bluuebunny/crossref_metadata_2025 huggingface dataset:
18. Performance and Breach
Authors: Furmston M P
Published: August 2017

This chapter discusses the law on performance and breach of contact. It covers the order of performance; excuses for non-performance; whether a party who does not perform perfectly can claim payment or performance from the other party; whether an innocent party who has paid in advance can recover his payment in the event of a failure of perfect performance; whether the innocent party can terminate the contract; the effect of a repudiation or a fundamental breach; the effect of discharging the contract for a bad reason, when a good reason also exists; contractual provisions for termination; stipulations as to time; and tender of performance.
19. Discharge by Agreement
Authors: Furmston M P
Published: August 2017

This chapter discusses the law on discharge by agreement. An agreement by the parties to an existing contract to extinguish the rights and obligations which have been created is itself a binding contract, provided that it is either made under seal or supported by consideration. Consideration raises no difficulty if the contract to be extinguished is still executory, for in such a case each party agrees to release his rights under the contract in consideration of a similar release by the other. The discharge in such a case is bilateral, for each party surrenders something of value. Unilateral discharge occurs when the contract to be extinguished is wholly executed only on one side – as for instance where a seller has delivered the goods but the buyer has not paid the price. A unilateral discharge is usually ineffective unless it is made under seal or unless some valuable consideration is given by the buyer. Difficult problems arise where the agreement is designed to vary the contract.
20. Discharge Under the Doctrine of Frustration
Authors: Furmston M P
Published: August 2017

This chapter begins with a discussion of the nature and rationale of the doctrine of frustration. It then explains the operation of the doctrine, covering the effect when parties expressly provide for the frustrating event; how a party cannot rely upon self-induced frustration; and the controversy as to whether the doctrine of frustration applies to a lease. The chapter then turns to the effect of the doctrine, covering the Law Reform (Frustrated Contracts) Act 1943 and contracts excluded from the Act.
21. Remedies for Breach of Contract
Authors: Furmston M P
Published: August 2017

This chapter discusses remedies for breach of contract. It covers damages (remoteness of damage and measure of damages; mitigation; contributory negligence; liquidated damages and penalties; and deposits, part payments, and forfeitures), specific performance (specific performance a discretionary remedy; the principle of mutuality; and the remedy of injunction), and extinction of remedies (the statutory time limits; effect of defendant’s fraud; extension of time in case of disability; effect of acknowledgement or part payment; and effect of lapse of time on equitable claims).
10. Access to environmental justice and the role of the courts
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter considers the ability of individuals to seek redress to resolve environmental disputes and the role played by the courts. First, the chapter considers the reasons why some disputes end up in the courts before focusing on the main institution of judicial redress in the form of judicial review. Focus includes discussion of likelihood of success before the courts and the usefulness of judicial review in environmental cases. Specifically, the chapter focuses on the problem encountered by litigants in respect to the exorbitant costs associated with judicial review and the attempt by the Government to address this. The chapter also briefly considers the provisions for access to justice in private law as well as before the Court of Justice for the EU before considering alternative mechanisms for compliance, including the debates surrounding the need for a special environmental court.
12. Town and country planning
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter discusses the UK system of town and country planning, which plays a central role in environmental law because of its enormous importance in relation to locational issues, as well as in determining how much of any particular activity is allowed in any place and the intensity of such development. However, town and country planning is not only about environmental protection: it has a wider role in organizing economic development. In balancing economic, political, social, and environmental factors to do with development in a democratic context, it ought to be a key mechanism for making development more sustainable. The chapter deals with town and country planning law, rather than the role of planning-type mechanisms in general. The law now requires various plans relating to the environment, such as the national strategies for air and waste, and river basin plans for water quality regulation, while there are also non-statutory plans, such as local transport plans, and informal plans, such as local Environment Agency plans.
13. Environmental assessment
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter looks at the international, European, and national laws relating to environmental assessment, and the explosion of litigation that has occurred over the years. Environmental assessment has emerged as one of the key environmental law mechanisms. Its essence is that information about likely environmental impacts of things such as development projects, and now also plans and programmes, is properly considered before potentially harmful decisions are made. It can be useful to think about environmental assessment in the context of some wider issues of environmental decision-making. Another basic issue addressed here is one that frequently crops up in environmental assessment law; namely, the tension between adhering strictly to procedural rules and adopting a pragmatic approach to decisions that are considered sensible.
14. Environmental permitting and integrated pollution prevention and control (IPPC)
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter deals with the latest in a long series of attempts to streamline or integrate various industrial pollution control systems—a regime that began by bringing together integrated pollution prevention and control and waste management licensing but which now extends to water and groundwater discharge permits and controls on radioactive substances. The environmental permitting regime provides a broad, largely procedural, framework within which the substantive provisions of various European Directives are implemented across a range of industrial installations and waste management facilities. As such, it introduces few general changes of substance, merely reflecting, as many integrative measures have done, structural and administrative changes, and a reordering of what was already there.
19. The conservation of nature
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter looks at the laws that aim specifically to protect plants, animals, the natural habitats—and, increasingly, the ecosystems—of which they are a part. This is an important part of environmental law, not least because of the appalling rate of decline in, and loss of, the natural environment, but also due to the obvious public interest in conserving biodiversity. Using the law to conserve nature, however, involves finding solutions to some complex policy issues. Finding space for species and habitats to be conserved often clashes with other legitimate social interests, such as economic development and respect for private property. These tensions—which mean that nature conservation law can be a controversial policy area—are a central theme of the chapter.
Additional chapters on the Online Resource Centre
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

Three chapters of the book are not contained in the print version but can be found on the Online Resource Centre which accompanies the book, at www.oxfordtextbooks.co.uk/orc/bell9e/. The following short summaries indicate the scope of these chapters.

This chapter looks at the legal protection and management of various features of the UK countryside—that is, its landscape, trees, forests, and hedgerows. This involves applying some controls considered earlier in the book, such as town and country planning law, but it also includes legal designations of areas of landscape value and the use of a range of tools including economic instruments, especially grants and subsidies to landowners....
International Law
Authors: Henriksen Anders
Published: August 2017

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading, and discussion questions highlight the essential points. Topics covered include sources of international law, the law of treaties, actors, and jurisdiction. The text also looks at human rights, environmental law, economic law, dispute settlement, the use of force, and armed conflict in an international law setting.
11. International economic law
Authors: Henriksen Anders
Published: August 2017

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations, and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law, and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.
13. The international regulation of the use of force
Authors: Henriksen Anders
Published: August 2017

This chapter discusses the regulation of when and for what purpose a state may use force against another state — jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in Article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.
4. Making a Will: Capacity and Intention
Authors: Sloan Brian
Published: August 2017

This chapter discusses the capacity and intention required to make a valid will. To have capacity means that a person is legally competent to make a will. To be competent, the testator must have attained the required minimum age and must possess the necessary level of mental competence. A will is also invalid unless the testator had the intention to make it — he must have the animus testandi when he executes the will. More specifically, the requirement is that the testator must have intended that his wishes — as expressed in the appropriate form — should take effect on his death. It follows that these wishes must be entirely the result of his volition: the testator must know and approve of the contents of his will. Hence. animus testandi can be vitiated by factors such as fraud, mistake, undue influence, or failure to understand fully the dispositions in the will.
11. Administration
Authors: Sloan Brian
Published: August 2017

This chapter discusses the basic essentials of the law of administration. It addresses two central questions: Who administers the deceased's estate? What does administration entail? It is the deceased's personal representatives who administer the estate, either executors or administrators. Executors are the representatives appointed by the testator under his will (usually) to administer his estate. Administrators, on the other hand, are appointed by the court. This occurs where the deceased died intestate or, less frequently, where there was a will but no proving executor. The administration of the estate entails principally obtaining a grant of representation — a grant of probate in the case of a will, a grant of letters of administration in an intestacy — collecting and managing the assets of the estate, paying the debts and liabilities, and distributing the net estate according to the testator's will or the rules of intestacy.
1. Employment status
Authors: Jefferson Michael
Published: August 2017

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 concept of employment status. Topics covered include the reasons for distinguishing employees from other types of worker; statutory definitions of employee and worker; and the courts’ approach to identifying employees.
3. Pay
Authors: Jefferson Michael
Published: August 2017

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 employee wages. An employer may be required to pay wages even if there is no work for the employee to do. Part II of Employment Rights Act 1996 deals with the protection of wages. The National Minimum Wage Act 1998 (NMWA) provides a minimum hourly wage for workers.
3. Separation of Powers— An Introduction
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter explains the separation of powers doctrine, first describing the three branches of government: the legislative, judicial, and executive. It then discusses why separation of powers is needed, different conceptions of separation of powers, and separation of powers in the UK.
4. UK Central Government
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter discusses what the executive branch of government is and what it does (with particular reference to the UK central government); how it relates to other branches of government—with particular reference to its relationship with Parliament; how it is held accountable, both politically and legally; the institutions and constitutional actors that make up the modern UK executive; and the considerable powers which it has at its disposal. It shows that the executive plays a pivotal role in the British constitution today, and that there are real concerns about whether it enjoys too much power—and about whether that power is subject to adequate oversight and control.
6. The Judiciary
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter, which focuses on the judiciary, discusses the structure of the judicial system, the role of the judiciary, and the characteristics of the judiciary.
9. Good Governance—An Introduction
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter explains the meaning of good governance and why it is important to uphold the standards of good governance, first discussing the standards of good governance, which include governing in the public interest; governing transparently; respecting the dignity, rights, and interests of individuals; and governing competently. It then turns to the concept and types of accountability, covering political accountability, legal accountability, and administrative accountability and audit.
11. Judicial Review—An Introduction
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter provides an introduction to the concept of judicial review. It discusses what judicial review is and is not about; the nature of administrative law; the relation of judicial review to three key themes crucial to understanding the modern British constitution—accountability, political and legal constitutionalism, and demarcation disputes in the multilayered constitution; and the constitutional basis of judicial review.
19. Freedom of Expression
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter examines the nature of free speech, first addressing the question of why free speech must be protected. It then discusses Article 10 of the European Convention on Human Rights (ECHR), media freedom, defamation, criminal offences, privacy, and official secrecy.
2. The Court System and Alternative Dispute Resolution
Authors: Jones Lucy
Published: August 2017

This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.
4. The Nature of the Agreement: Offer and Acceptance
Authors: Jones Lucy
Published: August 2017

This chapter discusses the nature of contracts, the essential elements of a valid contract, and issues in contract law. A contract is a bargain, made between two or more persons, which is legally binding. The essential elements of a valid contract are the following: agreement (offer and acceptance of definite terms); consideration (a promise to give, do, or refrain from doing something in return for a similar promise); an intention to create legal relations (usually presumed in a business transaction); compliance with required formalities where applicable; and capacity to contract. This chapter discusses in detail the principal rules relating to offer and acceptance. It considers the making and termination of offers in unilateral and bilateral contracts. It explains the rules relating to communication and methods of acceptance of offers and discusses the making of contracts via the internet.
17. Company Law II Company Officers and Liabilities
Authors: Jones Lucy
Published: August 2017

This chapter discusses the rules relating to the officers of a company. It considers the meaning of ‘director’ and the position of the Board of Directors. It examines the appointment, retirement, and removal of directors and considers the powers of directors and their authority to act on behalf of the company. The chapter examines the general duties of directors, including the codified duties under the Companies Act 2006, and considers the effect of a breach of those duties. The appointment and the role of a company secretary and company auditors are examined. The chapter concludes with a discussion of the meaning of corporate governance.
4. Judicial Independence
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the notion of judicial independence. It discusses the Constitutional Reform Act 2005 and its provisions reforming the office of the Lord Chancellor, establishing a new Supreme Court, and restructuring judicial appointments. Judicial diversity and discipline, along with further change to the judicial appointments process, are also considered. The chapter also considers the accountability of the judiciary to Parliament and the public, and the relationship between judicial independence and parliamentary privilege.
11. The Availability of Judicial Review
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the availability of judicial review and its significance in the constitution. First, it considers the claim for judicial review and the exclusivity principle. It determines who can apply for judicial review and against whom and in respect of what activities judicial review may be sought. Next, it examines the discretionary nature of the remedies available in judicial review proceedings, including how the courts exercise this discretion. The chapter concludes with an examination of the courts' response to legislative attempts to exclude or oust judicial review.
12. Ombudsmen
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the institution of the ombudsman, its origins, the conditions of access and the jurisdiction of the parliamentary and local government ombudsmen. It also considers the meaning of injustice in consequence of maladministration with which the ombudsmen are concerned. The chapter also reviews how ombudsmen investigate and resolve complaints and seek improvement, as well as the outcome of investigations and remedies recommended by the ombudsman. Finally, the chapter discusses the process developed by the ombudsmen in dealing with dissatisfied complainants.
5. Defences to Negligence
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores three defences to negligence which are also defences to other torts: volenti non fit injuria or willing assumption of risk, the illegality defence (also known as ex turpi causa), and contributory negligence. In relation to contributory negligence, the chapter considers responsibility, which involves questions both of causal influence and of fault, before turning to a discussion of apportionment of responsibility between the parties, and proportionality. In relation to illegality, recent decisions of the Supreme Court are examined.Relevant provisions of the Law Reform (Contributory Negligence) Act 1945 are extracted, together with further extracts from significant cases.
7. Limitation and Contribution
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the principles of contribution and their effect on the remedies that can be obtained by a successful claimant, as well as the statutory rules of ‘limitation’ that govern the time-barring of claims. The liability of more than one party for ‘the same damage’ is discussed, together with the apportionment of responsibility for the damage. Relevant provisions found in the Civil Liability (Contribution) Act 1978 and the Limitation Act 1980 are also considered.
10. Nuisance
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with two forms of action in nuisance: public nuisance and private nuisance. It begins by considering the basis of liability in private nuisance and the difficulties presented by cases of overlap between negligence and nuisance. It also discusses the relationship between private and public interests and the relevance of the Human Rights Act 1998. The chapter concludes by assessing the role of community or public interest in nuisance actions, particularly in relation to remedies. Relevant court cases are cited where appropriate.
11. Rylands v Fletcher and Strict Liability
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter analyses the rule in Rylands v Fletcher on liability for damage done by the escape of dangerous things accumulated on one’s land, regardless of fault. It considers the problem in overlap between negligence and strict liability, and how the tort of negligence can impose liability in situations far removed from cases of individual fault, including the situations covered by Rylands v Fletcher. After providing an overview of the case of Rylands v Fletcher and the origins and elements of the rule, the chapter looks at the rule and its categorization and boundaries today, paying particular attention to two major English cases that treat Rylands as an aspect of nuisance: Cambridge Water Company v Eastern Counties Leather plc and Transco v Stockport MBC. Finally, it examines the Australian High Court’s decision in Burnie Port Authority v General Jones Pty Ltd.
14. Privacy
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the emergence of a new action to protect privacy under the Human Rights Act 1998, with particular reference to unjustified publication of private information. It begins by considering whether privacy is a protected interest at common law and whether privacy must be recognised and given protection through the law of tort. It then examines the tools which have been used in the partial absorption of privacy as a protected interest in common law, citing the provisions of the Human Rights Act 1998 and Article 8 of the European Convention on Human Rights. The controversies surrounding disclosure of private information and the power of injunctions are also considered, along with the issue of intrusion as an invasion of privacy.
15. Product Liability
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the statutory strict liability for damage arising from defective products as set out in the Consumer Protection Act 1987 and the EEC Directive on Product Liability. It begins by considering the apportionment of risks associated with products and the development risks defence before turning to similarities between statutory liability and common law liabilities based on negligence and on strict liability. It then looks at the reasons why it is misleading to consider ‘product liability’ in isolation and the concept of defectiveness.
16. Breach of Statutory Duty
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the action for breach of statutory duty, an action in tort meant to remedy harm caused by a breach of the duty. It first considers the distinctiveness of the tort of breach of statutory duty, with particular reference to the question of whether the breach gives rise to liability at common law. It then looks at case law involving civil liability for breach of industrial safety, citing Groves v Wimborne (Lord) [1898] 2 QB 402 and its significance in the context of workplace injuries. It also discusses cases dealing with ‘social welfare’ legislation and ‘public law duties’ as well as civil liberties before concluding with an assessment of the effect of the restrictive approach to the action for breach of statutory duty on the tort of negligence.
1. Crime: definitions and conflicting images
Authors: Jones Stephen
Published: August 2017

This chapter describes the subject matter of criminology as self-evident. Both etymologically and in the largely unquestioning view of early positivists, criminology concerns the content and application of the criminal law of whatever society is under consideration. Such a definition has the advantage of precision: criminologists do not have to worry about the scope of their subject, as the legislature and, in some countries, the judiciary, has fixed it for them. Yet, such a definition is ultimately unsatisfactory for a number of reasons. Inevitably, there are differing views about what should amount to a criminal offence among individuals in the same society. This is where positivists usually draw the line and insist on confining themselves to the legal definitions, although even they must concede that this divergence indicates that the content of the criminal law is not set in stone.
2. The statistics on crime and their meaning
Authors: Jones Stephen
Published: August 2017

This chapter discusses crime statistics, which, as with any other form of statistical information, are often referred to by the media as if they provide a true measurement of crime. It is now increasingly accepted that criminal statistics provide a deficient guide to both the level of crime and trends in criminal behaviour. There has been a massive increase in the amount of statistical information promulgated about crime in the last few years. This reflects in part the greater sophistication in statistical techniques, but is mostly a consequence of the growing political interest in the criminal justice system and an accompanying call for greater accountability and openness. However, there are some facts that appear incontrovertible from all measurements of crime in England and Wales.
3. The media and ‘law and order’
Authors: Jones Stephen
Published: August 2017

This chapter presents that fact that, in Britain, most of the information that people receive about crime is second-hand. As relatively few people are victims of serious crime, the offending images that are formed in the minds of the majority largely come from reports and discussions in the mass media. Indeed, with growing urbanisation, it is increasingly necessary to rely on the media to find out what has been happening in one’s own neighbourhood. The chapter considers whether the mass media’s reporting of crime has a significant impact on people’s daily lives and their attitudes to ‘law and order’ issues. There is also a body of research evidence suggesting that media portrayals of violent crime may inspire some people to engage in ‘copycat’ incidents.
7. Subcultural theories
Authors: Jones Stephen
Published: August 2017

This chapter discusses Robert Merton’s anomie theory, which indicated several possible forms of reaction by individuals who had suffered from the strain of being unable to attain society’s ultimate goal by the institutionalised means made available to them: typically, regular, productive work. For some, the reaction could involve engaging in deviant or criminal behaviour. Merton’s approach was adopted and modified by other sociologists and criminologists who were interested in studying the behaviour of groups—usually of young people—within a society, which deviate from or totally reject the views of the majority. Such groups are referred to by sociologists as subcultures. The use of the term ‘subculture’ has largely centred on juvenile delinquent gangs. This restriction is unfortunate because subculture is a sociological concept that has a wide application, and the relationship with the emotive topic of gangs has, in many ways, proved to be counterproductive.
11. Theories of control
Authors: Jones Stephen
Published: August 2017

This chapter discusses the significance of control in the operation of society, which has been recognised by philosophers and writers for many centuries. Control is an aspect of most theories of crime and deviance, but it has not, until comparatively recently, been studied in its own right as a significant causal feature of crime and deviance. One possible reason for this is that criminologists were reluctant to research into ideas that so clearly support discipline and regulation, particularly in the liberal climate of the early 1960s. Also, the pathological undertones of the theory were unappealing to the sociologists who had largely come to replace the psychologists at the forefront of criminological writing. Furthermore, perhaps the importance of control was thought to accord with general common sense, and criminologists, in attempting to provide a mystique in order to have their discipline taken more seriously, preferred to concentrate on less-obvious phenomena.
12. Gender and crime
Authors: Jones Stephen
Published: August 2017

This chapter discusses the extensive consideration given to the different roles played by men and women in the commission of crime. Feminist writers first highlighted the fact that most criminologists, in assuming that crime is a male phenomenon, had largely ignored female crime. If it was discussed at all, the focus was on the biological given of sex rather than the social construction of gender. A number of writers have also started to consider the part that different assumptions of male gender roles-‘masculinities’-play in the commission of crime. Different explanations have been offered for the earlier neglect of women’s crime. One reason may be that official criminal statistics have routinely shown that women are convicted of crimes to a far lesser extent than men.
13. Biological factors and crime
Authors: Jones Stephen
Published: August 2017

This chapter presents the idea that criminals can be distinguished from the rest of the population by some unusual physical or biological characteristic that renders them inferior. Havelock Ellis cites a law in medieval England that stated that ‘If two persons fell under suspicion of crime, the uglier or more deformed was to be regarded as more probably guilty.’ When Socrates was on trial, a study of his face conducted by a physiognomist was ordered; this showed that he was cruel and inclined to drunkenness. Physiognomy, which is the assessment of character from facial features, in due course, gave way to phrenology. Phrenology held that the workings of the mind are related to the shape of the brain and skull, and that measurement of bumps on the skull can provide an indication of personal characteristics.
14. Intelligence, mental disorder and crime
Authors: Jones Stephen
Published: August 2017

This chapter presents the concept of mental disorder in contrast with the possible physiological influences in criminal behaviour. The idea behind the concept is that the underlying causes are not physical in nature, but are due to the workings of the ‘mind’. The chapter begins with a consideration of whether differences in individuals’ cognitive capacity-or, as it is usually called, intelligence-can have any bearing on the likelihood of their acting in an antisocial manner. It also discusses the definition of ‘learning disability’, a legal classification defined as a state of arrested or incomplete development of the mind, which includes significant impairment of intelligence and social functioning.
2. Finding legislation
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter explains how to find domestic legislation, i.e., statutes, statutory instruments, and EU legislation both online and in a law library. The chapter also explains how to determine whether there is any statute law on a particular topic and how to work out whether a piece of legislation is in force. The chapter closes by explaining how to find the official current text of the European Convention on Human Rights.
3. Using legislation
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter discusses how to use legislation. It first looks at the ‘anatomy’ of an Act of Parliament and describes each of its composite parts. It then considers the various means by which the courts can interpret the wording of statutory provisions, including a discussion of the impact of the European Communities Act 1972 and the Human Rights Act 1998.
9. Study skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter focuses on the skills needed to study law. It begins by describing how a law degree is structured and what sorts of activities students are likely to take part in as part of that degree. It then discusses lectures, seminars and tutorials, note-taking, working with others, time management, learning from feedback, and personal development planning.
18. Mooting skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter provides a step-by-step guide to assist students through the process of preparing and delivering a moot argument with reference made to associated issues, such as conducting legal research and production of a skeleton argument. It highlights the aspects of mooting that students often find worrying or difficult, such as formulating a flowing argument, developing a confident oral presentation style, and dealing with judicial interventions. The chapter is a general guide that will be invaluable for preparation of any moot but a sample moot is used throughout as a source of specific explanation and illustration.
19. Negotiation skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter provides an introduction to the skills needed to prepare for and conduct an effective negotiation, including the research process and different negotiation styles. It also considers the problems that can arise during negotiation and outlines a range of strategies that can be used to overcome them. In essence, it is a step-by-step introduction for those with no previous negotiation experience as well as a source of advice for the more experienced negotiator. A range of examples is used to demonstrate the skills involved in negotiation.
Kidner's Casebook on Torts
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
2. Duty of care: basic principles
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter sets out the basic principles of negligence. Duty is one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage was not too remote a consequence of the act. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant such that he came under an obligation to use care towards him. This relationship is sometimes referred to as ‘proximity’. The chapter presents cases to illustrate the meaning of proximity. It also discusses the unforeseeable claimant problem and policy factors.
11. Product liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter deals with damage caused by defective products. It considers two separate legal regimes. The first is the ordinary law of negligence, and the second is the system of strict liability introduced by the Consumer Protection Act 1987, as required by a European Directive (85/374/EEC). The latter is limited to personal injuries and to damage to private property, so there are still many cases where a claimant has to rely on negligence. Also, the Act applies only to certain kinds of defendants (‘producers’), and a claimant will need to use negligence if, for example, he is injured by a defectively repaired product. One important point is that both systems apply only to damage to goods other than the defective product and not to damage which the defective product causes to itself: that is a matter solely for the law of contract.
15. Defamation
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter focuses on defamation. It examines the Defamation Act 2013 and explains who can sue for, and be liable in, defamation, when a statement is ‘defamatory’ and innuendo. It also considers the defences of truth, honest opinion, publication in a matter of public interest and privilege. It concludes with a discussion of damages for defamation.
2. Introduction to the tort of negligence
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter traces the historical development of the tort of negligence. It outlines the essential ingredients of a claim in negligence—a duty of care, a breach of that duty and the damage caused by that breach—before going on to explore these in practice through a close examination of the first instance judgment in X & Y v London Borough of Hounslow [2008].
3. Duty of care: basic principles
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter traces the development of the duty of care. It considers the various general tests developed and used by the courts in order to establish when a duty of care is owed. In novel cases where there is no existing precedent, since the decision of the House of Lords in Caparo Industries v Dickman [1990], the defendant will owe the claimant a duty of care only where there are positive reasons for them to do so (either because the circumstances of the case are very similar to another where a duty is already owed or because there is sufficient proximity and foreseeability between the parties and the harm suffered to make it fair, just and reasonable to impose a duty).
4. Special duty problems: omissions and acts of third parties
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter examines two separate but closely linked concepts of liability for omissions and for the actions of third parties. The first section considers when and how the courts have found that a duty of care should be owed by defendants when the harm was the result of their omission, and the second explores the situations when a defendant may owe a duty in relation to the action(s) of a third party.
5. Special duty problems: psychiatric harm
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter begins by explaining the meaning of psychiatric harm. It then discusses the general exclusionary rule; the distinction between ‘primary’ and ‘secondary’ victims; and other circumstances where the law recognises victims of psychiatric harms as having a claim in negligence (rescuers, involuntary participants, communicators of shocking news, self-harm by the defendant and ‘assumption of responsibility’ cases).
15. Intentional interferences with the person
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter examines intentional interferences with the person, including the torts comprising trespass to the person—battery, assault and false imprisonment—the tort in Wilkinson v Downton, and the statutory tort of harassment. The trespass to the person torts seek to protect an individual against an infringement of their personal or bodily integrity, that is, against the infliction, or fearing the infliction, of unlawful force (battery and assault) and the unlawful restriction of a person’s freedom of movement (false imprisonment). The three trespass to the person torts have the same characteristics: the defendant must have intended both the conduct itself and consequences of their action; the defendant’s action must cause direct and immediate harm; and they are actionable per se, that is, without proof of loss. The chapter also considers the tort in Wilkinson v Downton, which provides a remedy for physical and psychiatric harm deliberately caused by a false statement, and the Protection from Harassment Act 1997, which imposes both civil and criminal liability for harassing conduct.
20. Vicarious liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship between the defendant and the person for whose actions they are being held liable; (b) the employee committed the tortious act while acting in the course of their employment.
The English Legal System
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

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, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.
1. The English Legal System
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.