bluuebunny/crossref_metadata_2025 huggingface dataset:
6. Statutory employment protection and related contractual issues
Authors: Russell Roseanne
Published: September 2022

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory employment protection and related contractual issues. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory employment protection including eligibility requirements for the right not to be unfairly dismissed, the right to written reasons for dismissal, statutory minimum notice periods, the right to be accompanied to disciplinary hearings, and the ACAS Code of Practice on Disciplinary and Grievance Procedures. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
8. Statutory redundancy payments and consultation procedures
Authors: Russell Roseanne
Published: September 2022

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory redundancy payments and consultation procedures. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory redundancy pay including the qualifying period to be eligible, the definition of redundancy, procedural fairness, case law on ‘work of a particular kind’, bumping, suitable alternative employment, and calculating statutory redundancy pay. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
10. Equal pay and family rights
Authors: Russell Roseanne
Published: September 2022

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about equal pay and family rights. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of equal pay and family rights including the meaning of pay, the sex equality clause, like work, work rated as equivalent, work of equal value, comparators, material factor defence, remedies, and the right to various forms of leave including maternity and parental leave. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
13. Collective bargaining
Authors: Russell Roseanne
Published: September 2022

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about collective bargaining. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of collective bargaining including inequalities of bargaining power in the employment relationship, status and function of trade unions, time off for trade union members, and rights to information. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
15. Skills for success in coursework assessments
Authors: Russell Roseanne
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This chapter gives advice on skills for success in coursework assessments. It covers researching, planning, and preparing to write as well as how best to research a topic, what is meant by ‘critical analysis’, how to maintain relevance and focus on a question, and how to reference appropriately. The chapter ends with a handy checklist for students to use when working on an employment law essay.
4. Sources
Authors: Chinkin Christine
Published: September 2022

This chapter discusses the sources of international human rights law set out in Article 38(1) of the Statute of the International Court of Justice: treaties, custom, general principles of law, and, as subsidiary means for determining the law, judicial decisions and the teachings of publicists. It then considers the role of ‘soft law’ instruments, such as resolutions of the UN General Assembly and the work of human rights expert bodies.
5. Special Character
Authors: Mégret Frédéric
Published: September 2022

This chapter first introduces the relationship of international human rights law to public international law, which is crucial to understanding the ‘special character’ of international human rights obligations. It then introduces the basic idea of what it means for a legal obligation to be described as ‘special’ in nature in international law, and discusses several key consequences that can be said to flow from this character in terms of reservations, enforcement, and withdrawal.
6. Scope of Application
Authors: Joseph Sarah , Sander Barrie
Published: September 2022

A state is not responsible for every act or omission which harms human rights, regardless of the perpetrator or the location. Therefore, it is necessary to examine the scope of application of a state’s obligations under international human rights law. That is, when do human rights duties apply? This chapter first defines key concepts and identifies the duty-bearers and beneficiaries of human rights law. Then it explains the instances in which a state will be held responsible for the actions or omissions of particular persons or entities. Finally, it addresses the territorial scope of a state’s human rights duties.
31. Climate Change
Authors: Rajamani Lavanya
Published: September 2022

Climate change is considered to be the greatest threat to human rights of our generation. This chapter discusses the challenges posed by climate change and mitigation measures to the enjoyment of human rights and the obligations that states have under international human rights law to respond to these challenges. It introduces international climate change law and how this has developed to accommodate human rights concerns. The chapter ends by surveying the recent turn to national and international litigation, whereby human rights arguments have been deployed to force states to adequately respond to climate change.
2. Formation of the contract
Authors: Atkins Ruth
Published: September 2022

This chapter identifies the key elements required for a contract to be formed. It looks in depth at agreement, breaking it down into offer and acceptance. An offer is distinguished from an invitation to treat in principle, and specific examples of communications which are commonly identified as invitations to treat or offers are considered (e.g. advertisements, displays in shops, auctions, and website ‘shops’/advertisements). The chapter looks at termination of offers by various means, including counter offers and revocation. What constitutes an acceptance is addressed, and the special rule relating to the time of effectiveness of posted acceptances (‘the postal rule’) is considered, as is its extension to contexts such as e-mailed acceptances. The ‘battle of the forms’ is also looked at.
9. Exemption clauses
Authors: Atkins Ruth
Published: September 2022

This chapter begins the discussion of unfair terms. It deals with the common law rules relating to exemption clauses, and introduces the problems, as well as the benefits of standard form contracts. It looks at the common law rules dealing with incorporation and construction (interpretation) generally, and their use by the courts to deal with unfair exemption clauses, and the evolution of the use of such approaches in the light of legislative policing. In particular, it deals with incorporation by signature, notice (including the ‘red hand’ rule), and a course of dealing. It looks at construction post-UCTA (Unfair Contract Terms Act 1977), and post-Investors, particularly Wood v Capita and decisions since. The Canada Steamship rules and the distinction between limitation and exclusion clauses are noted. The tension between freedom of contract and protecting the party with weaker bargaining power is emphasized. The chapter addresses how the Consumer Rights Act 2015 has impacted the law.
13. Misrepresentation
Authors: Atkins Ruth
Published: September 2022

This chapter looks at misrepresentation. It first identifies the requirements for a misrepresentation, and highlights the situations in which the courts are willing to find misrepresentations although prima facie there are only statements of opinion which are stated not to suffice in themselves. It considers the remedy of rescission, and when it will be barred. It looks at the different ways in which damages may be provided for misrepresentation: for fraudulent misrepresentation under the tort of deceit; for negligent misrepresentation under the tort of negligent misrepresentation; and for negligent misrepresentation under s2(1) of the Misrepresentation Act 1967. It looks at the different requirements for each type, which it will be advisable to use, and what will be covered by a damages remedy for misrepresentation. Consideration is also given to remedies for aggressive and misleading trade practices under the amended Consumer Protection from Unfair Trading Regulations.
14. Duress and undue influence
Authors: Atkins Ruth
Published: September 2022

This chapter looks at the effect of duress or undue influence on the making of a contract. The difficulty is identified of distinguishing hard bargaining from economic duress, when the ‘threat’ is to the economic interest of the party ‘threatened’. This raises the question of what amounts to an illegitimate threat; whether a threat which is not otherwise legally labelled as wrongful will suffice (lawful act economic duress), and whether all threatened breaches of contract do so. The question also arises as to a test of a ‘reasonable’, or ‘practical’, alternative to agreeing. Undue influence is concerned with the surrender of decision making because of the relationship of the parties whether through domination or trust. The presumptions that arise in relation to undue influence, and when they arise, are examined. Consideration is given to the treatment of aggressive and misleading trade practices under the Consumer Protection from Unfair Trading Regulations (as amended by the Consumer Protection (Amendment) Regulations 2014).
16. Unconscionability and unfairness
Authors: Atkins Ruth
Published: September 2022

This chapter is concerned with unconscionability, good faith, and inequality of bargaining power. It is often stated that there are no such general doctrines in English Law. Concerns about uncertainty clearly play a part in this, and there is a tension between freedom of contract and intervening in the bargain reached by the parties on the basis of its substantive unfairness. There has, of course, been legislative intervention in relation to the use of unfair exemption clauses and unfair terms, more generally, in the consumer context (see Chapters 10 and 11) and, before such legislation, in particular, judges were prepared to manipulate common law rules on incorporation and construction (see Chapter 9) to deal with unfairness. This chapter principally deals with cases in which the courts have intervened in a contract, or refused to enforce it, where one party had some weakness in his or her position, in relation to the other, and that other has gained unduly advantageous terms. Whether there is a duty to act in good faith, implied or otherwise, in light of recent case law such as Bates v Post Office, is also explored.
17. Privity and third party rights
Authors: Atkins Ruth
Published: September 2022

This chapter describes privity of contract, explaining the development of the doctrine and the problems associated with its application. The scope and usage of the Contracts (Rights of Third Parties) Act 1999 is discussed. The tensions inherently created by the possible freedom of the contracting parties to vary or cancel a third party’s right under an agreement are highlighted. Circumventions of, and exceptions to, the doctrine are also addressed including limitations on the doctrine which may be brought about by an assignment of contractual rights and the doctrine of agency. Finally, the issues surrounding privity and the doctrine of consideration are noted.
23. Additional chapter: An outline of the law of restitution
Authors: Atkins Ruth
Published: September 2022

This chapter presents an outline of the law of restitution and the factors that might make an enrichment unjust. The law of restitution is part of the law of obligations alongside contract and tort, although it also includes elements of property law. The law of restitution can be seen as a response to an unjust enrichment where the defendant should not be unjustly enriched at the expense of the claimant, although the principles may extend beyond this. Unjust enrichment requires one party to have been enriched; for the enrichment to have been at the expense of the other party; and for the enrichment to have been unjust. There are defences available to the enriched party.
3. Preparing for Success
Authors: Moore Imogen , Newbery-Jones Craig
Published: September 2022

This chapter focuses on preparing to become a successful law student, starting by considering and challenging what ‘a successful law student’ might mean. It explores key attributes that will contribute to that success, beyond conventional academic skills. It provides guidance on preparing for a successful start as a law student to enhance the student’s chances of success. The chapter also explores the transition to legal study from diverse student perspectives. It provides guidance on recognising and responding to challenges when beginning legal study and highlights sources of support.
11. Study Abroad
Authors: Moore Imogen , Newbery-Jones Craig
Published: September 2022

This chapter is aimed at students who are interested in spending time abroad or have already chosen to spend time abroad during their legal studies. Study abroad is an opportunity offered by many law schools and programmes in a variety of forms. It explores the different options that may be available and what each offers the student. It considers the ways in which the experience can enhance study and other skills and employability, as well as offering the chance to experience a new place and culture. The chapter also recognises the challenges that studying abroad can bring, to ensure the student is prepared to meet them and can benefit fully from the experience, and reflects on the return to the law programme after time away.
13. Volunteering, Paid Work, and Other Opportunities
Authors: Moore Imogen , Newbery-Jones Craig
Published: September 2022

This chapter considers further extracurricular opportunities beyond those considered in Chapter 12 (which focused on mooting, negotiation, client interviewing, and debating) which are likely to be of value to law students. It includes law-focused activity such as working in a law clinic and other legal pro bono work, other voluntary activities including those outside the legal arena, paid work, and other activities and social engagement. Different opportunities are explored, with relevant links and resources provided. The chapter considers the value of extracurricular activities such as these, including the skills and benefits that they bring to the law student both for their studies and beyond, and the importance of reflecting on the skills developed through them.
16. A Successful Future
Authors: Moore Imogen , Newbery-Jones Craig
Published: September 2022

This final chapter looks forward to a successful future beyond law school. It starts by considering the student’s departure from law school, graduation, and opportunities for a continuing, rewarding relationship. It considers ways in which the student can use and continue to develop the skills and personal attributes that they have developed during their studies. It ends by briefly revisiting the notion of success, to see what that might mean as the student moves on to a successful future. It considers the importance of framing and revisiting plans and the need for adaptability and resilience.
1. What is equity?
Authors: Barr Warren , Picton John
Published: September 2022

This chapter defines equity. Equity is both a different system of law which recognizes rights and obligations that the common law does not, and a system which seeks to address the inherent gaps which can exist in following any set of rules. Equity plays a large, but largely hidden, role in all our lives. For instance, buying houses with a partner, borrowing money, investing in private or company pensions, making complex arrangements in a will, or preventing human rights abuse all use some form of mechanism developed in equity, such as trust. Thus, equity, even if we do not always appreciate it, intrudes into many parts of our lives.
2. Equitable obligations
Authors: Barr Warren , Picton John
Published: September 2022

This chapter discusses trust and powers, which are two of the main elements in equity’s toolkit for managing property. Their utility has been enhanced by the approach flagged by the landmark decision in McPhail v Doulton, of seeking to facilitate the wishes of a settlor rather than trying to shoehorn arrangements into preconceived categories. The result has been the recognition of a range of intermediate obligations, including the discretionary trust and fiduciary powers. Alongside this, equity developed the concept of the fund, which has helped in the separation of beneficial ownership from asset management. Combined with all of this, equity has recognized the possibility that a settlement can include directions to trustees which are binding or discretionary, and the power to make variations by adding or removing beneficiaries. The result has been that settlements can contain quite a range of flexibility.
3. Equity and the management of property
Authors: Barr Warren , Picton John
Published: September 2022

This chapter provides some examples of the use of trust in everyday life. The way in which trusts underpin much of the modern law of property is often unnoticed or under-appreciated. For instance, the family home is, in most cases, held on trust. While trusts first emerged in an entirely different social environment, they have proved extremely adaptable to modern family and commercial contexts, and they play a key role in the modern law of charities. Those who invest in a pension or a unit trust are likely to find that the underlying assets behind their investment are held under a trust. Persons with considerable wealth may utilize trusts to help in tax planning.
7. Formalities
Authors: Barr Warren , Picton John
Published: September 2022

This chapter looks at situations where the creation of a valid trust requires special formalities. Firstly, it considers inter vivos declarations of trust, such as trusts of land and personal property, as well as sub-trusts. The chapter then discusses dispositions of subsisting equitable interests. Unlike the declaration of sub-trusts, a different formality requirement applies to dispositions of existing equitable interests, which emphasizes that it must be made in writing. There are, however, some exceptions to this rule, particularly in the context of taxation. In addition, this chapter turns to resulting and constructive trusts and declarations of trusts by will.
10. Constructive trusts
Authors: Barr Warren , Picton John
Published: September 2022

This chapter turns to constructive trusts, the second main category in informal trusts. At its simplest, the term ‘constructive trust’ describes the circumstances in which property is subjected to a trust by operation of law. Unlike an expressly declared trust, a constructive trust does not come into being solely in consequence of the express intention of a settlor. Unlike automatic resulting trusts, it does not fill gaps in beneficial ownership. Like presumed resulting trusts, intention can form an important element in its genesis. As such, a constructive trust is a trust which the law imposes on the trustee by reason of their unconscionable conduct.
13. The evolution of rights in the family home
Authors: Barr Warren , Picton John
Published: September 2022

This chapter shows how the laws governing the interests in the family home have developed. It first discusses the deserted wife’s equity, which was one of the first attempts to provide an answer to a dispute about the family home. Next, the chapter considers cases regarding proprietary interests in the home, some of which later built up to the present law. It also returns to the topic of resulting trusts, showing how limitations in resulting trust analysis led to the use of common intention constructive trust principles when dealing with ownership of the family home. This form of constructive trust has the advantage of greater flexibility than resulting trusts with the ability to resolve issues about ownership both at the time of acquisition of the family home and later.
18. Secret trusts
Authors: Barr Warren , Picton John
Published: September 2022

This chapter considers trusts arising where there is a gift in a will but the terms of a trust agreement are not contained in the will itself. Fully secret trusts are created where neither the fact of the trust nor the identity of a beneficiary under the trust is revealed in the will. Half-secret trusts arise where it is made clear in a will that a trust exists but the nature of that trust is not disclosed. This type of arrangement is fraught with evidential and conceptual difficulty. There are varying theories about how they might be justified at law. Secret trusts are now normally understood as coming into operation outside of the operation of the will to which they relate. So, the testator communicates to the secret trustee his intention to subject bequeathed property to a trust. Then, when the settlor dies, the trust is constituted. This theory still leaves open the question as to whether secret trusts are best understood as express or constructive.
19. The role and status of charities
Authors: Barr Warren , Picton John
Published: September 2022

This chapter considers the nature and benefits of an organization gaining charitable status. Charity, in the sense of doing good for one’s fellow man, is often linked with philanthropy, which is the desire to promote the welfare of others. However, the legal definition of ‘charity’ is one that is carefully controlled because of the advantages that organizations which are classed as charities at law enjoy. Nevertheless, it includes a variety of purposes, which affect of the everyday life of citizens. Many people in England and Wales have real, if unknowing, contact with the law of charitable trusts, whether they are putting a small donation into collection boxes or envelopes, putting something into a collection at church, signing a Gift Aid declaration on admission to National Trust properties, contributing regularly through payroll giving schemes, or responding to major disaster appeals.
22. Cy-près: redistributing funds and changing purposes
Authors: Barr Warren , Picton John
Published: September 2022

This chapter discusses ‘cy-près’, which is an application to alternative charitable purposes should a charity cease to operate but still possess assets. One possibility is that the assets should be returned to those who donated them on the basis of a resulting trust, in much the same way as a surplus on the failure of a private trust will return to the original contributors. However, charitable trusts are treated differently from private trusts because they have a public character. The law regards property given for any specific charitable purpose as given not merely to that particular purpose but dedicated to charity in the general sense. It follows that if the particular purpose for which the property was given fails, it will be applied, under a scheme drawn up by the Charity Commission, to other similar charitable purposes and will not return to the donor under a resulting trust.
23. Regulation and control of charitable trusts
Authors: Barr Warren , Picton John
Published: September 2022

This chapter discusses the regulatory system of charitable trusts. In the case of private trusts, the primary task of supervising the trustees and ensuring that they do not abuse their position falls to the beneficiaries. Charitable trusts do not have beneficiaries as such since, by their very nature, they are purpose trusts and an exception to the beneficiary principle, although there may obviously be persons, for example, donors, who are interested in seeing that assets held on trust for charity are properly applied. Historically, charities were supervised and controlled by the Attorney-General, acting on behalf of the Crown. However, this function has largely been replaced by a regulatory system with a statutory footing. The law was revised by the Charities Acts 1993 and 2006, and is further revised by the consolidating Charities Act 2011.
29. Variation of beneficial interests
Authors: Barr Warren , Picton John
Published: September 2022

This chapter considers the variation of beneficial interests. One route is for a trust to include provisions which allow the terms of the trust to be varied by the settlor, or by the trustees, or by a protector, in each case, with or without a requirement of consent by someone else. Variation by the beneficiaries is also explored, as is the surrender of a beneficial interest, the release of a power, the statutory powers of variation, and inherent court powers. The chapter next turns to consensual variation and variation under the inherent jurisdiction of the court. Miscellaneous statutory powers are also discussed. Finally, the chapter gives an overview of the Variation of Trusts Act 1958.
31. Investment
Authors: Barr Warren , Picton John
Published: September 2022

This chapter explores the powers and duties of trustees in relation to investment. It is in the context of investment that the concept of the trust fund is at its most apparent. The beneficiaries are entitled to share in the wealth which the trust assets represent. The component parts of that wealth are very much less important to the beneficiaries than its aggregate value. Thus, the issues which have to be addressed in the context of investment are first, when trustees are permitted to dispose of existing trust assets in order to substitute new assets; second, what assets may be substituted for the original ones; and third, the principles upon which those investments must be chosen. Over these issues, the chapter addresses a fundamental question on what the purpose of investment is.
34. Remedies against the trustee for breach of trust
Authors: Barr Warren , Picton John
Published: September 2022

This chapter examines the nature of liability for breach of trust. Trusts impose obligations on the trustees, and the trustees can be held liable for breach of trust if their failure to meet the obligations imposed upon them causes a loss. The liability of a trustee for a breach of trust is a personal liability, and any remedy is available only against the trustee as an individual, and not against any specific assets. If the trustee in breach has died, their personal liability continues against their estate. There may be separate remedies in relation to any assets retained by the trustee or in the hands of a third party, and different remedies are also available for breach of fiduciary duty.
4. Contracts and informal relations
Authors: Arvind TT
Published: September 2022

This chapter focuses on the requirement that the parties to a contract must have the intention to create legal relations for it to become legally binding. It considers how we decide whether the parties to a particular agreement had the intention to enter into legal relations, showing that English law operates by means of rebuttable presumptions. It then examines cases where the presumption is that the parties did not intend to create legal relations—that they intended their transaction to be merely friendly or social, rather than legal. It also discusses commercial transactions, where the presumption is reversed, and more specifically the types of commercial transactions that are structured to place them outside the bounds of legal enforcement. The chapter includes the case of Balfour v Balfour [1919] 2 KB 571 (CA).
7. Interpreting the terms
Authors: Arvind TT
Published: September 2022

This chapter considers how the courts make sense of contracts whose terms are capable of more than one interpretation. It begins by discussing two broad approaches to construing contracts, both of which have influenced English law and both of which continue to form part of the law: literalism and contextualism. It then examines the role English law currently assigns to literalism and contextualism and how the courts decide which to apply, with particular emphasis on the Investors rule and contextual readings. It also evaluates an alternative remedy known as rectification and concludes with an analysis of the limits of construction and the law of mutual mistake.
10. Fundamental changes
Authors: Arvind TT
Published: September 2022

This chapter examines the doctrines of frustration and common mistake that deal with situations where fundamental changes have occurred. Frustration and common mistake apply to situations where the parties find themselves in uncharted territory. The doctrines ask courts to determine the limits of a contract, the point where the contractual framework runs out and the contract no longer holds. This chapter first considers the impact of ‘unknown unknowns’ on the contract and the distinction between frustration and common mistake before discussing frustrating events and the consequences of frustration. It also describes three types of common mistake that render the contract void: mistakes as to the existence of the subject matter, mistakes as to the possibility of performance, and certain types of mistakes as to the quality of the subject matter. Finally, it looks at the legal consequences of common mistake and remedies for common mistake.
11. Untrue statements
Authors: Arvind TT
Published: September 2022

This chapter examines how English law deals with the problem of untrue statements through the doctrines of misrepresentation and unilateral mistake. It begins with an overview of contractual transactions involving at least some measure of information asymmetry and proceeds by considering the basic principles of the law of misrepresentation. It then considers the three elements of false statements: the absence of general duties to disclose relevant facts, an objective approach to construing ambiguous statements, and a distinction between statements of fact and statements of opinion. It also discusses the remedies available to the representee in the case of misrepresentation, along with two types of unilateral mistakes recognized in law: unilateral mistakes as to identity and unilateral mistakes as to terms. The chapter concludes with an analysis of misleading selling practices and statutory remedies which are available to victims of misleading selling practices under the law of unfair commercial practices.
12. The limits of hard bargaining
Authors: Arvind TT
Published: September 2022

This chapter examines how English law sets limits to hard bargaining through the application of the doctrines of duress and undue influence. It first considers the problem of coercion in contractual transactions and how the doctrine of duress deals with coercion through the use of threats. It then discusses three key elements of duress: the impact of the pressure on the person who was subject to it, the need to prove illegitimacy, and the pressure must induce the decision to contract. It also describes remedies for duress and proceeds with an analysis of the scope and nature of undue influence, the elements of actual undue influence, presumed undue influence, remedies for undue influence, and specific issues that arise in relation to undue influence where third parties are involved. The chapter concludes with an overview of the regulation of aggressive practices.
13. Controlling contract terms
Authors: Arvind TT
Published: September 2022

This chapter examines how the law regulates contract terms, with particular emphasis on rules that are intended to protect weaker parties. It begins with a discussion of the limits of freedom of contract and proceeds by assessing the role played by formal requirements, such as the requirement that contracts be in writing. It then considers how the law regulates contract terms which seek to alter the liability that one party will have in the event of breach. More specifically, it looks at exclusion clauses in the common law and the statutory regulation of such clauses, along with liquidated damages, contractual remedies, and the rule against penalties. It also explores the extent to which consumer protection law restricts the terms that can be included in consumer contracts, especially when dealing with the problem of unfair terms.
18. Privity and third parties
Authors: Arvind TT
Published: September 2022

This chapter examines how English law, through a doctrine known as privity of contract, deals with the problem posed by contracts whose performance involves third parties. According to the doctrine of privity, a contract ordinarily only affects persons who are party to it. Third parties are neither bound by the contract nor entitled to claim rights under the contract. However, the courts and Parliament developed a number of exceptions to the strict rule of privity, each of which gives third parties a right to sue under the contract in a certain type of situation. For example, the Contracts (Rights of Third Parties) Act 1999 gives third party beneficiaries a right to enforce contract terms. This chapter first considers the problem of third party rights in contracting before discussing the effects of privity and the provisions of the Contracts (Rights of Third Parties) Act 1999 in more detail.
3. Creation of Legal and Equitable Rights in Land
Authors: Bogusz Barbara , Sexton Roger
Published: September 2022

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 changes made by the 1925 legislation. It covers legal estate and interests prior to 1925; s1 Law of Property Act 1925; legal estates and interests existing after 1925; and equitable interests after 1925. The creation of legal and equitable property rights is discussed; also the creation and transfer of legal property rights; the creation of equitable interests in land by express trust; the creation of equitable interests by contract to convey or create a legal estate or interest; treating an informal grant of rights in land as a contract, thus creating an equitable interest in land; grant of an estate or interest by someone with only an equitable interest; and grants of interests which can exist only in equity.
5. Registration of Title—the Basic Principles
Authors: Bogusz Barbara , Sexton Roger
Published: September 2022

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles which govern the substantive registration of estates in land. It covers registration of title (the mirror principle, the curtain principle, and the insurance principle); the form of the register (the property part, the proprietorship part, and the charges part); categories of rights in registered land; first registration of title; procedure where a sale or lease gives rise to first registration; grades of title; land certificates; conclusiveness of the register; dispositions of registered titles; and procedure on transfer of a registered title.
12. Obligations in Leases
Authors: Bogusz Barbara , Sexton Roger
Published: September 2022

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the obligations of landlords and tenants in leases. It covers implied landlord’s covenants; repairing covenants; the scope of ‘repair’; Homes (Fitness for Human Habitation) Act 2018; remedies for breach of the landlord’s covenants to repair, such as specific performance, appointing a receiver, damages; tenant’s express and implied covenants; covenants against assigning, subletting, and parting with possession; absolute and qualified covenants; and remedies against a tenant in breach of repairing obligations.
13. The Running of Covenants in a Lease
Authors: Bogusz Barbara , Sexton Roger
Published: September 2022

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 addresses issues stemming from the following question: if a tenant assigns their lease, or sublets, and/or a landlord sells their fee simple, who is now entitled to enforce the various terms of the lease, and against whom can they be enforced? The discussions cover the liability of original parties after assignment in pre-1996 leases; the Landlord and Tenant (Covenants) Act 1995; position of equitable leases; and the position of subtenants and head landlords.
18. The Creation of Express and Implied Grant of Easements
Authors: Bogusz Barbara , Sexton Roger
Published: September 2022

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 rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits), which includes ways of necessity, intended easements, the rule in Wheeldon v Burrows, and s62 of the Law of Property Act 1925; implied reservation of easements covering necessity and intended easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.
21. Escaping from Restrictive Covenants
Authors: Bogusz Barbara , Sexton Roger
Published: September 2022

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 options available to developers whose plans are obstructed by restrictive covenants. It covers ignoring restrictive covenants; attempting to buy out the dominant owners; identifying who can enforce a restrictive covenant; obtaining a definitive list of dominant owners; modification or discharge of a covenant under s84(1) of the Law of Property Act 1925; grounds for discharge or modification of restrictive covenants (obsolete, obstructs some reasonable user of the land, practical benefit, and public interest); and balancing interests of the parties.
3. Law, Equity, and Human Rights
Authors: George Martin , Layard Antonia
Published: September 2022

In addition to the concepts of tenure and estates, another fundamental aspect of England’s Land Law is the impact of equity. The intervention of equity was originally based upon the need to enforce obligations of conscience and to redress defects in the common law, and also gave rise to the trust. But while the trust might be equity’s greatest creation, the intervention of equity also addressed other areas of Land Law where the common law position was considered to be defective or oppressive. A notable example is the law of mortgages. Aside from modifying the common law, equity also recognized other rights that did not result in the beneficial entitlement to the land. This chapter discusses the historical basis of equity in England, the creation of equitable rights, the enforceability of equitable and legal rights, and human rights.
5. Registration of Title
Authors: George Martin , Layard Antonia
Published: September 2022

The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third-party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.
6. Adverse Possession
Authors: George Martin , Layard Antonia
Published: September 2022

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This is not true, however, under the Land Registration Act 2002, and so this chapter deals with 1) the question of how adverse possession is established in all cases, and 2) the question of the effect of an adverse possession claim in both the unregistered and registered systems.
7. Acquisition of Interests in the Home
Authors: George Martin , Layard Antonia
Published: September 2022

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety for courts, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, recent case law on trusts of the family home and the nature of inference and imputation under a constructive trust, and reform of the law on co-ownership.
10. Mortgages
Authors: George Martin , Layard Antonia
Published: September 2022

A mortgage is a form of security for a loan, the purpose of which is often to finance the purchase of a house. This type of mortgage is known as acquisition mortgage. The house can also be used as security for other borrowing (for example, to pay for an extension to a house) or to finance a small business. Such mortgages are generally termed second, or even third, mortgages. The person who creates the mortgage is called the mortgagor and the person in whose favour it is created is called the mortgagee. The mortgagee is a secured creditor and can transfer the mortgage to another person. This chapter, which focuses on the nature of mortgages and how they are created, also discusses the role of mortgages, types of mortgage, rights of the mortgagor, rights and remedies of the mortgagee, the question of undue influence, and priority of mortgages.
11. Easements
Authors: George Martin , Layard Antonia
Published: September 2022

An easement is a form of third-party right that allows one to enjoy the benefits of land ownership. Some examples of such rights are rights of way, rights of light, the right to use a washing line on a neighbour’s land, the right to use a neighbour’s lavatory, and the right to park a car on another person’s land. The easement must exist for the benefit of land and cannot exist in gross. This chapter, which explores the nature of easements and considers their related concepts such as natural rights, public rights, restrictive covenants, and licences, also discusses legal and equitable easements, the creation of easements, and proposals for reform of the law on easements.
12. Freehold Covenants
Authors: George Martin , Layard Antonia
Published: September 2022

People who wish to develop their land, or build upon it, must obtain planning permission, applications for which are made public and those who may be affected by the action may make representations. The law governing this area is a highly complex one and involves the public control of land use. Private control of land use involves landowners seeking to regulate how land is used within a particular locality. This chapter deals with covenants made between freeholders and how successors in title to the original parties to the covenant can either acquire the benefit of a covenant or take subject to the burden of it. It first discusses the privity of contract before turning to the transmission of covenants, common law, equity, and restrictive covenants, and also considers remedies available in case a breach of covenant arises, discharge of covenants, and positive covenants.
14. Licences
Authors: George Martin , Layard Antonia
Published: September 2022

Licences have long occupied something of an amorphous position; they are not admitted to the category of full proprietary rights, but provide an interesting area where the law seeks to afford protection to licensees against both the licensor and, in certain circumstances, a purchaser of land. It is an area of law where the courts have had to come to terms with informal relationships and seek to accommodate the conflicting pressures of the satisfaction of legitimate expectations, on the one hand, and the desire for security of transactions on the other. This chapter covers the different types of licences, and particularly the contractual licence, as well as the question of revocability. The chapter also analyses judicial attempts to make contractual licences binding upon transferees in equity, and the subsequent retreat from those attempts.
Holding the Sacred Accountable: The Dynamics of the State–Religion Relationship and Media Freedom
Authors: Sandal Nukhet , Whitten-Woodring Jenifer
Published: September 2022

How does government involvement in religion affect media freedom? One of the primary roles of independent news media is to hold government accountable, but will governments with official policies for or against religion accept this check on power? This study investigates the effect of government involvement in religion on media freedom. Previous empirical studies have shown that authoritarian regimes may tolerate free media in order to remain informed about lower level bureaucratic performance and potential rebellion, but we hypothesize that states with greater involvement in religion are more likely to control news media because freedom of the press may be seen as a political threat to their ideological authority. Using a multimethod approach, we test our hypothesis with a statistical analysis across countries from 1991 to 2014. We find that government involvement in religion does have a negative effect on media freedom. We then put these findings in context with a case illustration of the changes in media freedom in Greece, a democracy with a high level of government support for religion.