bluuebunny/crossref_metadata_2025 huggingface dataset:
The Competition Law and Institutions of the European Union
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.
Article 101 TFEU: The Elements
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter discusses the text and scheme of Article 101 which prohibits agreements, decisions and concerted practices which restrict competition and may affect trade between Member States. It explains the terms employed in Article 101(1) and how they are interpreted and applied. This entails a discussion of the meaning of ‘undertaking’ and ‘association of undertakings’, including the concepts of ‘economic activities’ and of a ‘single economic entity’; the meaning of ‘agreement’ including the coverage of both horizontal and vertical agreements; the meaning of ‘concerted practice’; the meaning of ‘decisions by associations of undertakings’; the application of Article 101(1) to complex arrangements and single continuous infringements; and the meaning of an appreciable effect on trade between Member States.
Article 102 TFEU: Introduction and Dominant Position
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

Article 102 TFEU deals with the unilateral conduct of undertakings with substantial market power. It thus prohibits one or more undertakings which hold a dominant position in the internal market or a substantial part of it abusing that position insofar as it may affect inter-Member State trade. This chapter discusses the role of Article 102 and the controversy attending its application, and introduces the elements which must be established before the prohibition applies. The Commission’s review of Article 102 and the publication of its Guidance Paper on enforcement priorities, and the relationship between Article 102 and Article 101, are also considered. The chapter then explores in detail one of the principal limbs of the Article 102 prohibition, namely the concept of an undertaking holding a ‘dominant position’ in a relevant market. The definition of a dominant position in the case law of the Court is discussed, alongside its relation to the concept of substantial market power, including the Commission’s treatment in the Guidance Paper. The chapter then considers how dominance is established, addressing, inter aliai, the definition of the relevant market for the purposes of Article 102; the role of market share in establishing dominance; barriers to entry and other factors indicating dominance; and dominant positions in the digital economy. Article 102
Article 102 TFEU: Conduct Which Can Be an Abuse
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter discusses the difficult concept of what constitutes an ‘abuse’ of a dominant position for the purposes of Article 102 and whether conduct should be condemned on account of the form it takes or only for its effects. It considers the case law of the EU Courts, the decisional practice of the Commission, and the Commission’s Guidance Paper on enforcement priorities, and the problem of distinguishing competition on the merits from illegimate conduct. The chapter looks at the different classifications of abuse, particularly exclusionary and exploitative abuses; the distinction between form- and effects-based approaches to types of abuse; the leveraging of market power between distinct markets as a theory of harm; the objective justification defence; and general issues in respect of abuses concerning prices, including the ‘as efficient competitor’ test. The chapter then examines the application of Article 102 to various forms of conduct, including: price discrimination; predatory pricing; selective low pricing; margin squeeze; exclusive dealing;; tying and bundling; refusal to supply; self-preferencing; malicious pursuit of legal proceedings; ‘regulatory gaming’; discrimination abuses; unfairly high and low pricing; hindering inter-Member State trade; and more novel claimed abuses within the digital economy.
Mergers
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter discusses the regime for controlling mergers which have an ‘EU dimension’ under the European Union Merger Regulation (EUMR). The chapter examines: the purposes of merger control; the history of the EUMR; the scheme of the EUMR and the concept of the ‘one-stop shop’; jurisdiction under the EUMR, including the definition of a ‘concentration’ and what amounts to an ‘EU dimension’; procedure, including Phase I and Phase II proceedings; the substantive appraisal of horizontal, and non-horizontal mergers under the EUMR and the test of significantly impeding effective competition (SIEC); EUMR statistics; appeals; and international issues.
1. Introduction to the Types of Property Rights in Land
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 provides an introduction to basic concepts of land law. The discussions cover real property and personal property; property rights which give immediate use and enjoyment of land (fee simple estate and leases); property rights against land owned by other people (mortgages, restrictive covenants, easements, profits à prendre, rentcharges, rights of occupation, interest under a resulting or constructive trust, proprietary estoppel, estate contracts, options, and the trust); and proof of title to land (importance of proof of title, methods of proving that a vendor has good title, unregistered title and registered title).
7. Trusts of Land
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 three types of trust under the old law which operated prior to the commencement of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It also presents criticism of the old law governing bare trusts of land; criticisms of strict settlements and the Settled Land Act 1925; criticisms of the trust for sale; the definition of a trust of land; the need for two trustees for a trust of land; appointment, retirement, and removal of trustees; method of appointment of trustees; unanimity of trustees; the powers of disposition of trustees of land; the trustees' duties on exercising their powers; exclusion and restriction on trustees of land powers of disposition; and delegation of trustees' powers to beneficiaries.
10. Licences and Proprietary Estoppel
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 various types of licences and proprietary estoppel. It covers bare licences; licences coupled with an interest; contractual licences; revocation of a licence by the licensor; the effect of licences between the licensee and a third party; estoppel licences; proprietary estoppel; the requirements for an estoppel: assurance, detriment and reliance; satisfying the equity and proportionality in the assessment of an award for estoppel; and status of ‘an equity’ before it has been satisfied.
11. Leases—The Basic Requirements
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 basic principles of the law of leases. It covers the essential requirements for a lease; duration of leases and certainty of term; some concepts related to the law of leases; the distinction between leases and licences; how exclusive possession is defined; shared and multiple occupation cases; ‘sham’ tenancies and pretence clauses designed to negate exclusive possession; and formalities for the creation of leases.
20. Freehold Covenants
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 difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.
22. The Creation 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 mortgage creation. It covers the definition of a mortgage; form of a legal mortgage of a fee simple before 1926; equitable right to redeem; equity of redemption; mortgagor retaining possession; legal mortgages after 1925 where land is unregistered; legal mortgages of registered land; charge by way of legal mortgage; types of mortgages; mortgages of leases; equitable mortgage by deposit of deeds (unregistered land); equitable mortgage of registered title (deposit of land certificate); and legal and equitable mortgages after 1989.
The English Legal System
Authors: Gillespie Alisdair , Weare Siobhan
Published: September 2019

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, and the legal professions. Part III examines the criminal justice system. It begins by looking at police powers and the decision to charge and prosecute a suspect. It describes issues related to lay justice, trials, and criminal appeals, including access to justice and legal aid. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.
7. The Structure of the Tribunals
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2019

This chapter examines the jurisdiction and structure of tribunals. It then considers two very different tribunals through the use of case studies, namely the Employment Tribunals and the Investigatory Powers Tribunal. Tribunals have existed for many years but have traditionally operated as an oversight system for administrative issues. In recent years, the number of tribunals has increased and their work has begun to involve more complicated legal questions. Tribunals are now, in essence, a parallel system of dispute resolution and their complexity is recognized by the fact that their presiding officers now bear the title of ‘judge’. This chapter examines this parallel judicial system and identifies similarities between and differences from court justice.
10. The Legal Professions
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2019

This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors’ Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.
6. Preliminary references
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 considers the procedure whereby a national court may make a preliminary reference to the Court of Justice under Article 267 TFEU and receive a preliminary ruling on the questions which it has referred. The chapter examines the questions of law that may be referred to the Court of Justice; the criteria for the ‘court or tribunal’ which may make a reference; from which courts a reference is discretionary and from which it will be mandatory; references concerning the interpretation and validity of EU law; national courts’ decision-making process in preliminary references and the relevant guidelines and exceptions; procedures in the Court of Justice for dealing with preliminary references under Article 267 TFEU; and the effects of a preliminary ruling.
7. Challenging EU action or inaction
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 role of the Court of Justice in ensuring that the rule of law in the EU is observed both by Member States and EU Institutions. The chapter examines infringement actions under Article 258 TFEU, and financial penalties for Member States under Article 260 TFEU. The discussion of judicial review considers acts that may be challenged; who can bring an action under Article 263 TFEU; permissible applicants under Article 263 TFEU; non-privileged applicants; reforming the criteria for locus standi for non-privileged applicants. The chapter also explains the grounds for annulment; the effect of annulment; the plea of illegality; failure to act; and the relationship between Article 263 TFEU and Article 265 TFEU.
8. EU liability in damages
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: 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 the non-contractual liability of the EU for damages. The discussions cover the jurisdiction of the EU Courts; the meaning of ‘general principles common to the laws of the Member States’; wrongful acts by EU institutions; actual damage; causation; the relationship between actions for damages against the EU and actions for damages against Member States; and the relationship between actions for damages against the EU and actions against it for annulment of EU law.
9. Human rights in 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 begins with a brief history of human rights protection in Europe, including the separate role of the Council of Europe and the ECHR, as well as that of the EU and EU law. It then discusses the development of human rights protection by the EU; the need for human rights protection against the EU and its Member States; the Charter of Fundamental Rights of the EU; the enforcement of human rights in EU law; and the possibility of EU accession to the ECHR.
Contract Law Concentrate
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. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.
5. Terms and breach of contract
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 how to identify the contractual obligations assumed by the parties in their contract, distinguishing terms (promises) and representations (non-promissory inducements to contract), and identifying the express and implied terms. It also looks at standards of performance, how to identify broken promises as a prelude to considering the remedies for breach of contract, and whether it is possible to opt not to continue to perform further contractual obligations following the other party’s breach.
6. Exemption clauses and unfair contract terms
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 use and enforceability of exemption clauses (total exclusion or limitation of liability clauses inserted into contracts) and their legislative regulation. Whereas the regulation of such clauses is limited to the common law and UCTA 1977 in the case of commercial contracts (B2B), in the case of consumer contracts (B2C), the law intervenes to control a broader category of terms, ‘unfair contract terms’ (Consumer Rights Act 2015) with the critical test being ‘unfairness’.
9. Misrepresentation
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 identification of actionable misrepresentations which affect the fairness of the process by which a contract was entered into, and render that contract voidable for misrepresentation (liable to be set aside and the parties restored to their pre-contractual positions). It identifies three types of misrepresentation depending on the state of mind of the misrepresentor: fraudulent, negligent, or innocent. It distinguishes between remedies available for the different types of pre-contractual statements, specifically rescission and damages for the different types of misrepresentations, and briefly explains the distinction between commercial contracts and the remedies available to consumers under the CPRs 2008.
1. Introduction to constitutional law
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 definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.
3. The rule of law
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 the rule of law; government according to law; the key features of a legal system based on the rule of law; whether the UK legal system complies with Dicey’s conception of the rule of law, whether wide arbitrary and discretionary powers are ever justified, privileges and immunities, and whether the courts ought to be able to extend the criminal law.
7. Parliament and the legislative process
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 first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—is guardian of the constitution through the work of the House of Lords Constitution Committee and protects the constitution and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.
15. Police powers, public order, and terrorism
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 law on police powers. These include the role of the police, the organization of the police in England and Wales, police areas, the powers and functions of Police and Crime Commissioners, the Mayor’s Office for Policing and crime in London, the Police and Criminal Evidence Act 1984 and its Codes of Practice, which contain rules concerning police powers of stop, search, entry, seizure of property, arrest, detention, and treatment of suspects; the meanings of reasonable suspicion and public place, and information which must be given on arrest.
4. Pure economic loss and negligent misstatement
Authors: Brennan Carol
Published: September 2019

This chapter discusses the law on pure economic loss, which is loss that is not derived from physical injury, death, or property damage. It may be consequential, that is resulting from the acquisition of a defective product or property. More commonly, the issue arises due to a negligent misstatement, or provision of professional services. This is an area of commercial and professional importance where there has been a trend towards expansion in the area of negligent misstatement. The two key cases in this area are Murphy v Brentwood District Council and Hedley Byrne v Heller.
10. Product liability
Authors: Brennan Carol
Published: September 2019

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987, passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.
16. Defences and limitation
Authors: Brennan Carol
Published: September 2019

This chapter first discusses the defence of contributory negligence, voluntary assumption of risk, and illegality. Contributory negligence occurs when the claimant has contributed to his own damage, and permits damages to be apportioned according to what is just and equitable. Voluntary assumption of risk is a complete defence, on the basis that the claimant freely agreed to run the risk of damage. Illegality is a complete defence, on the grounds that the law will not reward or appear to condone an illegal act. The chapter then turns to limitation periods, which restrict the amount of time within which legal actions must be commenced. The main statute is the Limitation Act 1980.
17. Remedies and principles of compensation
Authors: Brennan Carol
Published: September 2019

This chapter discusses the main remedies for torts: damages and injunctions. In tort, damages are primarily compensatory and are intended to restore to the claimant what he has lost. Damages may be punitive or aggravated. They may be awarded in a lump sum, or in periodic or provisional form, and may be subject to deductions. An injunction is an order of the court requiring the defendant either to do something (mandatory injunction) or to cease doing something (prohibitory injunction). Interim injunctions anticipate trial of the full issue. Upon death, a remedy may be obtainable on behalf of the deceased or his dependents.
1. The English legal system
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 discusses the English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.
3. Passing of property and risk
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 transfer of property and risk from the seller to the buyer as agreed upon in a contract of sale of goods. It explains the difference between ownership and possession and discusses the rules on the passing of property, as well as which party bears the legal risk in cases where the goods are, for example, destroyed or in the event of insolvency. The rules relating to both consumer and non-consumer buyers are included. Finally, the chapter examines the unconditional appropriation of the goods to the contract, appropriation by delivery to a carrier, ascertainment and appropriation ‘by exhaustion’, and undivided shares in goods forming part of a bulk.
4. Retention of title clauses
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 retention of title clauses, also known as reservation of title clauses, in sale of goods contracts. It explains how retention of title (or Romalpa) clauses are especially useful in cases where the buyer becomes insolvent and then stresses the importance of properly incorporating a retention of title clause into the contract of sale. The chapter examines the 1976 Romalpa case and its influence on retention of title cases. It considers ‘all-liabilities’ clauses in contracts of sale of goods and concludes by discussing criticisms against retention of title clauses and how, in practice, they might fail. The chapter discusses the 2014 Court of Appeal decision in FG Wilson (Engineering) Ltd v John Holt & Co (Liverpool) Ltd which illustrates the dangers of retention of title clauses which can leave buyers somewhat unprotected and how a degree of balance was reintroduced by the Supreme Court in PST Energy 7 Shipping LLC and Another v OW Bunker Malta Ltd and Another.
6. Non-existent and perishing of goods
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 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.
11. Consumer credit
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 discusses some of the key common law and statutory provisions relating to consumer credit agreements and the common issues that arise. It first explains the provisions of the Consumer Credit Act 1974, as amended by the Consumer Credit Act 2006. The chapter then considers the rights of debtors who take credit under a ‘regulated agreement’, along with the (previous) extortionate credit bargain provisions that have been replaced by a test which considers whether there was an unfair relationship between the debtor and the creditor. It also considers consumer hire agreements, exempt agreements, small agreements, and non-commercial agreements as well as the liability of the creditor for the seller’s misrepresentation or breach of contract, retaking of protected goods, and the debtor’s right to complete payments ahead of time.
2. Copyright
Authors: Press Tim
Published: September 2019

This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work—referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.
5. Performers’ rights
Authors: Press Tim
Published: September 2019

This chapter focuses on performers’ rights, which give musicians, singers, actors, dancers, and variety performers rights to prevent or give permission for the recording or broadcasting of their live performances and subsequent commercial exploitation of those recordings. Performers’ rights are important for broadcasters and record and film companies which hire performers: they must ensure that the performers give all the necessary permissions in their contracts or the project will not be able to proceed. The rights last for 50 years, or 70 years for EU musicians. The development of sound recording and movie technology meant that it was not necessary for everyone to hire the services of a performer in order to enjoy their performance and this triggered the development of performers’ rights. There are legal provisions protecting some performers against signing away all their rights in these contracts. Performers’ rights have been harmonized by the European Union.
International Law Concentrate
Authors: Bantekas Ilias , Papastavridis Efthymios
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. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally it looks at the use of force and human rights.
7. Immunity
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2019

Immunity is a procedural bar whereby the courts of a country are precluded, while the immunity persists, from entertaining a suit, civil or criminal, against a person or entity. This chapter distinguishes personal from functional immunities and then goes on to demonstrate the difference between acts undertaken in a public capacity, which always attract immunity, and those undertaken in a private capacity, which do not as a rule attract immunity. The chapter shows that in recent years the characterization of an act as being of a public nature has been restricted by the practice of States and national courts.
Improving the phenotype risk score as a scalable approach to identifying patients with Mendelian disease
Authors: Bastarache Lisa , Hughey Jacob J , Goldstein Jeffrey A , Bastraache Julie A , Das Satya , Zaki Neil Charles , Zeng Chenjie , Tang Leigh Anne , Roden Dan M , Denny Joshua C
Published: September 2019

Objective

The Phenotype Risk Score (PheRS) is a method to detect Mendelian disease patterns using phenotypes from the electronic health record (EHR). We compared the performance of different approaches mapping EHR phenotypes to Mendelian disease features.

Materials and Methods

PheRS utilizes Mendelian diseases descriptions annotated with Human Phenotype Ontology (HPO) terms. In previous work, we presented a map linking phecodes (based on International Classification of Diseases [ICD]-Ninth Revision) to HPO terms. For this study, we integrated ICD-Tenth Revision codes and lab data. We also created a new map between HPO terms using customized groupings of ICD codes. We compared the performance with cases and controls for 16 Mendelian diseases using 2.5 million de-identified medical records.

Results

PheRS effectively distinguished cases from controls for all 15 positive controls and all approaches tested (P < 4 × 1016). Adding lab data led to a statistically significant improvement for 4 of 14 diseases. The custom ICD groupings improved specificity, leading to an average 8% increase for precision at 100 (-2% to 22%). Eight of 10 adults with cystic fibrosis tested had PheRS in the 95th percentile prio to diagnosis.

Discussion

Both phecodes and custom ICD groupings were able to detect differences between affected cases and controls at the population level. The ICD map showed better precision for the highest scoring individuals. Adding lab data improved performance at detecting population-level differences.

Conclusions

PheRS is a scalable method to study Mendelian disease at the population level using electronic health record data and can potentially be used to find patients with undiagnosed Mendelian disease.
Microtubule-dependent transport of arenavirus matrix protein demonstrated using live-cell imaging microscopy
Authors: Takamatsu Yuki , Kajikawa Junichi , Muramoto Yukiko , Nakano Masahiro , Noda Takeshi
Published: September 2019

Lassa virus (LASV), belonging to the family Arenaviridae, causes severe haemorrhagic manifestations and is associated with a high mortality rate in humans. Thus, it is classified as a biosafety level (BSL)-4 agent. Since countermeasures for LASV diseases are yet to be developed, it is important to elucidate the molecular mechanisms underlying the life cycle of the virus, including its viral and host cellular protein interactions. These underlying molecular mechanisms may serve as the key for developing novel therapeutic options. Lymphocytic choriomeningitis virus (LCMV), a close relative of LASV, is usually asymptomatic and is categorized as a BSL-2 agent. In the present study, we visualized the transport of viral matrix Z protein in LCMV-infected cells using live-cell imaging microscopy. We demonstrated that the transport of Z protein is mediated by polymerized microtubules. Interestingly, the transport of LASV Z protein showed characteristics similar to those of Z protein in LCMV-infected cells. The live-cell imaging system using LCMV provides an attractive surrogate measure for studying arenavirus matrix protein transport in BSL-2 laboratories. In addition, it could be also utilized to analyze the interactions between viral matrix proteins and the cellular cytoskeleton, as well as to evaluate the antiviral compounds that target the transport of viral matrix proteins.
Balamuthia mandrillaris-Related Primary Amoebic Encephalitis in China Diagnosed by Next Generation Sequencing and a Review of the Literature
Authors: Yang Yinan , Hu Xiaobin , Min Li , Dong Xiangyu , Guan Yuanlin
Published: September 2019

Background

Encephalitis is caused by infection, immune mediated diseases, or primary inflammatory diseases. Of all the causative infectious pathogens, 90% are viruses or bacteria. Granulomatous amoebic encephalitis (GAE), caused by Balamuthia mandrillaris, is a rare but life-threatening disease. Diagnosis and therapy are frequently delayed due to the lack of specific clinical manifestations.

Method

A healthy 2 year old Chinese male patient initially presented with a nearly 2 month history of irregular fever. We present this case of granulomatous amoebic encephalitis caused by B. mandrillaris. Next generation sequencing of the patient’s cerebrospinal fluid (CSF) was performed to identify an infectious agent.

Result

The results of next generation sequencing of the CSF showed that most of the mapped reads belonged to Balamuthia mandrillaris.

Conclusion

Next generation sequencing (NGS) is an unbiased and rapid diagnostic tool. The NGS method can be used for the rapid identification of causative pathogens. The NGS method should be widely applied in clinical practice and help clinicians provide direction for the diagnosis of diseases, especially for rare and difficult cases.
Koru
Authors: Rogers Holly , Maytan Margaret
Published: September 2019

This chapter reviews the new developments in the Koru Mindfulness curriculum since the first edition of Mindfulness for the Next Generation was published in 2011. These developments include the creation of The Center for Koru Mindfulness to train and certify teachers to deliver the Koru Mindfulness curriculum, the expansion of the curriculum to include Koru 2.0 and Koru Retreat (a 4-hour experience that is conducted in silence and includes various meditations, such as sitting, walking, and eating, as well as a short talk on mindfulness by the teacher and a yoga experience), and the development of a Koru mobile app that communicates with the new Koru Teacher Dashboard.
Transformation
Authors: Rogers Holly , Maytan Margaret
Published: September 2019

When the Koru courses started in 2005, the depth of the transformation that many students would experience in just four classes was not anticipated. Initially, the goals for the students mirrored their goals for themselves: less worry and stress, greater happiness, improved academic performance, and improved sleep. The hope was that the course could, in some small way, help them move toward the improved quality of life they were seeking. But the students have shown that they are capable of much more, many of them expressing their sense of having been transformed in important ways. The final chapter is about the transformation that emerging adults who have been through the Koru curriculum report experiencing. Drawing from the comments of students after completing Koru, the chapter explores how students feel they are impacted by having learned mindfulness and how they see it influencing their lives moving forward.
Psychosocial Therapies for Substance Use Disorders
Authors: Daley Dennis C. , Douaihy Antoine
Published: September 2019

There are many counseling approaches, treatment programs, and psychosocial interventions for individuals with substance use disorders (SUDs). Although some have been shown in clinical trials to be more effective than others, to date there is no single, superior treatment approach appropriate for all clients. While brief treatments have been successful with alcohol problems, longer term treatments are often needed for drug problems. For clients with more severe SUDs, long-term involvement in professional treatment (including medication-assisted therapies), mutual support programs, or both may be needed. This chapter includes a summary of treatment principles and guidelines that can serve as a framework for helping clients with SUDs.
Medications for Substance Use Disorders
Authors: Daley Dennis C. , Douaihy Antoine
Published: September 2019

Substance use disorder (SUD) is a chronic medical condition with relapses and remissions, and it has a strong genetic component. Risk for relapse increases with continued use because changes to the brain neurocircuitry pathways created by extensive substance use do not completely revert to normal after detoxification or stopping substance use. Medication-assisted treatment (MAT) is used for addiction to alcohol, opioids, or nicotine and is usually offered in combination with behavioral therapy and/or mutual support program participation. Medications can play a major role in facilitating initial abstinence, reducing relapse risk, and increasing the likelihood of the client maintaining longer periods of abstinence. Behavioral interventions can influence clients to use MAT in their recovery and influence adherence and impact on retention.
Managing Emotions
Authors: Daley Dennis C. , Douaihy Antoine
Published: September 2019

An emotion that is prolonged or persists over time is referred to as a mood. Emotions or moods that are too intense, extreme, or chronic and that cause problems in life often need to be addressed as part of ongoing substance use recovery. An overall goal of recovery is to reduce negative emotions and increase positive emotions, although any emotion can have a positive or negative effect depending on the circumstance. Negative emotional states can also be exacerbated by physical withdrawal, in addition to life problems, stresses, and interpersonal difficulties. These emotions are also associated with the initial period of becoming drug-free. The objectives of this chapter are to identify the role of negative and positive emotions in recovery and relapse, to help clients identify high-risk emotional issues (specific emotions or deficits in coping skills) to address in recovery, and to help clients learn appropriate strategies to manage emotions.
Dealing with Family and Interpersonal Problems
Authors: Daley Dennis C. , Douaihy Antoine
Published: September 2019

Family stress and problems are common with substance use disorders (SUDs) and co-occurring psychiatric disorders. Family stability, parental competence, how the family communicates and functions, family mood, roles assumed by members, and family cohesion may be adversely affected by a parent’s or other member’s SUD. Parental absence, separation or divorce, violence or neglect, poverty, incarceration, and loss of a family member through death are more serious types of problems that create additional stress for family and marital systems. Individual members may experience health, mental health, and substance use problems. Friendships and other relationships are also harmed by SUDs. The objectives of this chapter are to identify the effects of the SUD on family and interpersonal relationships, to help the client identify strategies to cope with family and interpersonal problems caused by the substance use, and to help the client improve relationships and interpersonal behaviors.