bluuebunny/crossref_metadata_2025 huggingface dataset:
Mortality Rate in a Cohort of People Living With HIV in Rural Tanzania After Accounting for Unseen Deaths Among Those Lost to Follow-up
Authors: Vanobberghen Fiona , Weisser Maja , Kasuga Bryson , Katende Andrew , Battegay Manuel , Tanner Marcel , Glass on behalf of the KIULARCO Study Group Tracy R
Published: September 2020

Mortality assessment in cohorts with high numbers of persons lost to follow-up (LTFU) is challenging in settings with limited civil registration systems. We aimed to assess mortality in a clinical cohort (the Kilombero and Ulanga Antiretroviral Cohort (KIULARCO)) of human immunodeficiency virus (HIV)-infected persons in rural Tanzania, accounting for unseen deaths among participants LTFU. We included adults enrolled in 2005–2015 and traced a nonrandom sample of those LTFU. We estimated mortality using Kaplan-Meier methods 1) with routinely captured data (method A), 2) crudely incorporating tracing data (method B), 3) weighting using tracing data to crudely correct for unobserved deaths among participants LTFU (method C), and 4) weighting using tracing data accounting for participant characteristics (method D). We investigated associated factors using proportional hazards models. Among 7,460 adults, 646 (9%) died, 883 (12%) transferred to other clinics, and 2,911 (39%) were LTFU. Of 2,010 (69%) traced participants, 325 (16%) were found: 131 (40%) had died and 130 (40%) had transferred. Five-year mortality estimates derived using the 4 methods were 13.1% (A), 16.2% (B), 36.8% (C), and 35.1% (D), respectively. Higher mortality was associated with male sex, referral as a hospital inpatient, living close to the index clinic, lower body mass index, more advanced World Health Organization HIV clinical stage, lower CD4 cell count, and less time since initiation of antiretroviral therapy. Adjusting for unseen deaths among participants LTFU approximately doubled the 5-year mortality estimates. Our approach is applicable to other cohort studies adopting targeted tracing.
FKBP5: A Key Mediator of How Vertebrates Flexibly Cope with Adversity
Authors: Zimmer Cedric , Hanson Haley E , Wildman Derek E , Uddin Monica , Martin Lynn B
Published: September 2020

Flexibility in the regulation of the hypothalamic–pituitary–adrenal (HPA) axis is an important mediator of stress resilience as it helps organisms adjust to, avoid, or compensate for acute and chronic challenges across changing environmental contexts. Glucocorticoids remain the favorite metric from medicine to conservation biology to attempt to quantify stress resilience despite the skepticism around their consistency in relation to individual health, welfare, and fitness. We suggest that a cochaperone molecule related to heat shock proteins and involved in glucocorticoid receptor activity, FKBP5, may mediate HPA flexibility and therefore stress resilience because it affects how individuals can regulate glucocorticoids and therefore capacitates their abilities to adjust phenotypes appropriately to prevailing, adverse conditions. Although the molecule is well studied in the biomedical literature, FKBP5 research in wild vertebrates is limited. In the present article, we highlight the potential major role of FKBP5 as mediator of HPA axis flexibility in response to adversity in humans and lab rodents.
Rapid Real-time Tracking of Nonpharmaceutical Interventions and Their Association With Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) Positivity: The Coronavirus Disease 2019 (COVID-19) Pandemic Pulse Study
Authors: Clipman Steven J , Wesolowski Amy P , Gibson Dustin G , Agarwal Smisha , Lambrou Anastasia S , Kirk Gregory D , Labrique Alain B , Mehta Shruti H , Solomon Sunil S
Published: September 2020

Background

Current mitigation strategies for severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) rely on the population-wide adoption of nonpharmaceutical interventions (NPIs). Monitoring the adoption of NPIs and their associations with SARS-CoV-2 infection history can provide key information for public health.

Methods

We sampled 1030 individuals in Maryland from 17–28 June 2020 to capture sociodemographically and geographically resolved information about NPI adoption and access to SARS-CoV-2 testing, and examine associations with self-reported SARS-CoV-2 positivity.

Results

Overall, 92% reported traveling for essential services and 66% visited friends/family. Use of public transport was reported by 18%. In total, 68% reported strict social distancing indoors and 53% reported strict masking indoors; indoor social distancing was significantly associated with age, and race/ethnicity and income were associated with masking. Overall, 55 participants (5.3%) self-reported ever testing positive for SARS-CoV-2, with strong dose-response relationships between several forms of movement frequency and SARS-CoV-2 positivity. In a multivariable analysis, a history of SARS-CoV-2 infection was negatively associated with strict social distancing (adjusted odds ratio [aOR] for outdoor social distancing, 0.10; 95% confidence interval, .03–.33). Only public transport use (aOR for >7 times vs never, 4.3) and visiting a place of worship (aOR for ≥3 times vs never, 16.0) remained significantly associated with SARS-CoV-2 infection after adjusting for strict social distancing and demographics.

Conclusions

These results support public health messaging that strict social distancing during most activities can reduce SARS-CoV-2 transmission. Additional considerations are needed for indoor activities with large numbers of persons (places of worship and public transportation), where even NPIs may not be possible or sufficient.
Factors Associated With Diversity and Distribution of Buprestid Prey Captured by ForagingCerceris fumipennis(Hymenoptera: Crabronidae)
Authors: Hallinen Marie J , Wittman Jacob T , Aukema Brian H
Published: September 2020

Many jewel beetles (Coleoptera: Buprestidae) play an important ecological role in wood decomposition and nutrient cycling. Compared with other saproxylic species, buprestids are considered cryptic as they are difficult to sample and identify. As a result, factors that influence buprestid diversity and distribution are poorly understood. This is especially true in urban forests, which may be uniquely fragmented and contain unique species distributions. We utilized the native ground nesting hunting wasp Cerceris fumipennis Say to survey buprestids at 20 urban sites in Minnesota. We collected a total of 1,939 beetles consisting of 11 genera and 51 species, including 9 new state records for the state of Minnesota. We found a positive relationship between wasp size and size of beetle prey captured. Agrilus was the most common genus collected, followed by Dicerca. Species richness tended to decrease in sites with many emerald ash borers, Agrilus planipennis Fairmaire, which may reflect a potential tendency of wasps to return preferentially to high-density infestations of emerald ash borers. We found buprestid species richness positively correlated with site-level variables such as the number of dead trees within a 200 m radius around each C. fumipennis nesting site. Our work illustrates how C. fumipennis can be utilized for general buprestid surveys in urban areas to better understand the distribution of this cryptic family.
How Do Gain and Loss Incentives Affect Memory for Intentions Across Adulthood?
Authors: Horn Sebastian S , Freund Alexandra M
Published: September 2020

Objectives

Changes in motivational orientation across adulthood affect cognitive processes. The purpose of this research was to investigate if and how motivational incentives (gains or losses) affect prospective memory for intended actions in younger, middle-aged, and older adults.

Methods

The consequences of memory hits and misses and the framing of the memory tasks were experimentally manipulated between participants: In a gain-framing condition, participants accumulated rewards, dependent on the proportion of target events to which they responded accurately. In a loss-framing condition, participants received an initial endowment from which losses were deducted, dependent on the proportion of targets they missed. We measured memory accuracy, perceived task importance, and ongoing-task performance.

Results

Gains and losses had different effects on memory across age groups: Age × Motivational Valence interactions emerged across two studies. Older adults showed relatively better memory performance to avoid losses than to achieve gains. Moreover, higher age was associated with lower memory performance (Study 1) and slower but more accurate decisions in an ongoing activity (Study 2).

Discussion

The findings reveal that motivational incentives and the framing of consequences as gains or losses moderate the relation between age and memory performance. Older adults’ memory performance may benefit when messages encourage the avoidance of losses. This may also help to design age-tailored interventions in applied settings (e.g., health-related behavior).
A Thematic Analysis of Weibo Topics (Chinese Twitter Hashtags) Regarding Older Adults During the COVID-19 Outbreak
Authors: Xi Wanyu , Xu Wenqian , Zhang Xin , Ayalon Liat
Published: September 2020

Objectives

We explored the portrayal of older adults and the public response to topics concerning older adults during the COVID-19 pandemic in Chinese social media (Weibo topics, equivalent to hashtags on Twitter). We also explored the temporal trends of dominant themes to identify changes over time.

Methods

Topics related to older adults were searched in the Weibo topic search engine between January 20 and April 28, 2020. Overall, 241 topics and their view frequency and comment frequency were collected. Inductive thematic analysis was conducted to classify the topics into themes. The popularity of each theme was also analyzed. In addition, the frequency with which each theme appeared during the 3 major stages of the pandemic (outbreak, turnover, and post-peak) was reported.

Results

Six main themes were identified. “Older adults contributing to the community” was the most prominent theme with the highest average comment frequency per topic. It was also the most dominant theme in the first stage of the pandemic. “Older patients in hospitals” was the second most prominent theme and the most dominant theme in the second and third stages of the pandemic. The percentage of topics with the themes “Care recipients” and “Older adults caring for the young” increased over time.

Discussion

The portrayal of older people as being warm, competent, and actively exercising their agency is prevalent on Weibo. The Weibo-viewing public shows signs of interest in intergenerational solidarity during the pandemic in China. These findings are different from findings reported by studies conducted in the West.
Women’s Self-Relevant Goal Pursuit in the Presence of Physical Pain: An Intraindividual Variability Approach
Authors: Turner Shelbie G , Hooker Karen , Stawski Robert S
Published: September 2020

Objectives

Pursuing personal goals that are relevant to one’s sense of self is important for adjusting to age-related changes. Experiences of physical pain, however, are thought to threaten both people’s sense of self and their pursuit of personal goals. Although a majority of older women experience physical pain, little is known about their day-to-day regulation of their self-relevant goals in the presence of physical pain. The objectives of this study were to explore associations between physical pain and health goal pursuit on a daily basis for women who identified health as a part of their possible selves.

Methods

We took an intraindividual variability approach to analyze whether there were within- and between-person differences in associations between daily pain and daily health goal progress among 62 women who provided data over the course of 100 days, yielding 4,150 occasions of data.

Results

At the between-person level, women with higher pain on average had lower health goal pursuit on average. At the within-person level, days of higher-than-average pain were associated with lower same-day health goal progress.

Discussion

Our results suggest that pain interrupts regulation of a self-relevant goal at a within-person—not just between-person—daily level. Future work should consider how these daily, within-person, disruptions affect broader identity processes and overall well-being.
Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479, High Court (Queen’s Bench Division)
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479, High Court (Queen’s Bench Division). The document also includes supporting commentary from author Aruna Nair.
Baker v Craggs [2018] EWCA Civ 1126
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Baker v Craggs [2018] EWCA Civ 1126, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
McDonald v McDonald [2016] UKSC 28, Supreme Court
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in McDonald v McDonald [2016] UKSC 28, Supreme Court. The document also includes supporting commentary from author Aruna Nair.
Manchester Airport v Dutton [2000] 1 QB 133, Court of Appeal
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Manchester Airport v Dutton [2000] 1 QB 133, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Berrisford Housing Co-operative v Mexfield [2011] UKSC 52, Supreme Court
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Berrisford Housing Co-operative v Mexfield [2011] UKSC 52, Supreme Court. The document also includes supporting commentary from author Aruna Nair.
Prudential Assurance Co. Ltd v London Residuary Body [1992] 2 AC 386, House of Lords
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Prudential Assurance Co. Ltd v London Residuary Body [1992] 2 AC 386, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber)
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber). The document also includes supporting commentary from author Aruna Nair.
Re Ellenborough Park [1956] Ch 131, Court of Appeal
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Ellenborough Park [1956] Ch 131, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Halsall v Brizell [1957] Ch 169, High Court (Chancery Division)
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Halsall v Brizell [1957] Ch 169, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.
Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Essential Cases: Tort Law
Authors: Purshouse Craig
Published: September 2020

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in tort law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Craig Purshouse, including his assessment of the wider questions raised by the decision.
Essential Cases: Equity & Trusts
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.
R v Blaue [1975] 1 WLR 1411, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Blaue [1975] 1 WLR 1411, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Pagett (1983) 76 Cr App R 279, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Pagett (1983) 76 Cr App R 279, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Wallace [2019] EWCA Crim 690, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Wallace. The document also included supporting commentary from author Jonathan Herring.
R v Kuddus [2019] EWCA Crim 837, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
R (Monica) v DPP [2018] EWHC 3508 (QB), Queen’s Bench Division
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Monica) v DPP. The document also included supporting commentary from author Jonathan Herring.
R v BM [2018] EWCA Crim 560, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v BM [2018] EWCA Crim 560, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Brown [1994] 1 AC 212, House of Lords
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Brown [1994] 1 AC 212, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Essential Cases: Contract Law 3e
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.
Shogun Finance Ltd v Hudson [2003] UKHL 62
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Shogun Finance Ltd v Hudson [2003] UKHL 62. The document also includes supporting commentary from author Nicola Jackson.
With v O’Flanagan [1936] Ch 575
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in With v O’Flanagan [1936] Ch 575. The document also includes supporting commentary from author Nicola Jackson.
Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696. The document also includes supporting commentary from author Nicola Jackson.
5. Limits to EU legislative powers
Authors: de Mars Sylvia
Published: September 2020

This chapter investigates the EU's competences and the principles of subsidiarity and proportionality, assessing if the limits set out in the Treaties actually work as concrete limits on EU legislative powers in practice. It begins by considering whether competences are genuinely clear and finite in how they set out limits to areas in which the EU can make laws. There are three aspects of EU law that have been deemed responsible for the EU's competence creep: the flexible provisions of Article 114 TFEU (Treaty on the Functioning of the European Union) and Article 352 TFEU, and the so-called doctrine of ‘implied powers’. Underpinning all three of these areas of ‘flexibility’ is criticism of the manner in which the Court of Justice has interpreted the relevant treaty provisions or doctrines. The chapter then evaluates the effectivity of the principles of subsidiarity and proportionality. It also looks at the impact of Brexit on the limits to EU legislative powers.
7. Connecting EU law to domestic law: the preliminary reference procedure
Authors: de Mars Sylvia
Published: September 2020

This chapter assesses how conflicts between national law and EU law actually reach the Court of Justice of the European Union (CJEU). The Treaties have created a distinct role for the CJEU: it can decide cases where the validity of an EU law is not necessarily at issue, but rather its meaning is not entirely clear to a body that is meant to apply it. That process is set out in Article 267 TFEU (Treaty on the Functioning of the European Union), and involves two separate but related steps. First, a domestic court has to refer (or ask) a question of the CJEU about the meaning of EU law at stake in a dispute it is hearing. Second, the CJEU offers an interpretation of EU law to the domestic court, enabling the domestic court to decide the dispute before it. The chapter then looks at the attitude of the UK courts towards the preliminary reference process, and considers judicial law-making. It also discusses the impact of Brexit on the preliminary reference process.
13. EU citizenship
Authors: de Mars Sylvia
Published: September 2020

This chapter traces how the free movement of persons developed, culminating into a constitutional identity for EU nationals that extends rights to economically inactive free movers as well. EU citizenship was formally established in 1992, and can be used as a marker to separate two distinct eras of the Court of Justice of the European Union (CJEU) case law on free movement of persons. The chapter then considers the personal and material scope of EU citizenship, and looks at CJEU case law on the free movement of EU citizens between 1992 and 2004. It also assesses the impact of the Citizenship Directive in 2004, as well as the impact of Brexit on EU citizenship. The controversy surrounding the development of ‘citizenship rights’ is of particular interest given the Brexit referendum; limitless immigration from the EU was found to be one of the primary reasons why the UK voted to leave the EU.
8. Proprietary Estoppel
Authors: Lees Emma
Published: September 2020

This chapter addresses proprietary estoppel, which is one of the land law doctrines which allows for the creation of rights in land without a written contract or other formal document. It arises when a person (the promisor) makes a promise to another (the promisee) in relation to their land, and then attempts to go back on that promise in circumstances where it was unfair to do so. Given the general policy of formality, with its associated benefits of certainty and clarity, one must consider the rules relating to proprietary estoppel from the perspective not only of when proprietary estoppel generates rights in land, but also why it does so. This is particularly important in relation to estoppel since it represents a general and potentially broad exception to the formality rules discussed in the fourth chapter. There are three forms of proprietary estoppel: estoppel by representation, estoppel by acquiescence, and estoppel by assurance or promise. The chapter then discusses the consequences of estoppel arising in terms of remedies and effects on third parties. It also examines the relationship between estoppel and formalities, and estoppel and constructive trusts.
12. Easements and Profits
Authors: Lees Emma
Published: September 2020

This chapter examines mortgages, which are fundamental to the functioning of modern land law. They are the means by which most people finance the acquisition of their property. However, mortgages are more than simply a commercial transaction between a lender and a homeowner. They are also a property right in themselves and this brings with it a wide variety of options for the lender in terms of recovering their security. They also pose huge risks for the borrower. The chapter then explains the nature of the mortgage right and considers what terms can and cannot form part of a mortgage agreement. It also details the formal requirements of mortgages in terms of their creation, and identifies problems in the creation of a mortgage and the effects of these, looking in particular at the issues caused by undue influence. Moreover, the chapter describes the rights and obligations of the borrower in a mortgage (mortgagor), as well as that of the lender (mortgagee). Finally, it reflects on the third party effects of a mortgage, priorities, and land registration.
8. Mistake
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

Mistake is one of the most difficult topics in the English law of contract. The principles have never been precisely settled, the decided cases are open to a number of varying interpretations. The position is complicated by the fact that there have been distinct changes in the attitude of the judges to the question of mistake during the last 150 years. This chapter examines the circumstances in which a contract will be held to be defective if one or both of the parties enter into it under some misapprehension or misunderstanding but would not have done so had they known the true position. The discussions cover categorizing mistakes, mistakes about contract terms, mistakes about the identity of the person to whom the contract is addressed, and mistakes of fact or law about the subject matter of the contract or the surrounding circumstances.
4. Registered Title and the Acquisition of Legal Estates
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter examines both the acquisition question and the content question in relation to legal estates within the context of the Land Registration Act 2002. More specifically, it considers how legal estates in land are created and transferred. It also explores the principles that lie behind the registration of title as well as the content of a registered title. After describing the formal acquisition of legal estates, the chapter focuses on the content of a registered title. It then analyses the extent to which a registered title is indefeasible in the light of case law on the effect of fraudulent transactions. It also explains how legal estates can be acquired informally through adverse possession and concludes with a discussion of the human rights aspect of adverse possession.
5. The Acquisition of Equitable Interests
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter considers the acquisition question in relation to certain equitable interests, and more specifically the principal circumstances in which equitable property rights can be acquired. The discussion is centred on equitable interests that arise under a trust and on those acquired through the doctrine of proprietary estoppel. Equitable interests that arise under a trust are also known as beneficial interests. Interests that exist under a trust are necessarily equitable, but not all equitable interests require a trust. The chapter first considers how a beneficial interest under a trust can be acquired and how express trusts of land are created before turning to the acquisition of beneficial interests through resulting and constructive trusts. It then describes four types of constructive trust and goes on to explain the doctrine of anticipation. It also assesses the relationship between proprietary estoppel and constructive trusts.
6. Trusts of Land
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter examines the legal regulation of trusts of land, with a particular focus on co-ownership trusts. It begins with a discussion of the two forms of co-ownership that exist in English law, joint tenancy and tenancy in common, as well as the ‘severance’ rules that enable a joint tenant to become a tenant in common. While joint tenants can act only collectively and their acts necessarily affect the whole of the co-owned estate, tenants in common can also act individually in relation to their own undivided shares in the estate. The chapter goes on to consider the trustees' powers, beneficiaries' rights, and the role of the court in relation to co-ownership trusts as provided by the Trusts of Land and Appointment of Trustees Act 1996. Finally, it explains how the courts resolve disputes between co-owners and disputes between co-owners and creditors as to whether co-owned land should be sold.
10. Freehold Covenants
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter examines the proprietary effect of covenants relating to freehold land as agreements that can be enforced against subsequent owners of the servient land by subsequent owners of the dominant land. It first considers the terminology and structure used to create freehold covenants relating to land before discussing the enforceability of the burden of freehold covenants to define who can sue for breach of covenant. It then looks at indirect enforcement of positive obligations and explains how freehold covenants relate to the acquisition and defences questions. It also analyses the entitlement to the benefit of freehold covenants to define who can sue for breach of covenant, the common remedies for breach of a freehold covenant, and the statutory jurisdiction to alter outdated covenants. Finally, it evaluates a number of proposals to reform the law governing land covenants.
2. The elements of a crime
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter focuses on the meaning of actus reus and mens rea. It explains the constituents of an actus reus; the requirement of an act; the coincidence of actus reus and mens rea; and criminal liability without an act.
10. Non-fatal offences against the person
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines non-fatal offences that range from a trivial tap on the shoulder to levels of harm threatening life itself. While the relevant offences are archaic in their definition and lacking in any coherent structure, they are extremely important because they are frequently prosecuted and they also give rise to interesting questions on issues central to the criminal law, such as how the autonomy of the individual should be respected. The chapter considers whether psychiatric illness can amount to an offence against the person; what level of harm constitutes ‘actual’ bodily harm as opposed to ‘grievous’ bodily harm; and whether actual bodily harm must be ‘inflicted’ or merely caused. Finally, the chapter examines the criminalization of disease transmission. This also chapter examines the controversial question of whether and, if so, when a sane adult should be permitted to consent to harm to himself or to the risk of harm to himself. It considers the threshold of harm—should V be permitted to consent to any level of harm or only to minor harms; whether a person should be permitted to consent to different levels of harm in certain activities: surgery, boxing, horseplay, etc; whether the transmission or risk of transmission of diseases or infections can be consented to; and what constitutes ‘true’ consent.
12. Theft
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines the law governing theft. It considers the extent to which the criminal law of theft conflicts with civil law concepts of property; whether it is possible to steal property that belongs to oneself; the types of property that may be stolen; and the extent to which it is possible to provide a definition of ‘dishonesty’. The test for dishonesty has been fundamentally altered by the Supreme Court and the Court of Appeal, developments which are analysed in this chapter.
13. Robbery
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines the offence of robbery. It is a very serious statutory offence that is, in essence, an aggravated form of theft. The chapter considers the circumstances in which it would be more appropriate to charge someone with theft rather than robbery. The chapter also examines the difficulties in defining the word ‘force’, which is key to establishing liability for robbery.
21. Assisting and encouraging: Serious Crime Act 2007, Part 2
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter considers the ways in which criminal law applies to those responsible for assisting or encouraging crimes, i.e. the liability under the Serious Crime Act 2007. It examines the unduly complex drafting of the offences and their wide scope.
1. Partnerships and Partnership Law
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter describes the essential characteristics and consequences of a partnership and the derivation and development of partnership law in England and Wales under the Partnership Act 1890. It also covers the introduction of limited partnerships and contrasts both with LLPs; topics which are dealt with from chapter 9 onwards. It highlights the lack of legal personality, contrasting that with partnership law in Scotland, and the consequent problems of contemplated partnerships and continuity. Then it sets out the three essentials for a partnership to exist: a business, carried on in common, with a view of profit, contrasting partnerships with joint ventures. The chapter also considers the complications if there are corporate partners. Finally, it sets out the basic issues relating to jurisdiction for foreign partnerships.
9. Limited Partnerships
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter concerns the rapidly development of the law relating to limited partnerships under the Limited Partnerships Act 1907 (as amended).. It follows the recent rapid rise in the number of such firms on both sides of the border and the recent reform of the law, including the creation of the private fund limited partnerships(PFLPs). For non PFLPs it details the rules relating to formation, the liability of a limited partner and the modifications of partnership law, including non-interference in management and financial constraints. The relationship between the general and limited partners as to provision of information and derivative actions are set out. With regard to PFLPs, the differences from non PFLPs as to registration, interference in management (the white list), capital contributions, duties of limited partners and winding up are covered. Finally, the chapter considers the proposed (2019) further reforms to counter abuse of the limited partnership form in financial frauds.
11. The Corporate Structure
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter explains the statutory requirements with respect to the formation of an LLP and explains the process by which an LLP is incorporated. It explains how, as an incorporated body, an LLP acts through its members and other agents, and how their acts and their potential wrongdoing can be attributed in law to the LLP itself. It addresses the concept of limited liability that is consequent to an LLP's incorporation, and identifies the obligations that are imposed on an LLP arising from limited liability, in terms of registration and publicity.
8. Research
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter first explains the purpose of legal research. It then discusses approaches and strategies for carrying out legal research in both academia and practice, which include planning, research techniques, updating, and recording and presenting research. It also considers primary and secondary sources of legal material.
10. Persuasive oral communication and presentations
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter first explains the fundamental oral communication skills law students need, including non-verbal communication such as eye contact and body language. It then shows students how to use these skills to deliver an effective presentation during legal studies, whether in class, for an assessment, or otherwise, such as in a law clinic. It then goes on to develop these skills for practice, and provides guidance as to why, when, and how a lawyer must employ persuasive oral communication with clients.
13. The Grounds of Judicial Review
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter discusses the grounds upon which it is possible to challenge administrative decisions by way of judicial review, and shows that there are many and varied grounds on which courts may review decisions taken by public bodies. A notable theme in this area concerns the deepening, in recent years, of judicial scrutiny of the executive. New grounds of review—such as legitimate expectation and proportionality—have emerged, often involving a greater degree of judicial oversight of executive decisions than has traditionally existed.
5. Leases
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

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 development in land law called the commonhold.
15. Completing the puzzle
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

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: September 2020

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.
2. Registered Land
Authors: Bevan Chris
Published: September 2020

This chapter offers a detailed account of how land registration operates under the Land Registration Act 2002 (LRA 2002). The LRA 2002 is the primary source of our title registration system and provides the statutory framework for the modern law. This chapter unpacks the LRA 2002: its objectives, mechanics, as well as exploring the implications of registration for the enforceability of interests in land.
6. Interests in the Family Home
Authors: Bevan Chris
Published: September 2020

For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through operation of the law of implied trusts: constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that gives courts jurisdiction to declare and adjust property interests. In this situation, the courts turn to the law of trusts to determine rights in the home, as this chapter explores.
10. Easements and Profits
Authors: Bevan Chris
Published: September 2020

This chapter considers two rights in land that fall short of rights of possession: easements and profits. These lesser, non-possessory rights are a vital way in which even more of the value in land can be unlocked. An easement is a right of one landowner to enjoy limited use of another’s, neighbouring land. A profit involves a right to take something from another’s land e.g. fish or wood. It involves more than a mere limited right over another’s land but rather entails a right to appropriate some part of the natural product of that land.
11. Freehold Covenants
Authors: Bevan Chris
Published: September 2020

This chapter considers covenants that exist in relation to freehold land—also known as ‘freehold covenants’. As the name suggests, these are promises made between freehold owners of land. The chapter explores the nature of freehold covenants; how such covenants are created and enforced between the orginal parties and successive owners of the land. Finally, this chapter discusses how freehold covenants can be discharged and modified and reform of the law in this area.
14. Land Law and Human Rights
Authors: Bevan Chris
Published: September 2020

This chapter examines the relationship between land law and human rights. From a distinctly land law perspective, the human rights discourse has given rise to much debate, which continues to fuel much academic commentary including recent examination of the availability of horizontal effect in McDonald v McDonald in the Supreme Court and in the European Court of Human Rights. The chapter focuses chiefly on the two most pertinent provisions of the European Convention on Human Rights (ECHR) for land law; namely Art. 1 of the First Protocol and Art. 8 and reflects on the, at times, difficult relationship between land law and human rights.