bluuebunny/crossref_metadata_2025 huggingface dataset:
1. The basis of criminal liability
Authors: Herring Jonathan
Published: September 2022

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses what criminal liability is and is not about; the meaning of burden of proof; and the reform of criminal law. The study of criminal law is the study of liability. It is not about whether a person can be charged with a crime, or what sentence he may face if convicted, but rather it deals with whether a person is innocent or guilty of an offence (ie whether or not he can be convicted). The burden of proof means the requirement on a party to adduce sufficient evidence to persuade the fact-finder (the magistrates or the jury), to a standard set by law, that a particular fact is true.
13. Other property offences
Authors: Herring Jonathan
Published: September 2022

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines six offences: criminal damage, robbery, burglary, handling stolen goods, making off without payment, and squatting. What the offences share is that they relate in some way to property. Although rarely examined on their own, these topics are often assessed as part of bigger questions, sometimes incorporating other offences (eg theft, assault) and sometimes involving aspects of the general defences too.
3. Negligence II: Breach of Duty
Authors: Dyer Dr Karen , Balan Dr Anil
Published: September 2022

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses negligence in terms of breach of duty. To answer questions on this topic, students need to understand the following: the concept of duty of care in negligence; the objective standard of care: the ‘reasonable person’ and factors relevant to the standard of care; variations of the objective standard: children, emergency situations, sporting events, and skilled persons ‘professing to have a special skill’; and res ipsa loquitur.
EU Law Concentrate
Authors: Homewood Matthew , Smith Clare
Published: September 2022

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law assessment, what assessors are looking for, and how to achieve extra marks. EU Law Concentrate provides essential information on all aspects of EU law, starting with the origins, institutions, and sources of law in the EU. It then moves on to consider supremacy, direct and indirect effect, and state liability. Chapter 4 looks at direct actions in the Court of Justice of the European Union. Articles 258–260, 263, 265, 277, and 340 are examined in detail. The next few chapters describe the free movement of goods, persons, and the freedom of establishment and freedom to provide (and receive) services. The book ends with a consideration of EU competition law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
2. EU law in national courts
Authors: Homewood Matthew J. , Smith Clare
Published: September 2022

This chapter discusses the key concepts within the EU legal order: supremacy, direct effect, indirect effect, and state liability. The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions of national law. If a provision of EU law is directly effective, it gives rise to rights upon which individuals can rely directly in the national court. If an EU measure is not directly effective, a claimant may be able to rely on it through the application of indirect effect, which requires national law to be interpreted in accordance with relevant EU law. State liability gives rise to a right to damages where an individual has suffered loss because a Member State has failed to implement a directive or has committed other breaches of EU law.
5. Free movement of goods
Authors: Homewood Matthew J. , Smith Clare
Published: September 2022

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 TFEU prohibits customs duties and charges having equivalent effect; Article 34 TFEU prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 TFEU prohibits discriminatory national taxation.
3. Registered land
Authors: Sayles Victoria
Published: September 2022

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses registered land. Registered land is land where title has been registered at the Land Registry. The objective behind registered land is to create a register which accurately reflects the state of registered property, both in terms of its current owner and any third party proprietary interests affecting it. Once registered, subsequent disposals of the freehold, or leasehold of more than seven years in duration, must be completed by registration to confer legal title (s 27 Land Registration Act 2002 (LRA 2002)). When registering title to land, the specific class of title registered will reflect the strength of that title; with the strongest and most common class registered being absolute title. In principle, third party proprietary interests will only affect a purchaser of registered land where they have been entered on the register, typically as a notice but sometimes (where a beneficial interest under a trust) as a restriction.
7. Covenants in leases
Authors: Sayles Victoria
Published: September 2022

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses leasehold covenants. Leasehold covenants are promises made between a landlord and his tenant, regulating the relationship between them and the way in which a leasehold estate is enjoyed. The covenants may be either express or implied. The nature and extent of liability imposed by express covenants will be a matter of negotiation between the parties. Implied covenants, which can occasionally be expressly excluded from the lease (where it is allowed), may impose burdens on either the landlord or the tenant. Covenants, whether express or implied, may be either positive (e.g. to repair) or negative (e.g. prohibiting change of use to the property). Covenants may be enforceable against successor owners of both the leasehold and reversionary interests.
8. Legal Parenthood and Parental Responsibility
Authors: Horsey Kirsty
Published: September 2022

While it might often seem obvious who the parents of a child are, the rules that govern legal parenthood can sometimes be quite complex. Following natural conception there are longstanding rules and presumptions that determine one’s legal parenthood. However, complexities come in some instances where children are born using assisted reproductive techniques or surrogacy (especially when using donor sperm or eggs), as then gestation and birth, genetic parenthood, and social parenthood may be fragmented. Different from legal parenthood, the concept of parental responsibility is also important, as this relates not to who the parents are, but what ‘rights, duties, powers and authority’ are held by adults in respect of particular children. Parental responsibility may be held by people who are neither the legal parents, nor are biologically related to the child, and it can be held by more than two people, each of whom can exercise it independently of the other(s).
Commercial Law
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

Commercial Law offers a fresh, modern, and stimulating account of the subject, thereby helping students better understand this important area of law. It provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security. A range of learning features is employed throughout the book to encourage understanding of the law, and to demonstrate how the principles behind it play out in practical domestic and international commercial transactions. Practical, fictional case studies are referred to in example boxes throughout the book, demonstrating the types of legal issues and problems that the law is intended to regulate, and helping students to understand the context and practical application of the law. The book includes: regular case boxes throughout the text to highlight cases of importance, providing a succinct account of the material facts of the case, a clear account of the court’s decision and reasoning, and, where appropriate, commentary on the decision; key legislation boxes to help students understand which statutory provisions are of fundamental importance; and definitions of key terms, which appear in the margins the first time the term is used, thus ensuring that students are not confused by the terminology of the subject.
2. Personal property
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

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.
7. Relations between principal and third party
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

This chapter examines the relationship that exists between principal and third party, focusing in particular on the liability that exists between principal and third party, and those instances when they can sue, and be sued by, the other. Liability principally arises in contract and tort, and so these two areas of liability will be discussed, beginning with the contractual liability of the principal and third party. The contractual relationship between the principal and third party, and the extent to which one party can be liable to the other, can be complex and depends upon a number of variables, notably whether the principal is disclosed or undisclosed. In a typical agency relationship an agent will effect a contract between his principal and a third party, after which the agent will ‘drop out’ of the transaction.
13. Perishing of goods
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

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.
23. Legal aspects of money and payment
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

This chapter discusses the idea of a payment obligation and the meaning of money, which are both central to commercial law.. Its objectives are, firstly to introduce the idea of money, the legal nature of physical cash, what it means to have money in the bank and whether crypto-currencies can be regarded as money. It then considers what is involved in the obligation of meeting a payment; and the basic nature of a bank account before dealing with electronic payment mechanisms through funds transfers with particular reference to BACs and Chaps including bank settlement procedures.
1. Relevance and admissibility of evidence
Authors: Munday Roderick
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The law of evidence regulates what evidence may be admitted at trial and under what conditions such admissible proofs are to be admitted. This chapter discusses the following: the respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy—notably, intercepted communications under the Investigatory Powers Act 2016.
4. The course of the trial
Authors: Munday Roderick
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.
11. Confessions
Authors: Munday Roderick
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: what constitutes a ‘confession’ under the Police and Criminal Evidence Act 1984 (PACE), s 82(1); when an accused’s silence may amount to an admission at common law, whether a denial can ever amount to a ‘confession’; the conditions of admissibility of confessions under PACE; confessions made by mentally handicapped persons (PACE, s 77); the admissibility of evidence discovered in consequence of an inadmissible confession; using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way; the status of ‘mixed statements’; whether one accused’s admission can ever provide evidence against a co-accused; an accused’s right to use a co-accused’s confession (PACE, s 76A); the admissibility of confessions by third parties.
22. Corporate rescue
Authors: Roach Lee
Published: September 2022

This chapter examines the rationale behind the rescue culture and the three principal rescue mechanisms: administration, the company voluntary arrangement, and the moratorium. The UK has sought to adopt a rescue culture, under which the law offers struggling companies access to several rescue mechanisms. The principal rescue mechanism is administration, under which an administrator is appointed to try and fulfil the purpose of administration. An administrator can be appointed by the court, the holder of a qualifying floating charge, or the company or its directors. A moratorium is imposed once a company enters administration, which prevents certain actions from proceeding. Meanwhile, a company voluntary arrangement is a rescue procedure that allows a company to enter into a binding agreement with its creditors. A company voluntary arrangement begins with a proposal being made, and that proposal must then be approved by the company and creditors. A new, free-standing moratorium was introduced in 2020.
Insider dealing and market abuse
Authors: Roach Lee
Published: September 2022

Part V of this text looked at the rules relating to corporate finance and transparency. An important justification for corporate disclosure is the need to ensure that sufficient information is publicly available, so that a company’s securities can be accurately priced. Certain persons may seek to benefit from non-publicly available information to benefit themselves or engage in conduct designed to manipulate a company’s share price. This additional online chapter discusses the law’s response to this issue by discussing the offence of insider dealing, the market abuse regime, and the offences relating to financial services.
6. Non-existence and perishing of goods
Authors: Baskind Eric
Published: September 2022

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the effect of the contract of sale of goods in the event that the goods never existed or, if they did exist at one time, are no longer in existence. It first looks at the contract for the sale of specific goods which, without the knowledge of the seller, have perished at the time when the contract is made and then considers an agreement to sell specific goods which, without any fault on the part of either party, subsequently perish before the risk passes to the buyer. The chapter also explains the frustration of a contract for the sale of unascertained goods under s 7 of the Sale of Goods Act 1979 and the question of monies owing or to be repaid under the Law Reform (Frustrated Contracts) Act 1943.
13. The relationships created by agency: the rights and liabilities of the parties
Authors: Baskind Eric
Published: September 2022

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the relationships created by agency, namely, the rights and liabilities of the agent, the principal, and the third party. It first explains disclosed agency as opposed to undisclosed agency with regard to the contract made by the agent, and then, after discussing the rights and liabilities of the principal and the third party, considers the rights of the agent against their principal, including remuneration, indemnity, and lien. The chapter examines the agent’s two kinds of duty to their principal (contractual duty and fiduciary duty) and discusses remedies for breach of fiduciary duty and how an agency may be terminated as well as the effects of termination. It concludes by highlighting the provisions of the Commercial Agents (Council Directive) Regulations 1993.
2. Nature and Enforcement of Human Rights and Civil Liberties
Authors: Foster Dr Steve
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers the nature and enforcement of human rights, including their values and inherent restrictions and their protection at both domestic and international levels.
8. Prisoners’ Rights
Authors: Foster Dr Steve
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers prisoners’ rights, including their protection in domestic law and under the ECHR, and their application to matters such as the right to life, freedom from inhuman and degrading treatment, and the democratic rights of prisoners.
1. Exam Skills for Success in Family Law
Authors: Gaffney-Rhys Ruth
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. The aim of Concentrate Q&A Family Law 2022 is to show candidates how to display their learning. This chapter starts with tips for writing essays and answering problem questions, which are followed by four lists of exam hints. Where relevant, the assumption is that the exam is to be set internally. The first list consists of preparation advice, whilst the second and third cover the exam itself. Some of the points made in these lists are obviously applicable to any exam, law or otherwise. Even third-year students may gain from these lists, if only by way of a refresher course. The fourth list is exclusively concerned with family law exams (and assignments).
10. International Relocation and Child Abduction
Authors: Gaffney-Rhys Ruth
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, ie how the English courts have dealt with applications to relocate out of the jurisdiction (eg Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and The European Convention 1980, but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention.
13. Skills for Success in Coursework Assessments
Authors: Gaffney-Rhys Ruth
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter builds upon the guidance provided in chapter one regarding the completion of coursework or assignment questions. It sets out the expectations lecturers will have in relation to coursework submissions and provides advice on: planning and how to research assignment tasks; how to evaluate and critically analyse the law; how to adhere to the word count; how to reference; how to proofread; and the practicalities of submission. It then contains a sample coursework answer.
5. Criminal Conduct: Actus Reus, Causation, and Permissions
Authors: Horder Jeremy
Published: September 2022

This chapter focuses on the ‘general part’ of the criminal law—the rules and principles of the criminal law whose importance and application can be analysed and debated without necessarily referring to a specific crime. It first examines the limits of the notion of involuntary conduct. It then looks at various challenges to the ‘voluntary act’ requirement—where is the act if the law criminalizes the occurrence of a state of affairs, or mere possession? Next, it considers how the voluntary act requirement relates to crimes of omission. This is followed by discussions of causation and the circumstances in which conduct may be recognized as justifiable.
6. Criminal Capacity, Mens Rea, and Fault
Authors: Horder Jeremy
Published: September 2022

This chapter deals first with another fundamental requirement of a crime: criminal capacity. It is a precondition of criminal liability that the defendant is a person with sufficient capacity to be held responsible. This leads to an examination of infancy and insanity as barriers to criminal responsibility, and then to a consideration of special factors affecting corporate criminal liability. Second, this chapter considers fault requirements as an element of criminal offences. It explores some of the reasons for and against the criminal law requiring proof of fault in any form. It also considers principal varieties of fault requirement in the criminal law, such as intention and recklessness.
9. Non-Fatal Violations of the Person
Authors: Horder Jeremy
Published: September 2022

This chapter discusses two main forms of physical violation: the use of physical force, and sexual interference. The first part covers non-fatal physical offences (offences against the person), including the contested question of the limits of consent, and possible reforms of the law. There have been numerous recommendations for reform of this area of the law, including Law Commission proposals in the recent past. The second part is devoted to the law of sexual offences under the Sexual Offences Act 2003, focusing on the main offences and the definition of consent. It concludes with a review of the law’s successes and failures. Arguably, while the law’s basic definition of rape is much improved, the 2003 Act falls down in relation to many other problems that it was meant to solve.
12. Complicity
Authors: Horder Jeremy
Published: September 2022

This chapter examines the issue of complicity. ‘Complicity’ arises when two or more people agree to commit an offence which is then committed by one or more of them, or when a person plays a supporting role in the commission of an offence. The discussions cover the distinction between principals (those who commit the crime itself) and accessories (those who assist or encourage its commission). The discussion involves addressing complex questions about the conduct element in complicity, the fault element in complicity, joint ventures, and accessorial liability for different results. Also covered are derivative liability, the ‘missing link’, and special defences to complicity. Finally, some elements of complicity bearing on offences of public order are discussed, to show their relevance to civil liberties.
15. Public Order Offences
Authors: Horder Jeremy
Published: September 2022

This chapter considers offences of public order, in the light of the importance attached to freedom of public demonstration. The main focus is the Public Order Act 1986, and the offences defined therein. The offences are analysed in the context of individual rights to freedom of speech and freedom of association protected respectively by Articles 10 and 11 of the ECHR. The important distinction between prior and subsequent restraint on demonstration is also considered in this context. The old common law offence of public nuisance is also briefly considered, insofar as it may be applied in public order contexts.
5. Online ADR Options and ODR
Authors: Blake Susan , Browne Julie , Sime Stuart
Published: September 2022

This chapter examines online alternative dispute resolution (ADR) options and online dispute resolution (ODR) options. The use of information and communication technology (ICT) in relation to all forms of dispute resolution is a major area of current development. In saving time and money in resolving disputes, ICT has much to offer, especially in relation to lower-value cases, and this is seen in the growing use of online portals and software-based support for dispute resolution. Indeed, software is already used successfully to mimic some negotiation and mediation processes, and this is likely to develop further. ODR comprises systems designed to work online that do not necessarily fit within existing ADR definitions. International and cross-border ODR is now being developed, especially to support e-commerce and deal with lower-value disputes.
28. The Commercial Arbitration Process
Authors: Blake Susan , Browne Julie , Sime Stuart
Published: September 2022

This chapter details the procedures followed in commercial arbitrations involving parties who are all located within England and Wales. Arbitration is intended to be private and confidential, concepts that flow from the private agreement of the parties to refer the matter to arbitration rather than the courts. There are many arbitral institutions, which may have their own institutional rules for arbitration, and they may also administer arbitrations. The chapter then considers how the procedural rules in the Arbitration Act 1996 are subject to contrary agreement by the parties. If institutional rules are silent on a procedural matter, the default provisions in the Arbitration Act 1996 apply. The chapter also looks at the role of legal representatives in arbitration, before discussing ‘look-sniff’ arbitrations and short-form arbitrations.
2. Corporate Personality and Limited Liability
Authors: Worthington Sarah , Agnew Sinéad
Published: September 2022

This chapter discusses: the company as a separate legal person; the limited liability of members; the meaning and the processes of ‘piercing the corporate veil’; statutory piercing of the corporate veil; limits to the idea of a company as a ‘person’ and particular illustrations of a company’s separate personality.
4. Termination of the contract of employment
Authors: Russell Roseanne
Published: September 2022

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about termination of the contract of employment. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of termination of the employment contract including the different ways a contract may be terminated, the meaning of dismissal, the right to reasonable notice, and wrongful dismissal. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
14. Mixed topic questions
Authors: Russell Roseanne
Published: September 2022

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions which cover a mixture of topics. The questions require you to cover a range of material covered in your module. Through a mixture of problem questions and essays, students are guided through a combination of topics that may typically be examined together in an employment law question. Guidance is given on how best to approach mixed questions including the benefits of not viewing topics in isolation and how best to demonstrate the range and depth of knowledge required in a mixed topic question.
15. Sexual Orientation and Gender Identity
Authors: O’Flaherty Michael
Published: September 2022

This chapter examines the human rights protections afforded to sexual and gender minorities. It shows that the jurisprudence focuses on issues of non-discrimination and privacy, and that important human rights protections can also be derived from the range of other civil, political, economic, social, and cultural human rights of general application. The chapter examines a recent exercise in the clarification of the application of human rights law concerning issues of sexual orientation, gender identity, and sex characteristics: the Yogyakarta Principles.
16. Women’s Rights
Authors: Otto Dianne
Published: September 2022

This chapter examines women’s rights and new developments related to gender identity. It describes the treatment of women in international law prior to the adoption of the UN Charter, in order to highlight the significance of the subsequent shift to the promotion of women’s equality. It examines the non-discrimination approach favoured by the drafters of the founding human rights instruments, highlighting the importance of the approach as well as some of its limitations. The chapter goes on to examine the innovative approach taken in the Convention on the Elimination of All Forms of Discrimination Against Women, which promoted a strong version of women’s substantive equality. The strategy of ‘gender mainstreaming’, adopted in the 1990s, sought to reinterpret mainstream human rights to be inclusive of women’s experiences. The chapter concludes by highlighting some continuing obstacles presented by the law itself, which prevent women and other gender identities from successfully claiming and enjoying human rights.
23. Africa
Authors: Heyns Christof , Killander Magnus
Published: September 2022

This chapter examines the role of the African Union in the realization of human rights. It focuses on the principal human rights treaty adopted by the African Union—the African Charter on Human and Peoples’ Rights—and the main organs—the African Commission and the African Court on Human and Peoples’ Rights—that have been established to ensure its implementation. The chapter also considers the complementary African Peer Review Mechanism.
26. International Criminal Law
Authors: Cryer Robert
Published: September 2022

This chapter first discusses the overlaps between human rights and international criminal law, focusing on four international crimes: genocide, crimes against humanity, war crimes, and aggression. It then considers prosecutions and non-prosecutorial options, concluding with an analysis of the pros and cons of using international criminal law to protect human rights.
5. Promissory estoppel
Authors: Atkins Ruth
Published: September 2022

This chapter explores the doctrine of promissory estoppel and the case of Central London Property Trust Ltd v High Trees House Ltd. Denning J’s judgment in that case envisioned its application in the part payment of a debt situation to provide a means of preventing the promisor reneging on his or her promise not to seek the whole of the debt. It looks at English law’s restriction of promissory estoppel to preventing promisors going back on promises not to enforce rights, rather than creating new obligations. The considerable uncertainty surrounding the doctrine is explored (e.g. in relation to the extent to which it extinguishes rights, rather than merely suspending them, and what is required to trigger the estoppel (detrimental reliance on the promise or it being inequitable to go back on it)).
6. Intention to create legal relations
Authors: Atkins Ruth
Published: September 2022

This chapter considers the final element of the formation of the contract: the intention to create legal relations. There is generally no difficulty in finding this requirement is fulfilled in commercial cases, but such intention is generally assumed to be absent in domestic or social agreements. The parties’ intentions may usually reflect these assumptions, but the issue of underlying policy is addressed. In commercial situations, issues of ‘intention to create legal relations’ are more likely to arise in relation to a clause which it is claimed is intended to show that there was no such intention in relation to the particular agreement.
10. Exemption clauses and legislation
Authors: Atkins Ruth
Published: September 2022

This chapter deals with the statutory policing of exemption clauses under the Unfair Contract Terms Act 1977 (UCTA) and addresses the changes to the law made by the Consumer Rights Act 2015. It explains the structure of UCTA and how to use it. It considers the different types of situations in which exemption clauses fall within it, under different sections (e.g. s 2 negligence, s 3 written standard terms of business, s 6 and s 7 goods contracts), and the need to consider whether a section renders a clause automatically ineffective or subjects it to the requirement of reasonableness. It looks at the application of the requirement of reasonableness and factors which have been identified as significant, such as the potential for insurance, the availability of alternatives, and reasons for a level of limitation. It considers the meaning of the UCTA’s definition of ‘deals as consumer’.
11. Unfair terms in consumer contracts
Authors: Atkins Ruth
Published: September 2022

This chapter addresses the Directive on Unfair Terms in Consumer Contracts and its implementing legislation: the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Rights Act 2015. The legislation is of broad application to unfair terms in consumer contracts. The fairness test, with its reference to good faith, and significant imbalance in the rights and obligations of the parties, is considered. The ‘core exemption’, from the fairness test, of price terms and those dealing with the main subject matter of the contract is looked at. The tensions in the different approaches to ‘core exemption’ in the Court of Appeal and the Supreme Court in Abbey National, and the different emphases on freedom of contract, and protection of the weaker party, are highlighted.
19. The doctrine of frustration
Authors: Atkins Ruth
Published: September 2022

This chapter investigates the scope of the doctrine of frustration which was developed to deal with cases where events occur after a contract is made which render the agreement illegal, or impossible to perform, or which fundamentally change the nature of the obligations undertaken by the parties. The use and relevance of force majeure clauses particularly in light of Brexit and the Covid-19 pandemic is considered. The doctrine operates within strict limits and its use is restricted in cases where, although the commercial purpose of the contract has been drastically affected by unforeseen events, the performance of the contract is still possible. The position under the Law Reform (Frustrated Contracts) Act 1943 and under the common law is examined, collectively demonstrating how the doctrine currently operates.
21. Specific enforcement
Authors: Atkins Ruth
Published: September 2022

This chapter looks at specific performance and injunctions. Specific enforcement is only available in limited circumstances. The adequacy of damages as a remedy must be addressed. Its availability is limited by issues of supervision and its general undesirability in relation to contracts for personal services. Its nature as an equitable remedy means that the courts have discretion and consideration is given to such matters as hardship, behaviour of the claimant, adequacy of consideration, and mutuality. An injunction may, in effect, enforce the performance of the contract. It may be used to prevent a breach of a negative undertaking or to order the undoing of a breach which has already occurred. An injunction may provide the means of securing relief until the trial of the main action.
1. Introducing The Successful Law Student
Authors: Moore Imogen , Newbery-Jones Craig
Published: September 2022

This chapter provides an overview of the book’s main aims and themes, highlighting its aim to give students the best possible chance of success when studying law at university. The chapter indicates the main reader groups for the book, namely those applying for or accepting a place to study law at university, those about to start a law degree, those already studying law at university, and those thinking about whether to study law at university. The chapter explains the important features of the book, ‘I Wish I’d Known’, and ‘Inside Knowledge’ that provide advice directly from real law students from different universities and different backgrounds, and from law graduates and legal practitioners, all contributing their insight on a wide range of issues. This chapter also sets out the five sections of the book and provides guidance on key terms.
2. Studying Law at University: Opportunities and Considerations
Authors: Moore Imogen , Newbery-Jones Craig
Published: September 2022

This chapter is aimed primarily at readers who are considering whether to study law or are reviewing their plans, recognizing that not all prospective or current law students will have a fixed career goal. The chapter addresses questions such as what is law; what is studied on a law degree programme; where will law lead; is legal study right for the student? It also discusses the range of different law degree programmes and considerations in selecting a law programme, the foundations of legal knowledge subjects, course requirements, and studying law in the UK as an international student.
15. Career Pathways
Authors: Moore Imogen , Newbery-Jones Craig
Published: September 2022

This chapter discusses the many different career options open to law graduates in light of the skills and attributes cultivated by legal study. It discusses traditional legal pathways (solicitor, barrister, legal executive) and other career pathways both within the law and those that do not involve the law directly but welcome graduates with a law degree because of the skills they offer. The chapter also looks at the opportunities for, and merits of, further postgraduate study. The chapter highlights the breadth of possibilities open to the successful law student, and highlights things to consider when contemplating different career pathways and options.
Pearce & Stevens' Trusts and Equitable Obligations
Authors: Barr Warren , Picton John
Published: September 2022

Pearce & Stevens’ Trusts and Equitable Obligations provides a detailed and contextualized account of the law of equity and trusts. The text gives detailed analysis of all key decisions, statutes, and current academic debates related to the law of equity and trusts, providing a grounding in the subject. This new edition, which includes substantial additions on trusts of the family home, charities, and wills and intestate succession, brings the law coherently together. The text has been updated with recent cases and developments in the area, including Stoffel and Co v Grondona [2020] UKSC 42 on illegality, Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 on advisor liability, Webb v Webb [2020] UKPC 22 on beneficial ownership, and Matthew v Sedman [2021] 1 UKSC 19 on the running of time limits in limitation actions.
15. Family homes: Postscript
Authors: Barr Warren , Picton John
Published: September 2022

In this chapter, there is a recognition that the intervention of equity in the family home represents a pragmatic response to a real problem, but it is not a perfect solution. It considers some of a number of grounds of critique of the current approach, including attempts at legislative reform to provide a solution. It can be criticized on a number of grounds, quite apart from the issue as to whether it constitutes a usurpation of a legislative function. There is also a consideration of whether the approach we have now has moved away from traditional assertion of property principles to a sense of redistributive justice more familiar to family lawyers.
16. Clubs and societies
Authors: Barr Warren , Picton John
Published: September 2022

This chapter considers how clubs and societies can hold and manage property. Since some forms of club do not have a legal personality as such, there are real issues about how they can deal with property and whether this concerns everyday management, the receipt of gifts, or who is entitled to the club’s property if the club is dissolved. Trusts play a role in providing an explanation. The legal analysis of clubs also affects what happens should a club or society cease to exist. Clubs and societies can take a number of different legal forms: proprietary clubs, incorporated clubs and societies, members’ club, and societies that are not unincorporated associations.
26. Powers of appointment
Authors: Barr Warren , Picton John
Published: September 2022

This chapter focuses on the powers of appointment. Powers of appointment confer on a person who does not own property the authority to choose who shall become the owner. The key feature of a power of appointment is that it is discretionary in character. The donee of a power is under no enforceable obligation to make any appointments of the fund at all. Even if the donee were never to make any appointments at all, they would not be in breach of a duty owed either to the donor or to the potential objects of the power. The court will not step in to compel the exercise of the power, but it will exercise a supervisory jurisdiction to ensure that, if the donee does decide to exercise the power, they do so properly.
33. Need for control
Authors: Barr Warren , Picton John
Published: September 2022

This chapter studies mechanisms for controlling trustees or the donees of powers and holding them accountable for their actions. It shows that the prime responsibility for supervising the activities of the trustees falls to the beneficiaries, who are able to complain to the court if they believe the trustees have committed, or are about to commit, a breach of trust. If the beneficiaries are able to apply to the court before the alleged breach has taken place, they may obtain an injunction against the trustees to restrain them from committing the contemplated breach. Trustees are also subject to a number of duties which enable the beneficiaries to keep a better check on their activities by entitling them to obtain information which will inform them of the trustees’ actions and may enable the beneficiaries to detect breaches of trust. This chapter considers those duties.