Information
Authors: Jackson Emily
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the regulation of access to genetic information. It first discusses various third parties’ interests in genetic test results and DNA profiles, and the extent to which genetic privacy is protected by the law. The chapter then considers the issue of whether genetic discrimination should be treated in the same way as other illegitimate discriminatory practices and also discusses recent developments in the field of genetics, namely direct-to-consumer genetic testing and pharmacogenetics.
11. The Regulation of Medicines
Authors: Jackson Emily
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate; providing students with a stand-alone resource. This chapter examines the regulation of medicines. It first explains what a medicine is and the need for it to have a marketing authorization before it can be put into circulation. It covers the importance not only of establishing safety and efficacy before licensing, but afterwards as well, through pharmacovigilance mechanisms. The chapter covers the increasing European harmonization of the rules covering the licensing and marketing of medicines, and briefly discusses the implications of Brexit. Finally, it looks at liability for defective medicines, and the strict liability regime under the Consumer Protection Act.
2. Personal property
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter is intended to provide an introduction to the concepts that underpin the law as it relates to property other than estates and interests in land. The issues in the chapter are complex and there remain numerous troublesome areas where the law is far from clear. The chapter begins by considering some basic principles and outlining the way in which English law categorizes property before moving on to consider how ownership is best thought of as a bundle of rights over something that the law recognizes as something which can be owned. Two of the three types of proprietary claim to personal property are discussed here—ownership and possession—followed by a discussion of the nature of legal ownership, including co-ownership, along with the difference between legal and equitable ownership.
9. Termination of agency
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter discusses the various methods by which the authority of an agent can be terminated according to the law of agency. Numerous such methods exist, but they can be loosely organized into two distinct categories: first, termination by an act of the parties; second, termination by operation of the law. An agent’s authority may be terminated by the act of one or both of the parties. It should be noted that, whilst the acts discussed in the chapter will usually terminate the agent’s actual authority, the facts of the case might lead the court to conclude that the agent still has apparent authority to act on behalf of the principal.
12. The transfer of title
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter considers the various circumstances in which a buyer may become the owner of the goods, notwithstanding that the seller is neither the owner of them, nor sold them with the owner’s consent. In the chapter, disputes concern not the seller but the owner of the goods and the buyer. The chapter presents a case that provides an example of the sort of problems which can arise in such disputes. A common theme in these types of cases is dishonesty, whereby the court will have to decide which of two innocent parties should suffer due to the dishonesty of another. This can arise in many different situations, such as where an innocent buyer buys goods from a seller who turns out to have stolen them or where a person obtains goods on hire purchase and dishonestly sells them before they have been paid for.
13. Perishing of goods
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter considers the effect on the parties’ contract of sale in the event that the goods perish. Before doing so, it considers briefly the position of non-existent goods. It might be considered sensible to think that where the seller sells specific goods, a condition would be implied that the goods existed at the time of the making of the contract and that the seller would be liable to the buyer if he sold goods that did not exist. The seller, after all, does warrant that he or she has the right to sell the goods and, where he or she sells the goods in the course of a business, also warrants that they are of satisfactory quality and fit for purpose. However, such a seller is generally not liable.
15. Statutory implied terms and statutory rights
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter discusses the common law rule of caveat emptor, which today has been largely eroded by the original Sale of Goods Act 1893 (SGA 1893) that introduced the statutory implied terms of quality and fitness for purpose. It is shown here that the principle of caveat emptor is still alive and well in relation to purely private sales because the terms implied by the Sale of Goods Act 1979 (SGA 1979) in relation to the quality and fitness for purpose of the goods only apply to sales made in the course of a business. Sale of goods contracts are still, therefore, governed by the principle of caveat emptor to some extent, although this is subject to other enactments. This chapter also discusses the Consumer Rights Act 2015 (CRA 2015) which came into force on 1 October 2015.
16. The remedies of the seller
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter considers the remedies available to a seller if the buyer fails to pay for the goods pursuant to a contract of sale. It should be noted at the outset that the term ‘seller’ also includes ‘any person who is in the position of a seller, such as an agent of the seller to whom a bill of lading has been indorsed, or a consignor or agent who has himself paid (or is directly responsible for) the price’. This is of particular assistance to an agent who, having paid the price to the seller with the intention of recovering the money from the buyer, will have the same protection afforded to unpaid sellers as if he or she were the seller directly.
21. Contracts of carriage of goods by sea
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter discusses situations wherein the shipper will only form a contract to book space on a ship. In such a case, the person requiring the goods to be carried, called the ‘shipper’, enters into a contract of carriage of the goods with the person having possession and control of the ship, the ‘carrier’. The carrier need not have title to an absolute interest in the ship; he or she may be a charterer having at most only possessory title, and the shipper may well pass his or her rights in the goods along with his or her rights against the carrier to a third party. Although the terms ‘shipper’ and ‘carrier’ are used here, the parties concerned would often be more accurately described as the ‘cargo interests’ and the ‘ship interests’.
23. Legal aspects of money and payment
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter discusses the ideas of payment obligation and the meaning of money, which are both central to commercial law since almost all commercial transactions involve an obligation to make a payment in money by one party or another. Its objectives are, first, to introduce the idea of money; second, to consider the legal nature of physical cash; third, to consider what is involved in the obligation of meeting a payment; and finally, to set out the basic nature of a bank account to enable consideration of the electronic payment mechanisms through funds transfers.
26. Forms of title-based financing
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter examines the ways in which goods and things in action can be dealt with to facilitate the financing of business. It begins with a brief survey of the financing mechanisms available to businesses and proceeds to discuss receivables financing, whereby a succession of debts owed to a business can either be sold outright or subjected to a security interest in favour of a financier, focusing specifically on outright sale. The chapter also discusses how the fact that title to an asset can be split between an ‘owner’ and a person with physical possession of it can be used to advantage in providing flexibility and tax advantages in financing the acquisition of capital items for use in a business.
6. Medical Confidentiality
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter discusses ethical and legal aspects of medical confidentiality. It covers the relationship between confidentiality and data protection law; the possible exceptions to the confidentiality rule; confidentiality and the legal process; confidentiality for the purposes of medical research; patient access to medical records; remedies for breach of confidentiality; and confidentiality and death.
13. Treatment of the Aged
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter discusses some of the ethical and legal issues associated with the very difficult practice of treating the elderly, grounding the discussion in the tension between autonomy and paternalism. It is emphasised that this complex and fragmented field is still undergoing significant regulatory changes as a result of the Care Act 2014, the Social Services and Well-being (Wales) Act 2014, and the Public Bodies (Joint Working) (Scotland) Act 2014. It also covers the elder incapax and dying from old age.
16. Medical Futility
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter begins with a discussion of the concept of medical futility. It examines cases dealing with selective non-treatment of the newborn and selective non-treatment in infancy. The chapter argues that while concepts such as ‘futility’ and ‘best interests’ have strong normative appeal, the search for objectivity in their application may itself be a futile exercise. The reality is that decision-makers are involved in a value-laden process, and this is no less true when the decision is taken in a court rather than at the patient’s bedside. The chapter then considers the issue of end of life, examining cases of patients in a permanent vegetative state and those in a minimally conscious state.
18. The Donation of Organs and Transplantation
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter discusses ethical and legal aspects of organ transplantation. After reviewing the technical criteria—or biological hurdles—associated with transplantation, and the two primary types of transplantation (i.e., homotransplantation and xenotransplantation), it explores the regulatory framework and types of donors in the living donor context, and the same for the cadaveric donor. It also looks briefly at neonates and foetal donors, donations for the aged, and reconstructive transplants.
1. Introduction to Property and Land
Authors: George Martin , Layard Antonia
Published: August 2019

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.
2. Tenure and Estates
Authors: George Martin , Layard Antonia
Published: August 2019

The doctrine of estates appears to be a logical consequence of tenure. The theory underpinning Land Law in England is that all land belongs to the Crown and that people held the land from the Crown, originally, in return for the performance of services. In this case, the tenants did not actually own the land itself, but only held an interest, or estate, in the land. Certain incidents of ownership can be divided between different people at different times, a process facilitated by the doctrine of estates. This chapter focuses on the doctrines of tenure and estates. It discusses freehold estates, which include the fee simple, the life estate, and the fee tail, as well as the co-existence of estates, ownership and possession of land, and leasehold estates.
3. Law, Equity, and Human Rights
Authors: George Martin , Layard Antonia
Published: August 2019

In addition to the concepts of tenure and estates, another fundamental aspect of England’s Land Law is the impact of equity. The intervention of equity was originally based upon the need to enforce obligations of conscience and to redress defects in the common law, and also gave rise to the trust. But while the trust might be equity’s greatest creation, the intervention of equity also addressed other areas of Land Law where the common law position was considered to be defective or oppressive. A notable example is the law of mortgages. Aside from modifying the common law, equity also recognized other rights that did not result in the beneficial entitlement to the land. This chapter discusses the historical basis of equity in England, the creation of equitable rights, the enforceability of equitable and legal rights, and human rights.
6. Adverse Possession
Authors: George Martin , Layard Antonia
Published: August 2019

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.
12. Easements
Authors: George Martin , Layard Antonia
Published: August 2019

An easement is a form of third party right that allows one to enjoy the benefits of land ownership. Some examples of such rights are rights of way, rights of light, the right to use a washing line on a neighbour’s land, the right to use a neighbour’s lavatory, and the right to park a car on another person’s land. The easement must exist for the benefit of land and cannot exist in gross. The rule that an easement cannot exist in gross has been a controversial subject. This chapter, which explores the nature of easements and considers their related concepts such as natural rights, public rights, restrictive covenants, and licences, also discusses legal and equitable easements, the creation of easements, and proposals for reform of the law on easements.
3. The law of treaties
Authors: Henriksen Anders
Published: August 2019

This chapter examines the principles and rules of the international law of treaties as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT). It discusses the treaty as a legal concept and provides an overview of the regulation of who can conclude treaties, how consent to be bound by a treaty is expressed, the rules on entry into force, treaty reservations, the interpretation of treaties, amendments and modifications, the invalidity of treaties, and the termination of and withdrawal from treaties. The VCLT is meant to be applied to all types of written treaties and it therefore governs treaties as diverse as a bilateral agreement to construct infrastructure as well as a multilateral document such as the UN Charter. In practice, however, the concrete application of the Convention may differ depending on the type of treaties.
4. The actors in the international legal system
Authors: Henriksen Anders
Published: August 2019

International society is first and foremost a society of individual sovereign states. However, states are by no means the only relevant actors in international law. In fact, one of the consequences of the post-1945 expansion of international law into areas that had traditionally been of limited international interest has been the increasing legal importance of a variety of non-state actors, most notably international organizations and individuals. This chapter introduces the various actors in the international legal system that possess rights, powers and obligations in international law. It provides a thorough presentation of statehood and the criteria for the creation of new states, and briefly discusses the (limited) legal significance of recognition. It discusses the modes by which a state can acquire title to new territory; the issues of state succession and state extinction; and the legal personality of territorial entities other than states, international organizations, individuals and additional actors in the international legal system.
12. The peaceful settlement of disputes
Authors: Henriksen Anders
Published: August 2019

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.
13. The international regulation of the use of force
Authors: Henriksen Anders
Published: August 2019

This chapter discusses the regulation of when and for what purpose a state may use force against another state—jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and, under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.
15. International criminal law
Authors: Henriksen Anders
Published: August 2019

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their acts, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.
1. Introduction
Authors: Arvind TT
Published: August 2019

This introduction provides an overview of contracts and the law of contract. It first explains what the law of contract is about and why it matters before discussing the tasks of contract law. It then considers the role of debates in contract law, unity and diversity in contract law, and central issues in contract law. It also examines the main perspectives about contract that have influenced English law, including perspectives that used to be historically important. In particular, it explores the notions of bargains and the will. The chapter goes on to address two very different understandings of contracts: one that sees it primarily as a bundle of rights, and one that sees it as a relationship between the parties.
2. Bargaining and agreeing
Authors: Arvind TT
Published: August 2019

This chapter focuses on agreement between parties as a requirement in the formation of a contract. Agreement is said to be reached when one party (the ‘offeree’) makes an offer to another proposing certain terms by which he intends to be bound, which that other party accepts as made. An agreement will only be taken to have been reached if the acceptance perfectly mirrors the offer. This chapter first examines the relatively straightforward situation of a seller and buyer bargaining over a prospective sale. It explains the distinction between an offer, an invitation to treat, and a counter-offer, as well as the importance of communicating acceptance and applicability of the postal rule to modern forms of communication. It also considers how the principles of offer and acceptance translate to other forms of contracting. The chapter covers the most influential and important cases in the subject area.
5. Non-contractual promises
Authors: Arvind TT
Published: August 2019

This chapter considers how promissory and proprietary estoppel intersects with the law of contract. Where an agreement is unenforceable at contract law because some legal prerequisite or formality has not been met, that role is played by the law of estoppel. The law of estoppel works by deeming a party to be legally prevented (‘estopped’) from going back on something she has in the past asserted, promised, or accepted. The effect of estoppel is to hold the person to that past assertion or promise, by preventing her from resiling from it. This chapter first examines the context of promissory estoppel before discussing its requirements and its effect, such as suspending rights and extinguishing debts. It then explains the requirements of proprietary estoppel, namely: there must be a promise or encouragement; the promise or encouragement must induce reasonable reliance; reliance must be detrimental; and unconscionability.
9. Flexible terms
Authors: Arvind TT
Published: August 2019

This chapter considers how parties try to build flexibility into their contracts, along with the legal hurdles they face. A contract, or contractual clause, is vague if the words the parties have chosen give no real way of deciding what the parties are required to do and whether they have done it. A contract is incomplete if it fails to deal with a matter which is so fundamental that the transaction cannot be performed without agreement being reached on it. The effect of vagueness and incompleteness is to render the clause or contract void in law. Vagueness and incompleteness are often said to be closely related to the requirement of certainty in contracting, which crops up in a number of different areas of contract law. This chapter first discusses certainty and the complex transaction, along with vagueness and open-ended clauses, before turning to incompleteness and agreements to agree.
11. Untrue statements
Authors: Arvind TT
Published: August 2019

This chapter examines how English law deals with the problem of untrue statements through the doctrines of misrepresentation and unilateral mistake. It begins with an overview of contractual transactions involving at least some measure of information asymmetry and proceeds by considering the basic principles of the law of misrepresentation. It then considers the three elements of false statements: the absence of general duties to disclose relevant facts, an objective approach to construing ambiguous statements, and a distinction between statements of fact and statements of opinion. It also discusses the remedies available to the representee in the case of misrepresentation, along with two types of unilateral mistakes recognized in law: unilateral mistakes as to identity and unilateral mistakes as to terms. The chapter concludes with an analysis of misleading selling practices and statutory remedies which are available to victims of misleading selling practices under the law of unfair commercial practices.
4. Special duty problems: omissions and acts of third parties
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

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 2019

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. The discussions cover the general exclusionary rule; the current state of the law; the background to D v East Berkshire [2005]; rules for claims brought against the emergency services (including the police) and armed forces; other types of public body; and new types of claims: education-based claims and ‘social’ claims.
9. Causation and remoteness of damage
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses the final ‘hurdle’ for the claimant to overcome in the tort of negligence—causation. The claimant must prove that their injuries were caused by the defendant’s actions in both fact and law. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the negligence). It is the type of harm that must be foreseeable, not its extent. The last part of the test is to ask whether any intervening acts (acts that occurred after the defendant’s breach) broke the chain of causation. If so, the defendant will not be liable.
12. Product liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses the ways in which liability for defective products is regulated in tort law and which is primarily regulated by statute. The chapter considers manufacturers’ liability in negligence and the problems claimants may encounter when trying to sue. This leads to a later development relating to product liability—the Consumer Protection Act (CPA) 1987—enacted to ensure better protection of consumers from defective goods by making producers strictly liable for harms caused by the products they market. However, a claimant may still claim in negligence due to the statutory limitations in relation to certain types of claim.
15. Intentional interferences with the person
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter examines intentional interferences with the person, including the torts comprising trespass to the person—battery, assault and false imprisonment—the tort in Wilkinson v Downton [1897], and the statutory tort of harassment. The trespass to the person torts seek to protect an individual against an infringement of their personal or bodily integrity, that is, against the infliction, or fearing the infliction, of unlawful force (battery and assault) and the unlawful restriction of a person’s freedom of movement (false imprisonment). The three trespass to the person torts have the same characteristics: the defendant must have intended both the conduct itself and consequences of their action; the defendant’s action must cause direct and immediate harm; and they are actionable per se, that is, without proof of loss. The chapter also considers the tort in Wilkinson v Downton, which provides a remedy for physical and psychiatric harm deliberately caused by a false statement, and the Protection from Harassment Act 1997, which imposes both civil and criminal liability for harassing conduct.
21. Damages for death and personal injuries
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter examines various issues in relation to damages in tort, beginning by looking at the principles that lie behind damages awards. The primary object of the law is to compensate those who have been harmed by another’s wrongdoing by making an award that seeks to put the claimant into the position that they would have been in had the harm not occurred. The chapter discusses the calculation and forms of damage payments, and special and general damages; independent, joint and several concurrent liabilities; time limitations on claims; the problem with damages; and debunking the compensation culture myth.
3. Special duty problems: omissions and acts of third parties
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses the problem of when a duty of care arises in respect of negligent omissions, or for the actions of a third party. The common law takes the view that it would be too great a burden to impose liability upon a person for a mere omission, or for the actions of others. Despite this, duties can in fact be imposed in various ways, all of which focus on the reliance of the claimant upon the defendant. This can come about either by the previous conduct of the defendant, which induces reliance by the claimant that the defendant will continue to act in that way, or by reliance which comes out of a relationship of dependence between the parties. As regards third parties, a duty may arise where the defendant has control over or responsibility for the third party’s actions.
6. Special duty problems: economic loss
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter deals with negligence that causes only economic loss. The basic rule is that a person may sue for economic loss which is consequent on physical loss which that person has suffered, but may not if they have only suffered economic loss by itself. There may be exceptions to this rule where there is sufficient proximity between the parties, and one element in this may be reliance by the one on the other. Though there is a general rule that no liability can arise in respect of ‘pure’ economic losses, there is also a broader exception that can arise when such loss happens as a result of a statement being made (rather than an act done), developed from the famous case of Hedley Byrne v Heller.