bluuebunny/crossref_metadata_2025 huggingface dataset:
Music, patronage and reform in 16th-century Italy: new light on Cardinal Carlo Borromeo
Authors: Morucci Valerio
Published: September 2019

Music historians are certainly familiar with the figure of Cardinal Carlo Borromeo. Important research has illuminated his association with the composer Vincenzo Ruffo, his reform of female convents, and, more generally, his influence over the musical life of Milan, including local churches and confraternities; more recently, Borromeo’s relationship with the musician Tomás Luis de Victoria has been closely examined. However, our knowledge of his role as a promoter of the so-called ‘Counter-Reformation’ in music is fragmentary. In particular, a comprehensive investigation of Borromeo’s private correspondence is lacking. In order to fill this lacuna, this article uses newly discovered letters (housed in the Biblioteca Ambrosiana, Milan) to illuminate several interrelated aspects of Borromeo’s activity as a patron and reformer in the aftermath of the Council of Trent: firstly, his support for musicians and the much discussed issue of textual intelligibility, and secondly, the prohibition of musical instruments in church and his directives against public musical entertainments.
Human enhancement
Authors: Almeida Mara , Diogo Rui
Published: September 2019

Genetic engineering opens new possibilities for biomedical enhancement requiring ethical, societal and practical considerations to evaluate its implications for human biology, human evolution and our natural environment. In this Commentary, we consider human enhancement, and in particular, we explore genetic enhancement in an evolutionary context. In summarizing key open questions, we highlight the importance of acknowledging multiple effects (pleiotropy) and complex epigenetic interactions among genotype, phenotype and ecology, and the need to consider the unit of impact not only to the human body but also to human populations and their natural environment (systems biology). We also propose that a practicable distinction between ‘therapy’ and ‘enhancement’ may need to be drawn and effectively implemented in future regulations. Overall, we suggest that it is essential for ethical, philosophical and policy discussions on human enhancement to consider the empirical evidence provided by evolutionary biology, developmental biology and other disciplines.

Lay Summary: This Commentary explores genetic enhancement in an evolutionary context. We highlight the multiple effects associated with germline heritable genetic intervention, the need to consider the unit of impact to human populations and their natural environment, and propose that a practicable distinction between ‘therapy’ and ‘enhancement’ is needed.
Nativity, Neighborhoods, and Body Composition in the Sacramento Area Latino Study on Aging
Authors: Durazo Eva M , Haan Mary N , Dang Kristina , Aiello Allison E , Torres Jacqueline M
Published: September 2019

Background and Objectives

Globally, obesity influences the risk of many major chronic diseases. Our study examines the association between individual nativity and neighborhood level concentration of immigrants with 10-year changes in weight, body mass index (BMI), and waist circumference (WC) among older Latinos.

Research Design and Methods

The Sacramento Area Latino Study on Aging (SALSA) is a population-based prospective study of community-dwelling older adults of Mexican origin (baseline ages 58–101 years). The primary outcome was repeated measures of weight over a 10-year period for 1,628 respondents. Nativity was defined by participants’ reported place of birth (US-born or Latin American foreign born). Neighborhood immigrant concentration was measured as the percentage of foreign born at census tract level (2000 US Census). We used linear mixed models with repeated measures of weight, height, BMI, and WC as dependent variables (level 1), clustered within individuals (level 2) and neighborhood migrant concentration (level 3).

Results

Foreign born (FB) respondents had lower baseline weight than the US-born (mean, 160 vs. 171 lbs, p < .0001). Over time, weight differences between the FB and the US-born decreased by 1.7 lbs/5 years as US-born weight decreased more rapidly. We observed a significant interaction between individual nativity and neighborhood immigrant concentration (p = .012). We found similar patterns for BMI, but did not find statistically significant differences in WC trajectories.

Discussion and Implications

Our study observed significant differences by foreign born vs. US nativity in baseline weight/BMI and in their trajectories over time. Additionally, we found weight/BMI differences in neighborhood immigrant concentration for the FB, but not for the US-born.
Nomenclature Used by Family Caregivers to Describe and Characterize Neuropsychiatric Symptoms
Authors: Gilmore-Bykovskyi Andrea , Mullen Shannon , Block Laura , Jacobs Abigail , Werner Nicole E
Published: September 2019

Background and Objectives

Neuropsychiatric symptoms (NPS) are a core feature of Alzheimer’s disease and related dementias that are characterized by a fluctuating course. NPS are challenging to manage and contribute to high rates of burden among family caregivers. Successful information exchange between clinicians and family caregivers is critical for facilitating effective management of NPS. However, this communication is often challenging due to inconsistent terminology and classification of symptoms and limited understanding of how family caregivers recognize and describe symptoms. The objective of this study was to examine the language family caregivers’ use to describe and contextualize NPS.

Research Design and Methods

Descriptive qualitative study of 20 family caregivers in a mostly urban county in the Midwestern United States using semistructured interviews. Caregiver descriptions of NPS were analyzed using directed content and text analysis to examine terminology, followed by a thematic analysis approach to examine contextualization of NPS.

Results

Caregivers employed shared terminologies to describe NPS that differed substantially from clinical terminology used to classify symptoms. Caregivers frequently engaged sense-making as a strategy to explain NPS. This sense-making served to contextualize patterns in behavior and was characterized by explanatory, situational, and strategy-oriented frameworks for understanding behavior in terms of its purpose and meaning. Caregivers’ descriptions of NPS reflected broad overlap between individual NPS (i.e., agitation and care resistance) that would generally be considered clinically distinct symptoms.

Discussion and Implications

Nomenclature surrounding NPS may vary considerably between family caregivers and clinicians, and should be evaluated in partnership with people with dementia and their caregivers to ensure supportive interventions and resources are responsive to caregivers’ interpretation of symptoms and sense-making.
1. Exam Skills for Success in Tort Law
Authors: Dyer Dr Karen
Published: September 2019

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 ways to achieve a good grade for a law exam. The basis for a good grade in tort law is a detailed understanding of the law of tort and developing a systematic approach to using one's knowledge of law to answer examination questions. The preparations for success include attending all lectures and seminars/tutorials; reviewing previous exam papers; start revising early; and being aware of the date, time, and venue of the exam.
4. Negligence III: Causation and Remoteness of Damage
Authors: Dyer Dr Karen
Published: September 2019

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 causation and remoteness of damage. To answer questions on this topic, students need to understand the following: the concept of causation in negligence; causation in fact: the standard ‘but-for’ test; variations of the ‘but-for’ test: unknown causes, consecutive causes, and cumulative causes; causation in law: the test for ‘remoteness of damage’; the ‘eggshell-skull’ rule; and novus actus interveniens (new intervening acts): the act of the claimant, the act of third parties, and natural events.
9. Nuisance and Rylands v Fletcher
Authors: Dyer Dr Karen
Published: September 2019

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 considers the issue of nuisance, particularly the case of Rylands v Fletcher. In order to answer questions on this topic, students need to understand the following: private nuisance: who can sue in private nuisance? who can be sued? and categories of nuisance (i.e. noise, vibrations, smells, etc.); public nuisance; the rule in Rylands v Fletcher (1866) LR1 Exch 265; specific defences to claims of nuisance; and remedies available in nuisance.
2. Some Advice for the Novice Tort Lawyer
Authors: Deakin Simon , Adams Zoe
Published: September 2019

This chapter discusses issues that readers must bear in mind when encountering criticism of individual rules, decisions, and academic opinions in the remainder of the book. These are: how judicial mentality and outlook affects decision-making; academic interests and practitioners’ concerns; ivory tower neatness v. the untidiness of the real world; tort’s struggle to solve modern problems with old tools; need to reform tort law; whether liability rules are restricted because the damages rules have been left unreformed or because the relationship between liability and damages has been neglected; that tort law is, in practice, often inaccessible to the ordinary victim; and that human rights law is set to influence tort law, but this influence is likely to be gradual and indirect.
8. Liability of Public and Statutory Bodies
Authors: Deakin Simon , Adams Zoe
Published: September 2019

This chapter discusses the distinctive nature of the liability of the government, public authorities, and statutory bodies; the liability of statutory bodies in negligence; liability for breach of statutory duty; public law as a source of liability; public law as a source of immunity; Crown proceedings in tort; liability for breaches of EU law; and liabilities arising under the Human Rights Act 1998. The chapter explores in detail the question of whether public authorities, and the police in particular, are under a duty of care when undertaking and performing their operational duties, in light of the Supreme Court decision in Robinson v. Chief Constable of West Yorkshire. In turn, it teases out some of the broader implications of what is a rapidly evolving, and politically sensitive, aspect of the law.
12. Trespass to Land
Authors: Deakin Simon , Adams Zoe
Published: September 2019

This chapter discusses trespass to land and defences. Trespass can be committed in various ways, provided that the interference is direct and immediate. The boundary between trespass and other torts, particularly nuisance, is sometimes difficult to draw. Entry on to land is simply the most obvious example of trespass, but other examples include: placing things on land or inducing animals to enter. The Limitation Act 1623, section 5 provides that if the defendant pleads disclaimer of title to the land and if ‘the trespass was by negligence or involuntary’ and he makes a tender of sufficient amends, action against him shall be barred. The claimant’s consent is always a defence to an action in trespass, in the sense that it constitutes ‘leave and licence’.
18. Employer’s Liability
Authors: Deakin Simon , Adams Zoe
Published: September 2019

The liability of an employer to an employee has two aspects. There is liability to employees for harm suffered by them, and liability for harm caused by them in the course of their employment (vicarious liability, covered in chapter 19). Both represent forms of stricter liability. This chapter discusses the negligence law liability of employers, liabilities arising from statutory duties, and related aspects of social security law. It analyses the concept of the non-delegable duty in the employment context. It also discusses the implications for employer’s liability of reforms made to the law of breach of statutory duty in the Enterprise and Regulatory Reform Act 2013.
Contemporary Intellectual Property
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

Contemporary Intellectual Property: Law and Policy, fifth edition, offers a unique perspective on intellectual property (IP) law, unrivalled amongst IP textbooks. An accessible introduction to IP law, it provides not only a comprehensive account of the substantive law, but also discusses the overarching policies directing the legal decision-making, as well as areas for further debate. Intellectual property law is an increasingly global subject, and the book introduces the relevant European and international dimensions to present a realistic view of the law as it actually operates. It explores IP law as an organic discipline, evaluating the success with which it has responded to new challenges. Images and diagrams, with analysis of key cases and key extracts, are all incorporated alongside the author commentary to clearly illustrate the core principles in IP law. Exercise, questions, and discussion points are provided to help the reader to engage with the material, and additional material is provided in the Online Resources. Beyond providing an up-to-date account of IP law, the text examines the complex policies that inform modern IP law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to IP law and policy, and the reader is encouraged to engage critically with the text and the subject matter. The book has been carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable way.
6. Copyright 5: authors’ rights, and exploitation of copyright
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

This chapter begins by examining the rights granted exclusively to authors—moral rights and artist’s resale right. It discusses ‘moral rights’ first, that is, the right to be identified as the author of the protected work, and to have that work’s integrity respected by others, followed by the artist’s resale right. The rest of this chapter discusses fundamental rules and controls on exploitation and use of copyright. This includes dealings in copyright, such as assignment and licensing; specific features of copyright exploitation, for example collective licensing; and also contemporary issues related to the use of copyright works, for example the challenge of orphan works for users, and the application of technological protection measures by right owners to prevent unauthorised use of or access to protected works.
11. Patentability
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

This chapter explores the criteria that are applied by an intellectual property office in examining a patent application. These applies to all forms for innovation and are novelty, inventive step, and industrial applicability. The chapter also explores additional requirements and barriers which apply in relation to biotechnological inventions, which has proved to be a particularly controversial issue in Europe, and the patentability of computer software and related inventions, such as business method patents. The chapter demonstrates the evolution in legal and policy thinking in these two fields, which provide a means to an understanding of developments in patent law in general.
19. Free movement of goods and intellectual property rights
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

This chapter examines the European Union rules on the free movement of goods as they impact on intellectual property rights. It discusses the tensions arising between the aims of creating a common market and intellectual property, with particular reference to the Treaty provisions relevant to this area. The chapter examines the relevant case law with a focus on intra-EEA parallel imports, repackaging, legitimate interests in opposing the further circulation of goods within the European Community, international exhaustion of rights, and the relation between IP rights and free movement of services. The chapter concludes with discussion of recent developments in exhaustion of rights in the online environment.
5. Exemption Clauses and Unfair Terms
Authors: Devenney James
Published: September 2019

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter focuses on the regulation of exclusion/exemption clauses and other potentially unfair terms. It discusses both common law and statutory regulation (such as the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015).
9. Government and Accountability
Authors: Le Sueur Andrew , Sunkin Maurice , Murkens Jo Eric Khushal
Published: September 2019

This chapter examines the people and processes that comprise government in the UK. It considers the constitutional and legal status and role of the monarchy, ministers, civil servants, as well as holders of appointed public offices. It then turns to one of the central features of a good constitution, namely that it provides opportunities for those who exercise public power to be ‘held to account’ or ‘accountable’ for their decisions and conduct.
15. Case Study: Constitutionally Contested Legislation
Authors: Le Sueur Andrew , Sunkin Maurice , Murkens Jo Eric Khushal
Published: September 2019

This chapter looks at the circumstances surrounding two events. The first is the 2005 decision of the UK Parliament to set up a committee to examine whether the constitutional conventions governing the relationship between the House of Lords and the House of Commons should be codified. The second is the decision of the Commons (and the Labour government) to press ahead and present the Hunting Bill 2004 for royal assent despite the opposition of the Lords to the policy of a total ban on hunting wild animals with dogs; the Lords preferred a policy of licensed hunting.
Market Power, Market Definition, and Barriers to Entry
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

Market power is a central concept in EU competition law. This chapter considers what is meant by market power and how it is assessed in EU law using market definition and barriers to entry analysis. It discusses how markets are defined in EU law by looking at demand substitution, supply substitution, and potential competition. It explains that markets may have both a product and a geographic dimension. The chapter examines the Commission Notice on the definition of the relevant market, the decisional practice of the Commission, and the case law of the EU Courts on market definition, and it discusses what tests may be employed in the definition of markets, particularly the SSNIP test. The chapter then considers how the power of a firm on a market is affected by barriers to entry. It discusses the definition of a barrier to entry and considers barriers to entry such as sunk costs, structural barriers, and strategic barriers,
Horizontal Agreements—Cartels and Collusion
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter examines how EU competition law applies both to undertakings operating cartels and to undertakings that tacitly coordinate their behaviour on a market. It starts by looking at the difference between ‘explicit’ and ‘tacit’ collusion in the light of the theory of games and the ‘prisoners’ dilemma’. The chapter then deals with cartels and other agreements akin to cartels, or which may facilitate explicit or tacit collusion on a market. Next, it considers the problem of tacit collusion and whether, in particular, Articles 101 and 102 operate as effective mechanisms for dealing with the oligopoly problem. The chapter also considers other options that EU competition law might offer to deal with tacit collusion, either ex ante or ex post, such as the use of the concept of collective dominance and sector enquiries under Regulation 1/2003, art 17.
Vertical Agreements
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter, which discusses EU competition policy towards vertical agreements, begins by outlining the choices available to a supplier when deciding how best to market and sell its products or services to customers, and the impact that the competition rules may have on a supplier's choice, including the treatment of agency agreements. It then discusses the EU approach to vertical agreements, in the light of the Commission’s Verticals Guidelines of 2010, including exclusive dealing, single branding, franchising andselective distribution agreements, and the review of the 2010 regime. It considers the importance in EU law of parallel trade between Member States and how this has influenced policy towards vertical restraints. It analyses the application of Article 101(1) and Article 101(3) to vertical agreements, including the Verticals block exemption of 2010; sub-contracting agreements; and the possible application of Article 102 to distribution agreements.
International Aspects
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter examines the issue of jurisdictional problems in competition law, at the ‘internationalisation’ of competition law and the efforts to deal with competition issues at a global level to match the global operations of undertakings on world markets.. It looks first at the question of extraterritoriality in public international law, particularly the concept of objective territoriality. It considers the distinction between prescriptive jurisdiction and enforcement jurisdiction and how these might apply to competition law. It then looks at the development of the effects doctrine in US law and the concept of comity, and at the position of foreign plaintiffs in US courts. It considers how the EU takes jurisdiction by the application of the single economic entity doctrine and by the development of the implementation doctrine and the qualified effects doctrine. The chapter concludes by examining how international cooperation seeks to help solve jurisdictional problems. It looks at the bilateral agreements into which the EU has entered, and the multilateral cooperation to which the EU is party, including cooperation within UNCTAD, the OECD, the WTO and the International Competition Network (ICN).
Complete Land Law
Authors: Bogusz Barbara , Sexton Roger
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This edition of Complete Land Law combines clear commentary in relation to land law with essential extracts from legislation and cases. A wide range of extracts are included, providing convenient and reliable access to all the materials needed. This edition features discussion of the latest case law in the area of land law, including: the Supreme Court’s decision in Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd on whether sporting and recreational rights can be an easement; the Court of Appeal’s confirmation in Baker v Craggs that an easement cannot be overreached; a discussion of the Homes (Fitness for Habitation) Act 2018, providing greater protection for short-term leases; and a discussion of the lease/licence distinction in relation to guardians from the judgment Camelot Guardian Management v Khoo.
9. Co-Ownership—the Resolution of Disputes
Authors: Bogusz Barbara , Sexton Roger
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the legal nature of the rights of co-owners. It covers the effect of imposing a trust upon co-owners; tenancy in common arising because there is an implied trust; ss 13–15 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996); bankruptcy of a co-owner; the modern position of husband and wife co-owners on a marriage break-up; rights of co-owners in equity; Law of Property (Joint Tenants) Act 1964; and co-ownership of registered land.
24. The Operation of Mortgages
Authors: Bogusz Barbara , Sexton Roger
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rights of the mortgagor (rules protecting the equitable right to redeem, ‘clogs’ and ‘fetters’, postponement of redemption, collateral advantages, restraint on trade); statutory regulation of mortgages; leasing of the mortgaged property; undue influence, where a third party pressurizes the mortgagor into cooperating in the granting of a mortgage so that the third party can get a loan from a lending organization; redemption of mortgages; and fire insurance of the mortgaged property.
11. The Investigation of Crime
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2019

This chapter examines the investigation of crime. It begins with a discussion of how law enforcement is organized, exploring the role of agencies such as the police, the National Crime Agency, and HM Revenue and Customs, amongst others. It then critically considers police powers around stop and search and arrest and detention, before moving on to examine the rights of suspects in police custody, particularly in relation to interview.
13. Those in Court
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2019

This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisers, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant). The chapter also explores how lawyers for the defence are funded under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
2. The official institutions of the European Union
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the official institutions of the EU, covering the composition, functions, and powers of the European Parliament; the Council of the European Union; the Commission; the Court of Justice of the European Union; the European Council; the European Central Bank; and the Court of Auditors. This chapter also briefly discusses the Economic and Social Committee and the Committee of the Regions; and addresses, where applicable, the immediate and potential impact of the Brexit referendum.
13. Competition law: Article 101 TFEU
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 101(1) TFEU, which prohibits agreements between undertakings, decisions by associations of undertakings, and concerted practices that may affect trade between Member States, and which have as their object or effect the prevention, restriction, or distortion of competition within the internal market. All three elements must be satisfied to establish a breach of Article 101(1). This chapter also considers the implications of the new Commission Notice on Agreements of Minor Importance (de minimis) (2014).
14. Competition law: Article 102 TFEU
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 102 TFEU, which prohibits as incompatible with the internal market ‘any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it … in so far as it may affect trade between Member States’. Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.
3. Enforceability issues
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2019

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 question of whether the promises contained in the agreement are enforceable so that there is a legally binding contract in place (formation). It considers the parties’ intention to be legally bound and the need to establish that the promises are part of a bargain. The same bargain requirement applies to alteration promises, although the treatment of alteration promises is not as strict. It is possible for freely made alteration promises to be enforceable when not ‘paid for’ with another promise or action, e.g. by means of the doctrine of promissory estoppel. Promises obtained by threats or extortion may be voidable for duress.
4. Privity and third party rights
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2019

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 the doctrine of privity and third party rights. The doctrine of privity of contract provides that a person who is not a party to a contract (called a ‘third party’), cannot acquire rights under or enforce the provisions of that contract or rely on its protections even if the provisions were intended to benefit that third party. At common law there are complex, and sometimes artificial, ways to avoid this conclusion. More significant nowadays is the attempt to reform this principle by legislation in the Contracts (Rights of Third Parties) Act 1999, allowing some third party beneficiaries to enforce the provisions of contracts.
4. The separation of powers
Authors: Faragher Colin
Published: September 2019

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 the meaning of separation of powers; what judges say about the separation of powers in the UK; what statutes say about the separation of powers in the UK; whether the UK Government is based on the separation of powers; the relationship between the executive and the legislature, the relationship between the executive and the legislature in the process of departure from the European Union, the whip system and backbench revolts, the relationship between the executive and the judiciary, the independence of the judiciary, the appointment and dismissal of judges, the Civil Procedure Rule Committee, the Sentencing Council for England and Wales, and the relationship between the courts and Parliament.
5. The monarchy and the Royal Prerogative
Authors: Faragher Colin
Published: September 2019

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. The UK is a constitutional monarchy: the monarch exercises their legal powers as part of a system of government which is parliamentary and democratic. The chapter discusses the legal source of the monarch’s powers as head of state which is the Royal Prerogative exercised in accordance with binding political rules and practices. The chapter also covers the monarch’s role in government formation when there is a hung parliament and the effect of confidence and supply agreements. This chapter discusses the special privileges and immunities of the monarch; the powers and duties of the monarch; and the monarch and the organs and functions of government.
13. Grounds for judicial review: procedural impropriety, natural justice, and legitimate expectation
Authors: Faragher Colin
Published: September 2019

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 the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.
Tort Law Concentrate
Authors: Brennan Carol
Published: September 2019

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. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The guide also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Woodland v Swimming Teachers’ Association (2014) and Coventry v Lawrence (2014). This edition has been fully updated in light of developments in the law, including the Defamation Act 2013 and the continuing impact of the Human Rights Act 1998.
6. Breach of duty: the standard of care
Authors: Brennan Carol
Published: September 2019

This chapter discusses the law on standard of care and breach of duty. To establish that the duty of care has been breached, the standard of care must first be found and then it must be decided if that standard was reached in the circumstances. The general standard of care is objective: the ‘reasonable person’ standard. Variations in the standard of care regarding children and the more skilled or professional are discussed, as are those pertaining to sport and the medical profession. Proof of breach must be established by the claimant on the balance of probabilities; occasionally with the benefit of the evidential tool of res ipsa loquitur.
12. Nuisance and Rylands v Fletcher
Authors: Brennan Carol
Published: September 2019

Abstract

This chapter discusses the law of nuisance. ‘Nuisance’ relates to three very different actions: private nuisance, public nuisance, and statutory nuisance. All three are land-related torts, occurring indirectly, and often concern neighbour disputes and environmental wrongs. Unlike negligence, in nuisance the law is concerned less with the nature of the defendant’s conduct than with its effect upon the claimant. Private nuisance must have an element of continuation and damages will not be recoverable for physical injury. The case of Rylands v Fletcher (1868) established a new tort which provided for strict liability of defendants in certain nuisance-related situations.
14. Defamation
Authors: Brennan Carol
Published: September 2019

This chapter presents the tort of defamation. The tort is divided into two causes of action: libel, which concerns communications in permanent form; and slander, which concerns communications in transitory form. Libel has been actionable without proof of damage although serious harm is now a factor. Slander is actionable only with proof of damage except in two exceptional situations. The claimant must establish a defamatory statement, referring to the claimant and its publication. The primary defence to defamation is truth, and defences in this field raise issues under art 10 European Convention on Human Rights. The Defamation Acts 1996 and 2013 are covered, as are remedies for defamation.
7. Employment I: employment status, equal pay, and equality
Authors: Marson James , Ferris Katy
Published: September 2019

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 reviews the law on the employment contract, employment status, equal pay, and equality. Individuals may be engaged as workers, but their employment status will most commonly be as an employee or independent contractor. Employment status is significant in relation to the rights and obligations each type of contract has for the individual and employer. Given the lack of an adequate statutory definition, the common law has developed tests to identify employment status. Employment contracts contain express and implied terms. Employees and people employed personally to perform work under a contract are protected against various forms of discrimination and enjoy enforceable rights to equality at work.
9. Company law I: trading structures and forming the business
Authors: Marson James , Ferris Katy
Published: September 2019

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 reviews the law on business organization and business formation. The five main types of business organization (trading structure) applicable in England and Wales are: sole trader; simple partnership; limited liability partnership; private limited company; and public limited company. Sole trader organizations are very flexible but expose the owner to unlimited liability for losses, whilst operating a limited company limits potential losses of the shareholders but is subject to external regulation. A partnership can be ‘simple’, ‘limited’, or a ‘limited liability partnership’. Private limited companies are not required to have a minimum share capital but public limited companies require a minimum of £50,000 allotted share capital on registration.
Commercial Law Concentrate
Authors: Baskind Eric
Published: September 2019

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. Commercial Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction to contracts for the sale of goods, the book covers: statutory implied terms; passing of property and risk; retention of title clauses; exemption and limitation clauses; non-existent and perishing of goods; transfer of ownership by a non-owner; delivery, acceptance, and payment; remedies of the unpaid seller; remedies of the buyer; consumer credit; the creation of agency and the agent’s authority; and the relationships created by agency—the rights and liabilities of the parties.
12. The creation of agency and the agent’s authority
Authors: Baskind Eric
Published: September 2019

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 creation of agency and its three main parties: the agent, the principal, and the third party. The primary purpose of the agent is to bring the principal and the third party into direct contractual relations, with the principal taking on the rights and liabilities created by the contracts provided the agent had authority to act. The chapter looks at several kinds of agent’s authority, including actual authority, apparent authority, and usual authority, and also considers agency of necessity as well as cases where the principal may ratify a transaction.
2. Burden of proof
Authors: Spencer Maureen , Spencer John
Published: September 2019

This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.
Intellectual Property Concentrate
Authors: Press Tim
Published: September 2019

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. Intellectual Property Concentrate is the essential study and revision guide for intellectual property law students. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. After an introduction to intellectual property and common themes, the book covers: copyright; computer programs and databases; moral rights; performers’ rights; trade secrets and confidential information; patents; designs; and passing-off and trade marks. Written by experts and covering all the key topics so you can approach your exams with confidence, the book is: clear, concise, and easy to use, helping you get the most out of your revision; full of learning features and tips to show you how best to impress your examiner; and accompanied by online resources including multiple-choice questions and interactive flashcards to test your understanding of topics. Its ‘Exam essentials’ feature prepares you for your intellectual property law exam by giving help and guidance on how to approach questions, structure answers, and avoid common pitfalls.
1. The nature of international law and the international legal system
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2019

This chapter briefly discusses the nature of the international legal system. The premise is that the structure of the international legal system is fundamentally different from that of national legal order: contrary to the vertical structure encountered in domestic settings, in international law the structure is horizontal. States enjoy sovereign equality, while both international law-making and international adjudication are based on the consent of the States. There are various theories that have attempted to describe the nature of the international law, including naturalism, positivism, formalism, and realism. Also significant is the existence of a certain hierarchy in the international legal system, in the sense that there are some peremptory norms of international law, such as the prohibition of torture and genocide, to which there is no derogation.
5. Personality, statehood, and recognition
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2019

This chapter examines the meaning of international legal personality and the range of actors that possess such personality, namely States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.
12. Human rights, international criminal and humanitarian law
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2019

This chapter examines the nature and diversity of human rights, rather than any particular right. It looks at issues such as the universality, interdependence, and indivisibility of rights. It points to the issue of justiciability and emphasizes the obligation of States in both its negative as well as its positive dimension. The chapter examines the role of derogations and reservations to human rights treaties as well as cardinal principles in such treaties, namely the margin of appreciation and the scope of application. The chapter examines the concept of international criminal responsibility and looks at the four core international crimes, namely grave breaches (war crimes), crimes against humanity, genocide, and the crime of aggression. Finally, the chapter examines in some detail the key aspects and distinctions in international humanitarian law, such as the distinction and legal consequences between combatants and civilians and others.
4. Articles of association
Authors: French Derek
Published: September 2019

This chapter deals with articles of association, the principal element of a company’s constitution, under the Companies Act 2006. It describes the content of the articles, model articles of association which can be adopted by limited companies (either in whole or in part) on registration, and the function of articles as a contract between the company and its members and between the members themselves. It also considers provisions of articles that may be incorporated in other contracts and the right of members of a company to amend its articles. The chapter discusses a number of particularly significant court cases, including Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 and Quin and Axtens Ltd v Salmon [1909] AC 442.