bluuebunny/crossref_metadata_2025 huggingface dataset:
26. Anticipatory breach of contract
Authors: Davies Paul S.
Published: August 2018

This chapter examines the doctrine of anticipatory breach, which occurs where, before the time comes for A to perform his part of the contract, A declares that he is not going to do so. This repudiation of the contractual obligation is itself a breach of contract. The innocent party may choose to either accept or reject an anticipatory breach. If he accepts, the contract is terminated and the innocent party can sue for damages immediately. If the anticipatory breach is rejected, then the contract remains on foot. If the innocent party elects not to accept the breach and to keep the contract alive, then he may proceed to perform his side of the bargain and sue for the contract price. However, it appears that this action for the agreed sum, or action in debt, may not succeed if the innocent party had no ‘legitimate interest’ in taking such steps.
28. Agreed remedies
Authors: Davies Paul S.
Published: August 2018

This chapter focusses on remedies agreed by the parties for breach of contract. Parties may wish to include a term in the contract which dictates what should happen in the event of breach of contract. If the term states that a certain amount of money should be paid upon breach, that term might be valid as a liquidated damages clause or unenforceable as a penalty. If the amount chosen is a genuine pre-estimate of loss, or is ‘commercially justified’, then it is likely to be valid. If the defaulting party had already paid money to the innocent party as a deposit, the innocent party may be able to forfeit that deposit. A term stipulating that specific performance or an injunction will be granted upon breach will not bind the court. However, the court may take into account such a term when deciding whether to exercise its equitable discretion.
5. Consideration and estoppel
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores and defends the consideration requirement in the enforceability of contractual obligations, both when the contract is formed and if it is varied, refuting some of the criticisms calling for the requirement of consideration to be reformed or abolished in English law. It defines consideration as the ‘price of the promise’ and clarifies that an act or promise must have been requested by the promisor to count as consideration. It explores issues such as past consideration, performance of an existing contractual duty, part payment of a debt, for which latter issue the common law rule is ameliorated by the equitable doctrine of promissory estoppel.
9. Misrepresentation and non-disclosure
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines issues related to pre-contractual misrepresentation, which is a vitiating factor. It explains what counts as an actionable misrepresentation and discusses its distinction with the treatment of non-disclosure. It explores the elements for an actionable misrepresentation and the test of cause/reliance. It considers the remedies for misrepresentation, namely rescission which involves setting the contract aside and restoring the parties to the pre-contractual position, and damages, which are available at common law for fraudulent misrepresentation and under the Misrepresentation Act 1967 for other misrepresentations unless the misrepresentor can discharge the burden of reasonable grounds for belief. This chapter also explains that any clause that purports to exclude or restrict liability for misrepresentation is subject to the statutory requirement of reasonableness.
10. Duress
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines contracts induced by duress, which is a vitiating factor. It explains that duress involves one party coercing or pressuring the other party into making a contract and its most important feature is that it generally involves pressure applied by means of an illegitimate threat. It discusses the different types of duress—duress to the person, duress of goods, and focusing in more detail on economic duress and its various requirements. It explores the controversial question of whether relief should be extended to cases of lawful act duress such as threats not to contract.
16. Remedies I: compensatory damages
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on compensatory damages, the principal remedy for breach of contract, and explores the actionable types of loss. It deals with the various measures of damages, how they are quantified, and discusses the circumstances in which the claimant can recover for non-financial loss. It explores principles of causation and the remoteness of damage test for breach of contract, the requirement of mitigation and the defence of contributory negligence.
English Legal System
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

English Legal System gives an understanding of the operation of the law and the legal system which is essential to the laying of a solid foundation upon which to build further legal studies. After offering practical advice on how to study the English Legal System, an overview is given of the nature of law, the sources of law, how the English legal system operates, the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted is discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The rule coming from a case, the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU) and being a signatory to the European Convention on Human Rights (ECHR). The institutions and personnel of the law, such as juries, judges, and lawyers are covered. The criminal process, from arrest to trial to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution, e.g. mediation and arbitration are also considered.
3. Legislation and the law-making process
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

The UK Parliament makes legislation in the form of primary legislation called Acts of Parliament and grants powers to other bodies to make legislation on Parliament’s behalf, in the form of secondary legislation or delegated legislation. Parliament is composed of three bodies, the Queen in Parliament, the House of Commons, and the House of Lords. A draft piece of legislation, a bill, to become an Act of Parliament must be passed by the House of Commons and the House of Lords and then receive the royal assent. If the House of Commons and House of Lords cannot agree on legislation this is dealt with under the Parliament Act 1911 and 1949. Secondary or delegated legislation is necessary for a number of reasons but is subject to controls both parliamentary and in the courts.
5. The doctrine of judicial precedent
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

Judge-made law to be found in the case law is governed by the doctrine of judicial precedent. The rule on which a case is decided is called the ratio decidendi and other statements of law not affecting the outcome of a case are termed obiter dicta. Whether one court is bound by the ratio decidendi of another court depends upon the position of the court in the hierarchy of the hierarchy of the courts. The doctrine of binding precedent is alternatively known as the doctrine of stare decisis. A precedent may be avoided by the processes of overruling, distinguishing and reversing. The relationship between the English courts and the Court of Justice of the European Union (EU) and the European Court of Human Rights is considered.
6. The law and institutions of the European Union (EU)
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

The UK is currently a Member State of the European Union (EU). The EU is administered by several supranational institutions including: the European Council; the Council of the European Union; the European Commission; the European Parliament; and the Court of Justice of the European Union (CJEU). The main sources of EU law are primary legislation, ie the treaties, secondary legislation, including regulations and directives, and the case law of the CJEU. Where EU law and national law conflict, EU law is supreme. EU law may have direct effect, i.e. be enforceable by individuals before national courts or indirect effect, where national courts are obliged to interpret national legislation and case law, so far as possible to conform with a relevant directive. State liability for breaches of EU law means that Member States are obliged to compensate individuals for consequent loss or damage.
10. The jury
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

The jury consists of twelve, randomly-selected members of the public, who decide guilt or innocence in the most serious criminal trials in the Crown Court. This ensures that the general public are represented in the criminal justice system. This chapter explains the rules on eligibility for, and disqualification or excusal from, jury service. It considers issues such as the power of the jury to acquit in defiance of the evidence (‘jury equity’); the confidentiality of jury deliberations and the implications of that for appeals; the ethnic composition of a jury; whether juries should be excluded from certain trials such as those involving serious fraud or where there is evidence of jury ‘tampering’; whether the accused should be able to ‘waive’ their right to jury trial; and the impact of social media on jury trials. It concludes by examining the relative advantages and disadvantages of jury trials.
14. Sentencing
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

This chapter explains the aims of sentencing and types of sentence that may be imposed upon a convicted offender. The main sentencing options that are available to a court when an adult is convicted of a criminal offence include: absolute and conditional discharges; fines; community orders; and imprisonment. Custodial sentences include extended determinate sentences, the new sentence for offenders of particular concern, and life sentences. A custodial sentence has punishment as its primary purpose, whereas a community order focuses more on reform and rehabilitation. The chapter also outlines the key types of sentence that can be imposed upon youths and discusses restorative justice initiatives. It explores the various factors to which the judge or magistrates must have regard when passing sentence, including maximum/minimum sentences, the nature and seriousness of the offence, sentencing guidelines and pre-sentence reports.
17. Tribunals
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

Tribunals have operated for over 200 years. They are essentially specialised courts dealing in specific areas of legal dispute such as employment, housing, immigration, mental health, social benefits, and tax. This chapter explains the development of tribunals from the late eighteenth century to the present day. It examines the major reforms that have taken place in the twenty-first century, resulting in most tribunals being re-organised into ‘chambers’ within the First-tier Tribunal and the Upper Tribunal. The chapter explains the composition of tribunals and the rules on appointment of tribunal members. It explains the ways in which tribunal decisions may be challenged, either by way of an appeal to another tribunal or to the mainstream courts, or through judicial review. The chapter examines the advantages of tribunals over mainstream courts but also considers whether, through a process known as ‘legalism’, tribunals are becoming too much like the mainstream courts.
1. Introduction
Authors: McKendrick Ewan
Published: August 2018

This introductory chapter begins by setting out the book’s three principal aims: to provide an exposition of the rules that make up the law of contract, to explore the law of contract in its transactional context, and to explore English contract law from a transnational and comparative perspective. The discussions then turn to the scope of the law of contracts; the growth in the use of standard form contracts and the increasing complexity of the form and the content of modern contracts; transnational contract law; and conflicting policies that underpin the law of contract.
8. The Terms of the Contract
Authors: McKendrick Ewan
Published: August 2018

A contract is composed of terms, the number of which depends upon the importance of the transaction. The terms of the contract are of great significance to the parties because they define their rights and liabilities. This chapter examines two preliminary issues, the first of which relates to the identification of the terms of the contract. How do the courts decide what is and what is not a term of the contract? The second issue concerns the entitlement of the parties to lead evidence of terms not to be found in their written contract. Where the parties take the time, trouble, and expense of reducing their agreement to writing, are they still entitled to adduce evidence of terms other than those found in the written document, or is the written document the sole source of the terms of their contract?
14. Unfair Terms in Consumer Contracts
Authors: McKendrick Ewan
Published: August 2018

This chapter focuses on Part 2 of the Consumer Rights Act 2015. The Act gives to the courts much broader powers to regulate terms in contracts which have been concluded between traders and consumers. Section 2 examines the individual sections of Part 2 of the Act and the leading cases decided under the Regulations which preceded the Act. Particular attention is given to key concepts such as ‘significant imbalance’, ‘good faith’, the exclusion of certain terms from assessment for fairness, the indicative and non-exhaustive list of terms that may be regarded as unfair, and the role of regulators in the enforcement of the legislation. Section 3 draws on work done by Professor Susan Bright in relation to the role of the Unfair Contract Terms Unit in the early days of the enforcement of the legislation.
16. Mistake
Authors: McKendrick Ewan
Published: August 2018

This chapter examines the effects of a mistake on the validity of a contract. A mistake may prevent parties from reaching agreement. First, a court may decide that no contract has been concluded where one party knows that the other is labouring under a mistake in relation to the terms of the agreement and fails to inform that other party of the mistake. Second, it may conclude that the terms of the offer and acceptance suffer from a latent ambiguity such that the parties cannot be said to have reached agreement. The third case in which a mistake may prevent the formation of a contract is where there has been a mistake as to the identity of the party who is said to be a party to the contract. The discussion then turns to the leading cases on common mistake, mistake in equity, and rectification. The chapter concludes by considering the non est factum defence, which can be invoked by someone who, through no fault of his own, has no understanding of the document that he has signed.
19. Undue Influence
Authors: McKendrick Ewan
Published: August 2018

This chapter discusses cases of alleged undue influence. Such cases have caused considerable difficulties for the courts in recent years, not in relation to the existence of the doctrine, but to its scope and its relationship with other doctrines, particularly duress, and other cases in which courts have intervened to protect the vulnerable or those who have been exploited. Recent judicial exposition of undue influence has tended to take place in the context of three-party cases rather than two-party cases, that is to say cases in which a wrong has been committed by a third party and not the defendant. Two leading cases of undue influence are analysed: Allcard v. Skinner (1887) 36 Ch D 145 and Royal Bank of Scotland plc v. Etridge (No 2) [2001] UKHL 44, [2002] 2 AC 773 and they are used to illustrate the limits of the modern doctrine of undue influence and in particular the role of presumptions in this area of the law.
21. Frustration and Force Majeure
Authors: McKendrick Ewan
Published: August 2018

The doctrine of frustration operates to discharge a contract where, after the formation of the contract, something occurs which renders performance of the contract impossible, illegal, or something radically different from that which was in the contemplation of the parties at the time of entry into the contract. This chapter examines the scope of the doctrine of frustration and the relationship between the doctrine of frustration and any force majeure or hardship clause that is found in the contract. Consideration is given to the basis of the doctrine of frustration and the remedial consequences of the conclusion that a contract has been frustrated. It also explores the reasons for the narrow scope of the doctrine of frustration and contrasts it with the more liberal regimes to be found in, for example, the Principles of European Contract Law.
24. Specific Performance
Authors: McKendrick Ewan
Published: August 2018

Specific performance is a remedy which orders the defendant to perform his obligations under the contract. It is an equitable remedy which is available in the discretion of the court. This chapter examines the circumstances in which the courts will make a specific performance order. Particular attention is given to the decision of the House of Lords in Co-operative Insurance Society Ltd v. Argyll Stores (Holdings) Ltd [1998] AC 1. It also considers the question whether English law should develop a more liberal approach to the availability of specific performance and recognize the existence of a general right to specific performance.
25. Third Parties
Authors: McKendrick Ewan
Published: August 2018

This chapter examines the impact of a contract on third parties. It addresses two main questions: whether or not a third party can acquire any rights under the contract, and whether or not the contract can impose upon him obligations or liabilities. The general rule adopted by English law is that the contract creates rights and imposes obligations only between the parties to the contract: the third party thus neither acquires rights under the contract nor is he subject to liabilities. This general rule is known as the doctrine of privity of contract. The Contracts (Rights of Third Parties) Act 1999, however, provides a relatively simple mechanism by which contracting parties can confer upon a third party a right to enforce a term of their contract. The dominant philosophy that underpins the 1999 Act is one of freedom of contract and, this being the case, the success of the Act in practice will depend upon contracting parties themselves. The chapter examines the individual sections of the 1999 Act, the exceptions to the doctrine of privity that existed at common law and under various statutes prior to the enactment of the 1999 Act. The chapter concludes by considering the extent to which a third party can be subject to an obligation by a contract to which he is not a party.
4. Registration of title
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

One of the most fundamental changes to land law made by the 1925 property legislation was the reduction of the number of legal estates in land to just two: the fee simple absolute in possession (freehold estate) and the term of years absolute (leasehold estate). This chapter focuses on the fee simple absolute in possession, which is the technical name for the freehold estate. It begins by considering each of the terms that make up the legal definition of legal freehold: the ‘fee simple absolute in possession’. Unless an estate satisfies each part of it, the estate cannot be a legal freehold, but must instead be an equitable interest in land. The discussions then turn to the creation of legal freehold, the transfer of the legal freehold, and electronic conveyancing.
5. Leases
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter discusses the leasehold estate, or ‘term of years absolute’—more commonly referred to as simply a ‘lease’. It begins by defining the most frequently used terms in this area of law, followed by some examples of leases in practice. It discusses the creation of a lease and explains the essential characteristics of a lease, including whether or not the payment of rent is necessary. It looks at how leases may be ended. It then considers the statutory protection provided by the law for the tenant and discusses tenancy agreements. Next, the chapter discusses some typical leasehold covenants, and considers the assignment and running of leasehold covenants. Finally, it looks at a relatively new development in land law called the commonhold.
11. Trusts of land
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter focuses on what the law requires of trustees of land and how it protects the beneficiaries of those trusts. All trusts of land are now governed by the statutory framework set out in the Trusts of Land and Appointment of Trustees Act 1996. The Act sets out the rights and responsibilities of trustees, and the rights of beneficiaries, under a trust of land. Trustees have extensive powers over the land, but have a duty to act in the interests of the beneficiaries, to consult them, and to give effect to their wishes where possible. The beneficiaries (with an interest in possession) have a right to occupy the land, although the trustees have the power, under certain circumstances, to restrict or exclude them from occupation. The chapter also discusses the powers of the court under TOLATA 1996; cases of bankruptcy; and the Settled Land Act 1925.
13. Covenants in freehold land
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter focuses on covenants in freehold land. A covenant is a promise made by one landowner to another regarding the use of freehold land. Enforceability is not a problem when considering the original parties to a covenant. The parties have simply entered into a contract with each other. Complications are caused, however, by Law Property Act 1925, s. 56(1), which extends the scope of persons who may be counted as original covenantees, and the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), which enables the benefit of a contract to be given to those who are not parties to it. The common law and equitable rules for passing of the benefit and burden of a covenant, positive covenants, breach of covenants, modification and discharge of covenants, and proposals for reform are discussed.
15. Completing the puzzle
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter ties together all of the different strands of knowledge from the preceding chapters, and shows how they fit together in practice. By looking at a register of title for an imaginary piece of land in ‘Maryford, Greenfordshire’, it provides a step-by-step guide through each of the entries on the register, to build up a complete picture of all of the rights and interests in the land. The discussions cover the register of title, the property register, the proprietorship register, the charges register, and interests not shown on the register. It highlights the main points of substantive law which have been discussed in detail in each of the chapters of the book.
16. Exam technique and the perils of question spotting
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter offers some general advice to students on how to prepare for their land law exam. Firstly, it discusses the revision process and advises on how best to prepare for exam success. It offers some top exam tips, and suggestions on question spotting. It then presents some questions that are likely to be asked on the topics studied. These topics include all of the substantive topics covered in the book, including the nature of land, the structure of land law, the freehold estate, land registration, leases, adverse possession, co-ownership and the Trusts of Land and Appointment of Trustees Act 1996, easements and profits, covenants in freehold land, and mortgages.
1. Estates in land
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter introduces Trant Way, a road in the fictitious town of Mousehole in the county of Stilton, which will be used throughout the book to illustrate the application of land law rules in practical situations. It also describes one of the houses along the road, Trant House, which in the story presented here has just been put up for sale. It follows a prospective purchaser who is viewing Trant House to explain what is meant by ‘owning land’. The discussions also cover topics such as tenure, estates in land (freehold and leasehold estates), and the two modern legal estates.
5. Unregistered land
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter continues the discussion of the planned purchase of 2 Trant Way, which has an unregistered title, by Barbara Bell. It looks at what Barbara (or, more likely, her professional adviser) will have to do, either before or after exchanging contracts, to ensure that it is safe for her to buy the property. Barbara will need to check two things about the property she is planning to buy. She needs to ensure that: Victoria Ventnor, the vendor, owns the property she is offering to sell; and the property is free from any encumbrances (third-party rights) other than those which have already been revealed. The chapter explains how these two aspects of proving title are dealt with in the unregistered system.
6. Registered land
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. The Land Registration Act 1925, which governed the system of registered land, was repealed and replaced by the Land Registration Act 2002, which in the main came into force on 13 October 2003. This chapter focuses on the terms of the 2002 Act and the rules made under it (Land Registration Rules 2003). The discussions cover what can be registered; registering title for the first time; dealings with a registered estate; buying a house with registered title; interests protected by entries on the register; interests that override a registered disposition; interests of persons in actual occupation; discovering encumbrances; alteration of the register and indemnity; transfer and completion by registration; the priority of competing equitable interests; and electronic conveyancing.
8. The freehold estate
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the case of David Derby, owner of the freehold estate in 4 Trant Way, who has decided to give the estate to one of three relations and is considering three possible dispositions. It is necessary to consider whether each of these three possible gifts would vest in the person concerned a legal fee simple absolute in possession, or would create an interest in land which is less than a legal estate. The phrase ‘fee simple absolute in possession’ imposes a series of requirements, all of which must be satisfied if the estate is to qualify as a legal one. The chapter examines these requirements in more detail, and considers whether the proposed gifts would satisfy them. The chapter contains a short consideration of commonhold.
9. The leasehold estate
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter considers the nature and characteristics of a lease, and the ways in which it is created and brought to an end. It discusses the basic requirements for a lease; the creation of leases; the disposition of leases and reversions; the determination of a lease; determination by discharge of contract; determination by joint tenants; ‘contractualisation’ of leases; the effect on subtenant of determination of head lease; and additional types of lease.
10. Obligations of landlord and tenant
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with the rights and duties of the landlord and tenant who are the parties to the lease. Every lease contains provisions which define the obligations of the landlord and tenant under the lease. Obligations in a lease may be imposed in one of two ways: by covenants or by conditions. A ‘covenant’ is a promise made by one party (the ‘covenantor’) for the benefit of another party (the ‘covenantee’) which is contained in a deed. Express, implied, and usual covenants are discussed.
12. Remedies for breach of leasehold covenants
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the remedies available to one party to a lease when the other is in breach of duty. It first deals with general contractual remedies which are available in respect of breach of covenant. It then goes on to consider in more detail some special remedies which are peculiar to leases, and in particular the landlord’s power to forfeit the lease, i.e., to bring it to an end and to evict the tenant.
15. Settled Land Act settlements
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter briefly discusses the Settled Land Act (SLA) settlement, the other form of trust which still exists in relation to land. It addresses the following three questions: who holds the legal estate in settled land? Are there trustees? What sort of property may be subject to a SLA settlement?
20. Licences and their enforcement
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter considers the nature of a licence of land. It discusses how to distinguish a lease from a licence, and how to distinguish an easement or profit from a licence. It then discusses enforcement against the licensor; enforcement against successors of the licensor; and whether licences are becoming interests in land. The issues covered are also applied to two licensees in Trant Way: Henry Mumps and Bob Bell are each living in property owned by another member of their family.
22. Mortgages and charges
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the types of mortgages or charges of land and interests in land which may be created. It also considers the rules regarding their administration and their protection against later acquirers of interests in the land. The discussions cover legal mortgages and charges; equitable mortgages; the rights of the mortgagor; the rights of the mortgagee; mortgagee’s remedies; the right of certain third parties to redeem; the liability of mortgagees, receivers, and valuers for fraud or negligence; the end of a mortgage.
23. Priorities in relation to mortgages and charges
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the rules relating to priorities between successive mortgages and charges and between mortgages and charges and other estates and interests in land. It covers the priorities of mortgages of an equitable interest; the priorities of mortgages of a legal estate; the priorities of three or more mortgages; mortgagee’s right to tack further advances; and interests prior to the mortgage.
26. What is land?
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the definition of ‘land’. It covers the statutory definition; earth, minerals, buildings, and fixtures; hereditaments; real and personal property; and flying freehold. It also addresses hydraulic fracturing (fracking). The chapter concludes with some remarks about a practical approach to land law.
Medical Law and Ethics
Authors: Herring Jonathan
Published: August 2018

Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes coverage of new Codes of Practice issued by the Human Tissue Authority and the changes in the structure of the NHS. It also outlines important case law developments on the law on mental capacity and euthanasia, including the Charlie Gard litigation, the decision of the Supreme Court in Montgomery, and the Court of Appeal in Conway.
7. Reproduction
Authors: Herring Jonathan
Published: August 2018

This chapter examines legal and ethical aspects of assisted reproduction. Topics discussed include infertility; the concept of reproductive autonomy; criticisms of assisted reproduction; regulation of assisted reproductive technologies; criticisms of the Human Fertilisation and Embryology Act 1990; gamete donation; surrogacy; cloning; and genetic enhancement and eugenics. The chapter explores the extent to which the state should regulate decisions around reproduction or whether they should be left to the decision of the individuals concerned. Some people believe that the interests of children to be born should be taken into account, although there is extensive debates over how this should be done.
8. Organ Donation and the Ownership of Body Parts
Authors: Herring Jonathan
Published: August 2018

This chapter examines legal and ethical aspects of organ donation and body part ownership. Topics discussed include the Human Tissue Act 2004; liability for mishaps from organ transplant; the shortage of organs for transplant; xenotransplantation; selling organs; face transplants; and the living body as property. Running through this chapter is a discussion of whether it is preferable to see the body and parts of the body as property or whether they need their own system of legal protection through a statute. This debate ties into broader discussions about the nature of the self and what makes bodies valuable.
10. Mental Health Law
Authors: Herring Jonathan
Published: August 2018

This chapter first considers statistics on mental health in the UK. It then discusses the Mental Health Act (MHA) 1983; the MHA 1983 Code of Practice; reforms to the law under the 2007 Act; problems in mental health practice; critics of mental health; and paternalism as the ground for detention. It highlights the difficulty in striking the correct balance between protecting the public from the perceived threat of mentally disordered people and protecting the rights of those who suffer mental illness. The chapter also illustrates how the principle of autonomy, which plays such an important role in medical law and ethics, is given much less prominence in the area of mental health law.
3. Rule of law
Authors: Parpworth Neil
Published: August 2018

This chapter begins with a discussion of the meaning of the rule of law, one of the fundamental doctrines or principles of the UK constitution. It distinguishes between formal and substantive meanings of the rule of law. It discusses principles encompassed by the rule of law. These include that laws should be prospective, laws should be open and clear, and that there should be natural justice, access to the courts, and equality before the law. The chapter concludes with an assessment of the contemporary significance of the rule of law.
15. The general ‘economic’ torts
Authors: Witting Christian
Published: August 2018

This chapter explains the five general economic torts. These are inducing breach of contract, causing loss by unlawful means, lawful means conspiracy, unlawful means conspiracy, and intimidation. The chapter notes that what binds these torts together is their focus on the element of intention and causation of loss, as well as the tendency of the courts to apply them in business and other financial settings. Otherwise, the torts are quite disparate in their operation.
23. Misuse of process and public powers
Authors: Witting Christian
Published: August 2018

This chapter examines the provisions of tort law concerning misuse of process and public powers. It discusses elements of the three principal causes of action, these being malicious prosecution, abuse of process, and misfeasance in a public office. It highlights the need to balance the protection of individual rights and interests with the conduct of public administration and the administration of justice. This chapter also considers the limits to witness immunity and abuse of the legal process.
15. Complicity
Authors: Herring Jonathan
Published: August 2018

This chapter begins with a discussion of the law of complicity, covering principals and accomplices; five ways one can be an accomplice; mens rea for accomplices; secondary participation and inchoate offences; conviction of the secondary party and acquittal of the principal; whether a secondary party can be guilty of a greater offence than the principal; withdrawal by a secondary party; accessories and victims; and assistance after the offence. The second part of the chapter focuses on accessories and the theory of complicity, covering general theories of accessorial liability; theories of accessorial mens rea; the theory of joint enterprise; actus reus issues; withdrawal; and law reform.
8. Sexual offences
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the main sexual offences, including rape, assault by penetration, sexual assault, and intentionally causing a person to engage in sexual activity. It considers the defence of consent in sexual offences and the statutory presumptions relating to consent. Finally, it explores sexual offences committed against children, including rape of a child under 13, assault of a child under 13 by penetration, sexual assault of a child under 13, and causing or inciting a child under 13 to engage in sexual activity. Sexual offences against children under 16 and other child sexual offences are also briefly mentioned.
6. Examination-in-chief
Authors: Keane Adrian , McKeown Paul
Published: August 2018

The questioning of witnesses, which generally falls into three stages known as examination-in-chief, cross-examination, and re-examination, is central to the English adversary system of justice. This chapter focuses on the first stage, examination-in-chief. In this stage the party calling a witness, or counsel on his behalf, will seek to elicit evidence that supports his version of the facts in issue. The discussions cover young and vulnerable witnesses; the rule against leading questions and the exceptions to the rule; refreshing the memory in court and out of court; the rule against previous consistent or self-serving statements and the common law exceptions to the rule (complaints in sexual cases, statements admissible to rebut allegations of recent fabrication, statements made on accusation, previous identification, statements admissible as part of the res gestae and statements in documents used to refresh the memory and received in evidence); and unfavourable and hostile witnesses.
9. Visual and voice identification
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph or other image; evidence of analysis of films, photographs or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre -trial procedure; voice comparison by the jury with the assistance of experts or lay listeners’; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).
13. Hearsay admissible at common law
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter considers the following categories of hearsay: statements in public documents, works of reference, evidence of age, evidence of reputation, and statements forming part of the res gestae, statements which are admissions made by an agent of a defendant. All of these categories were established at common law as exceptions to the rule against hearsay, and all of them have been preserved by statute. All of the cases considered, apart from evidence of age and res gestae statements, have been expressly preserved and given statutory force in both criminal proceedings and civil proceedings (by s 7(2) and (3) of the Civil Evidence Act 1995).
Selwyn's Law of Employment
Authors: Emir Astra
Published: August 2018

Selwyn’s Law of Employment is regarded as essential reading by law students and practising lawyers, and those studying employment law in a business or professional environment. This edition continues Norman Selwyn’s practical approach to the subject providing a succinct account of all areas of employment law. Both individual and collective employment law issues are considered, alongside a broad range of UK and EU case law. New to this edition, the text provides coverage of new legislation including the Trade Union Act 2016, the Immigration Act 2016, and the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017employment law.
16. Wrongful Dismissal
Authors: Emir Astra
Published: August 2018

Under the law which existed prior to 1971 an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.
6. Shares
Authors: French Derek
Published: August 2018

This chapter considers one way of becoming a shareholder of a company with a share capital: by taking shares from the company in exchange for a contribution of capital. The number and class of shares of the company that the member holds determines the extent of the member’s undertaking to contribute capital, and of entitlement to share in distributions and vote at meetings. Share allotment in exchange for a capital contribution is explained, and the need for public companies to have a minimum contributed capital is emphasised. The chapter also looks at possible remedies available to a person who has been induced to take an allotment of shares by a misrepresentation, including rescission of contract. Finally, it examines ways of altering a company’s share capital.
2. Policy, politics, and the media
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter introduces some of the policy issues which shape immigration law. It discusses migration policy in a global context; the institutional basis of immigration control; electronic borders; current drivers of UK policy; control within the borders including the hostile environment policy; treatment of asylum seekers; the refugee crisis; and the role of media. The chapter touches on the scrutiny of immigration functions by the Parliamentary Home Affairs Select Committee and the Independent Chief Inspector of Borders and Immigration. There is a short discussion of the ambivalence of UK immigration policy towards economic migration.
6. Crossing the border and leave to remain
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter is concerned with the legal processes of crossing the border to enter the UK and the stages at which that crossing is encountered before and on arrival. It discusses the extra-territorial powers of immigration officers and the role of new technologies as characteristics of an increasingly diffuse, intelligence-based, and security-oriented system. It describes the role and powers of entry clearance officers and immigration officers, including the power to discriminate, and considers the general grounds for refusal of leave or entry clearance. It presents a brief account of some offences which may be committed in the course of entry. Also discussed are the Common Travel Area (CTA), the grant of leave, and how the most secure immigration status of settlement may be achieved.