bluuebunny/crossref_metadata_2025 huggingface dataset:
3. Offer and Acceptance
Authors: McKendrick Ewan
Published: August 2024

This chapter discusses the rules of offer and acceptance that have been laid down by the courts over the years. It states that the rules claim to be of general application and that they purport to give effect to the intention of the parties, albeit their intention objectively ascertained. The chapter also establishes that the rules in practice are often inter-linked. For example, the question whether or not an offer has been accepted may depend in a particular case on whether or not the offer was revoked before it was accepted; a court deciding such a case must decide when both the acceptance and the revocation took effect. The chapter examines the difference between an offer and an invitation to negotiate (or an invitation to treat), particularly in its application to contracts concluded in shops, tenders and contracts concluded at an auction, the battle of the forms, the time at which acceptance takes place when a contract is concluded by post, and acceptance in the case of unilateral contracts.
4. Uncertain and Incomplete Agreements
Authors: McKendrick Ewan
Published: August 2024

The parties to agreements sometimes express themselves in terms that are vague, incomplete, or uncertain. The courts have experienced considerable difficulty in deciding whether or not an agreement has been expressed in a form that is sufficiently certain for them to enforce. On the one hand, judges generally do not wish to be seen to be making the contract for the parties, and on the other hand, are reluctant to deny legal effect to an agreement that the parties have apparently accepted as valid and binding. The result has been a degree of tension in the case-law. This chapter examines two groups of cases. The first group consists of cases in which it was held that the agreement was too uncertain or too vague to be enforced, while the second comprises a number of cases in which the courts have concluded that the agreement was valid and binding.
5. Consideration and Promissory Estoppel
Authors: McKendrick Ewan
Published: August 2024

The doctrine of consideration is one feature of English contract law that readily distinguishes it from the law of contract in civilian jurisdictions. Its essence is that a promisee cannot enforce a promise unless he has given or promised to give something in exchange for the promise, or unless the promisor has obtained (or been promised) something in return. In other words, there must have been a bargain between the parties. This chapter analyses the current scope of the doctrine of consideration, particularly the rule that consideration must be sufficient but need not be adequate; the pre-existing duty rule and the question whether a promise to pay, or part payment of a debt, is good consideration for the discharge of the entire debt; and the rule that past consideration is not good consideration. It also examines the role of promissory estoppel in contract cases. An estoppel gives (at least limited) effect to a promise that would otherwise be unenforceable (it may be used as a shield but not a sword), thus the effect of an estoppel may be to supplement, or even supplant, the doctrine of consideration. The chapter concludes with a brief discussion of the future of the doctrine of consideration and, in particular, draws on the critique of consideration developed by Professor Atiyah.
7. Intention to Create Legal Relations
Authors: McKendrick Ewan
Published: August 2024

An essential ingredient of a binding contract is that the parties must have had an intention to create legal relations. In other words, they must have had an intention to be bound by the terms of their agreement. This chapter, which examines the doctrine of intention to create legal relations, begins by considering cases involving domestic and social agreements before turning to analyse the role of intention to create legal relations in the commercial environment. The chapter also covers the role of presumptions in relation to proof of the existence of an intention to create legal relations and the relationship between the doctrine of intention to create legal relations and consideration.
9. Incorporation of Terms
Authors: McKendrick Ewan
Published: August 2024

This chapter discusses the incorporation of terms into a contract. Three principal options are available to ensure the incorporation of terms, the first of which is to make sure that the other party to the contract signs the document that contains all the relevant terms. A party is generally bound by terms he has signed, whether or not he has read them. The second option is to take reasonable steps to bring the terms to the notice of the other party. In order to be effective the notice must have been given at or before the time of contracting, in a document that was intended to have contractual effect, and reasonable steps must have been taken to bring the terms to the attention of the other party. The third option is incorporation by course of dealing or by custom. In order to constitute a ‘course of dealing’ there must have been a series of transactions between the parties that was both ‘consistent’ and ‘regular’.
10. Implied Terms
Authors: McKendrick Ewan
Published: August 2024

This chapter discusses implied terms. Terms may be implied into contracts from three principal sources: statute, custom, and the courts. Parliament has, on a number of occasions, implied terms into contracts. The precise reason for the implication of the term depends upon the particular statute. It may be to give effect to the presumed intention of the parties; it may be to reduce uncertainty by enacting a default rule out of which the parties can contract if they do not like the term that Parliament has seen fit to imply; or it may be to protect one party to the transaction from the superior bargaining power of the other. Terms can also be implied into contracts by custom where the custom is certain, reasonable, and notorious. Customs and usages are an important source of obligations in commercial contracts. Terms implied by the courts can be divided into two groups, namely terms implied in fact and terms implied in law. A term is implied in fact when it is implied into the contract in order to give effect to what is deemed by the court to be the unexpressed intention of the parties and is implied because it is necessary to make the contract work. Terms implied in law ‘are those terms that are consistently implied into all contracts of a particular type because of the nature of the contract, rather than the supposed intentions of the parties’.
11. The Interpretation of Contracts
Authors: McKendrick Ewan
Published: August 2024

This chapter focuses on the principles applied by the courts when interpreting contracts. It examines the development of the modern law and focuses on three re-statements of the principles applied by the courts. The first is to be found in the judgment of Lord Hoffmann in Investors Compensation Scheme Ltd v. West Bromwich Building Society, the second is set out in the judgment of Lord Neuberger in Arnold v. Britton, and the third in the judgment of Lord Hodge in Wood v. Capita Insurance Services Ltd. The chapter discusses the scope of these principles (in particular, the ‘factual matrix’, the exclusion of pre-contractual negotiations, the meaning of words, ‘corrective interpretation’, and the balance to be struck between the natural and ordinary meaning of the words and giving to the words a commercial sensible construction).
14. Unfair Terms in Consumer Contracts
Authors: McKendrick Ewan
Published: August 2024

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 4.2 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 (often referred to as the ‘grey list’), and the role of regulators in the enforcement of the legislation. Section 4.3 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.
15. Good Faith
Authors: McKendrick Ewan
Published: August 2024

This chapter discusses the role of good faith in contract law, first analysing the decision in Walford v. Miles [1992] 2 AC 128, where it was held that an obligation to negotiate in good faith is not valid. It then examines the reasons that led to the decision and also explores its limits. Next, the chapter considers the arguments that have been advanced in support of the refusal of English law to recognize the validity of a doctrine of good faith and then turns to the arguments that have been advanced by those who support the recognition of a doctrine of good faith. It concludes by examining the development of a doctrine of good faith in the performance of contracts.
19. Undue Influence
Authors: McKendrick Ewan
Published: August 2024

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 by those in a position of influence over them. 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.
20. Unconscionability and Inequality of Bargaining Power
Authors: McKendrick Ewan
Published: August 2024

This chapter considers a group of cases, such as those concerned with unconscionable bargains, in which the courts have been asked to grant relief on the basis that the contract concluded between the parties was, in some way, unfair, outlining examples drawn both from the common law (including equity) and from statutes. The rise and fall of a doctrine of inequality of bargaining power is also noted. It then considers the arguments in favour of drawing these disparate cases together into one general doctrine and concludes by drawing on some academic reflections on the case-law and the role of fairness in the law of contract more generally.
21. Frustration and Force Majeure
Authors: McKendrick Ewan
Published: August 2024

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.
23. Damages
Authors: McKendrick Ewan
Published: August 2024

This chapter examines the entitlement of a claimant to recover damages in respect of a breach of contract committed by the defendant and is organized as follows. Section 23.2 discusses the different measures of damages that can be awarded, while 23.3 analyses the performance interest. Section 23.4 examines the circumstances in which a claimant can seek damages based on his ‘reliance’ losses rather than his performance interest, and 23.5 discusses the circumstances in which damages may be awarded to protect the claimant’s ‘restitution’ interest. Section 23.6 examines the entitlement of a claimant to recover damages in respect of non-pecuniary losses, particularly ‘mental distress’. Section 23.7 considers the general rule that damages are assessed as at the date of breach and the exceptions to that rule, while 23.8 considers the various doctrines which the courts use in order to keep liability within acceptable bounds. These include remoteness, mitigation, and contributory negligence. Section 23.9 examines the circumstances in which a claimant can recover what is known as ‘negotiating damages’ or the defendant can be ordered to account to a claimant for the profits that he has made from his breach of contract. Section 23.10 looks at the possibility that exemplary damages might play a role in breach of contract cases. The chapter concludes, in the final sections, with a discussion of agreed damages clauses (and related clauses) and their legal regulation.
24. Specific Performance
Authors: McKendrick Ewan
Published: August 2024

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.
3. The features and sources of the UK constitution
Authors: Dennett Anne
Published: August 2024

This chapter examines the characteristics of the UK constitution. The main features of the UK constitution are that it is uncodified; flexible; traditionally unitary but now debatably a union state; monarchical; parliamentary; and based on a bedrock of important constitutional doctrines and principles: parliamentary sovereignty, the rule of law, separation of powers; the courts are also basing some decisions on bedrock principles of the common law. Meanwhile, the laws, rules, and practices of the UK constitution can be found in constitutional statutes; judicial decisions; constitutional conventions; the royal prerogative; the law and custom of Parliament; and works of authoritative writers. The chapter then looks at the arguments for and against codifying the UK constitution.
5. Brexit
Authors: Dennett Anne
Published: August 2024

This chapter discusses UK membership of the European Union and the Brexit process. On 1 January 1973, the UK became a member of the European Economic Community, and the UK Parliament passed the European Communities Act 1972, allowing directly applicable European laws to take effect as part of UK domestic law which had an impact on parliamentary sovereignty. In the 2016 Brexit referendum, a narrow majority of the public voted in favour of leaving the European Union, and. the European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972 on exit day when the UK left the European Union. Brexit made significant changes to the UK constitution including the creation of a new body of retained EU law in UK domestic law, its impact on devolution, and raising the question of whether it has been a sufficient constitutional moment to trigger a codified UK constitution.
9. Constitutional rights and principles
Authors: Dennett Anne
Published: August 2024

This chapter addresses the doctrine of common law constitutional rights. This is a controversial area where judges uphold the rule of law to restrict not only government power, but occasionally the meaning of statutes in order to protect the fundamental rights and values that permeate the UK constitution. This can create tensions between parliamentary sovereignty, separation of powers, and rule of law. There is no definitive list of common law constitutional rights and values and they are unwritten, but they are essentially the rights and values protected by the rule of law that have evolved as rules of ‘fair play’ and justice. They include justice; legality; fundamental rights such as liberty, freedom of expression, and equality; accountable government; and democracy.
11. The key functions of Parliament
Authors: Dennett Anne
Published: August 2024

This chapter identifies Parliament’s primary functions of making law and scrutinising government action. Parliament’s scrutiny of government has been defined as ‘the process of examining expenditure, administration, and policy in detail, on the public record, requiring the government of the day to explain itself to parliamentarians as representatives of the citizen and the taxpayer, and to justify its actions’. In the absence of a codified constitution and entrenched limits on executive power, the requirement for the government to answer to Parliament for its actions acts as a check and control. The chapter also considers the legislative process, particularly legislative scrutiny. Secondary legislation made by the government can often be subject to much less scrutiny and debate than primary legislation, and sometimes none at all. These scrutiny gaps increase the risk of arbitrary law-making and ‘governing from the shadows’, again raising rule of law concerns.
12. The executive
Authors: Dennett Anne
Published: August 2024

This chapter discusses the executive, the administrative branch of government which creates and executes policy, and implements laws. It specifically focuses on the organisation of central government in the UK. Central government in the UK carries out day-to-day administration in relation to England and the whole of the UK on non-devolved matters. Its functions include the conduct of foreign affairs, defence, national security, and oversight of the Civil Service and government agencies. Central government essentially consists of the government and Civil Service but modern government is extensive, multi-layered, and complex. The chapter then studies the sources of ministerial power and legal and political controls on their power. Ministers’ legal authority to act can derive from statute, common law, or royal prerogative. The royal prerogative is a historic source of power which is not authorised by statute. Government power is controlled in various ways, notably through the important doctrine of ministerial responsibility.
13. The judiciary
Authors: Dennett Anne
Published: August 2024

This chapter examines the role of the judiciary in the UK constitution, the critically important concepts of judicial independence and neutrality, accountability of judges, and judicial power. The UK courts administer justice; uphold the rule of law; and act as a check on executive power. Judicial independence requires that judges should be free from external influences in their decision-making, and make decisions without political interference or fear of reprisal. Meanwhile, judicial neutrality means that judges should determine legal disputes impartially, objectively, and solely by applying the law. At first sight, judicial accountability seems inconsistent with being independent, but it is essential that the judiciary adheres to the highest standards in carrying out its functions. In the absence of a codified constitution, the boundaries of judicial power operate within a framework of constitutional principles and conventions, but there is debate over the limits of that power.
14. Challenging government action
Authors: Dennett Anne
Published: August 2024

This chapter focuses on the administrative justice system. Administrative justice refers to the systems that enable individuals to resolve complaints, grievances, and disputes about administrative or executive decisions of public bodies, and to obtain redress. Grievance mechanisms exist to achieve redress and to ensure accountability and improved public administration. They include formal court action through judicial review, but range well beyond the courts to informal, non-legal mechanisms. Whereas a public inquiry may concern a grievance of a larger section of the public and can raise political issues, an investigation by an Ombudsman concerns a grievance of an individual or small group, with a different fact-finding process. Meanwhile, tribunals determine rights and entitlements in disputes between citizens and state in specific areas of law, such as social security, immigration and asylum, and tax.
18. Human rights in action
Authors: Dennett Anne
Published: August 2024

This chapter explores how three Convention rights operate in practice: the right to life (Article 2), the right to a private and family life (Article 8), and freedom of religious belief (Article 9). Article 2 provides that everyone’s right to life shall be protected by law. No one shall be deprived of one’s life intentionally save for very limited exceptions. Article 8 provides that everyone has the right to respect for one’s private and family life, home, and correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law. Meanwhile, Article 9 provides that everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change and manifest one’s religion or belief.
8. Causation
Authors: Brennan Carol
Published: August 2024

This chapter discusses the law on intervening acts and remoteness. There are a range of situations in which the defendant’s act can be a cause of the claimant’s loss because it satisfies the ‘but-for’ test. However, this is followed by one or more events which contribute to the eventual damage in such a way that the chain of causation can be broken. This is sometimes referred to as an intervening act (or novus actus interveniens), and such acts can be divided into three categories: actions by the claimant himself, actions by a third party, and natural events. Remoteness is a simpler way of describing what is also known as causation in law, and is concerned with the extent of a defendant’s duty. The key case is The Wagon Mound (No 1) where the test of reasonable foreseeability of damage was adopted.
9. Employers’ liability and vicarious liability
Authors: Brennan Carol
Published: August 2024

This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
10. Product liability
Authors: Brennan Carol
Published: August 2024

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987 (CPA 1987), passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA 19876 establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA 1987 include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.
11. Intentional torts
Authors: Brennan Carol
Published: August 2024

This chapter discusses both common law and statute in relation to the torts of trespass to the person: battery, assault, and false imprisonment. These torts have three common characteristics: they are the result of intentional actions, take the form of direct harm, and are actionable per se, that is, without proof of damage. An additional intentional tort is derived from Wilkinson v Downton (1897), the wilful infliction of physical harm upon the claimant by indirect means. This category of intentional harm is also augmented by the Protection from Harassment Act 1997. Defences to the intentional torts are also discussed.
15. Privacy
Authors: Brennan Carol
Published: August 2024

This chapter discusses the law on the protection of privacy. The passage of the Human Rights Act 1998, incorporating the European Convention on Human Rights (ECHR) into domestic law, enabled a new perspective on the question of protection of privacy, previously not covered by a specific tort. The art 8 right to respect for private and family life must be balanced with the equally powerful art 10 right to freedom of expression. Campbell v MGN (2004) provides a detailed consideration of this area of law by the House of Lords. The chapter covers the action for misuse of private information, the issue of photography, and that of remedies.
Land Law
Authors: Bevan Chris
Published: August 2024

Academically rigorous yet welcoming and fully attuned to the needs of the student reader, Land Law represents a new breed of textbook, blending traditional and contemporary teaching approaches to guide its readers to a confident understanding of the subject. With a lively, engaging writing style and distinctive way of speaking directly to students, anticipating questions and areas of confusion, Bevan’s book does not simply set out the law but actively teaches it. Clear explanations are complemented by frequent, carefully-crafted visual aids and topics are broken down into sections that are easy to digest and navigate. ‘Key case’ boxes offer concise insights on leading cases, spurring further reading of primary material, and ‘Future directions’ conclusions for each chapter consider future implications and likely reforms. Balancing brevity with detail and rigour with accessibility, Land Law is a truly modern textbook that supports and motivates its readers, helping them to understand and enjoy what can be a complex subject.
4. Adverse Possession
Authors: Bevan Chris
Published: August 2024

This chapter explores the law of adverse possession which exists as an exception to position that interests in land can only be created when formality requirements are met. A claim to adverse possession is a claim brought by a trespasser or squatter who has been in possession of another’s land for a long period of time. If successful, the trespasser or squatter may become the legal owner of that land. The chapter discusses the justifications for adverse possession; the requirements that must be satisfied to establish a claim to adverse possession and the effect of adverse possession on the original landowner.
5. Co-ownership
Authors: Bevan Chris
Published: August 2024

This chapter explores the law of co-ownership. Co-ownership describes the situation where two or more people own land simultaneously; i.e. they own the land at the same time. There are two forms of co-ownership: joint tenancy and tenancy in common. The chapter also considers questions such as how is co-owned land held at law and in equity, and how do courts determine disputes involving co-owned land. The law of co-ownership represents an amalgam of common law rules and statutory provisions, most notably under the provisions of the Law of Property Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996 all of which are unpacked in this chapter.
6. Interests in the Family Home
Authors: Bevan Chris
Published: August 2024

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.
1. Introduction to constitutional law
Authors: Faragher Colin
Published: August 2024

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exist. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.
2. Sources of constitutional law and constitutional conventions
Authors: Faragher Colin
Published: August 2024

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first discusses the five key sources of UK law: the common law in the form of judicial decisions and cases involving the interpretation of statutes, Acts of Parliament, EU retained and converted law, and the European Convention on Human Rights and Fundamental Freedoms. It then turns to the issue of constitutional conventions, covering the distinction between laws and conventions, whether constitutional conventions are binding, and examples of constitutional conventions.
5. Parliamentary government and the legislative process
Authors: Faragher Colin
Published: August 2024

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the King in Parliament. Parliament is bicameral, meaning that, apart from the King, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—is guardian of the constitution through the work of the House of Lords Constitution Committee and protects the constitution and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.
13. Grounds for judicial review
Authors: Faragher Colin
Published: August 2024

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.
Criminal Law
Authors: Herring Jonathan
Published: August 2024

This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. The book looks at actus reus and mens rea and at strict liability. The book also examines homicide; non-fatal non-sexual offences; sexual offences; theft, handling, and robbery; and fraud. It further analyses issues relating to burglary and blackmail, criminal damage, defences, and, finally, considers the criminal liability of corporations, inchoate offences, and complicity.
1. An Introduction to Criminal Law
Authors: Herring Jonathan
Published: August 2024

This chapter begins by addressing the question: what is a crime? Most modern definitions fall into two categories, the moral and the procedural. Moral definitions are based on the claim that there is or should be an intrinsic quality shared by all acts criminalized by the state. Procedural definitions argue that crimes are such because criminal law recognizes public wrongs as violations of rights or duties owed to the whole community. The chapter covers the role of criminal law; the statistics of criminal behaviour; the ‘principles’ of criminal law; proposals for a Criminal Code; conduct that should be criminalized; culpability; the victim in criminal law; the criminal process; criminal law and the Human Rights Act 1998; critical criminal law; feminist legal thought; punishment; and sentencing.
3. Mens Rea : The Mental Element
Authors: Herring Jonathan
Published: August 2024

Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. It has often been suggested that mens rea plays the crucial role of ensuring that only blameworthy defendants are punished for their crimes; however, a defendant’s blameworthiness or state of mind is only part of the picture. This chapter considers the following concepts that are used throughout criminal law: (a) intention; (b) recklessness; (c) negligence; and (d) knowledge.
4. Strict Liability
Authors: Herring Jonathan
Published: August 2024

A strict liability offence is one where it is not necessary to prove any mental state of the defendant. All that needs to be shown is that the defendant caused a particular result or carried out a particular act. The courts will only interpret the offence to be one of strict liability where Parliament has made it quite clear that there is no mens rea requirement for the offence. There are some offences which just require proof that the defendant possessed a prohibited item. This chapter discusses the offences that are strict liability; when a court will not presume mens rea; what mens rea will be presumed; the Human Rights Act 1998 and strict liability offences; common law defences and strict liability offences; possession offences; and the arguments for and against strict liability.
5. Homicide
Authors: Herring Jonathan
Published: August 2024

This chapter discusses homicide in the criminal law, which can be divided into the following categories: murder, manslaughter, infanticide, and a number of specific offences concerned with causing death while driving—with the first two categories being by far the most important. It considers suicide pacts, mercy killing, and euthanasia; homicide statistics; non-homicide killings; and diminished responsibility. Significant academic and political energy is put into homicide law, considering the relatively few homicide offences that take place each year. What this reveals is that the law’s approach to homicide has great symbolic importance in both political and legal terms.
10. Burglary and Blackmail
Authors: Herring Jonathan
Published: August 2024

This chapter discusses the law and theory on burglary and blackmail. The offence of burglary is committed where a defendant enters a building as a trespasser with intent to commit one of the offences listed in section 9 of the Theft Act 1968. It is also committed where a defendant has entered a building as a trespasser and then committed one of a list of other offences. To be guilty of blackmail, a defendant must make unwarranted demands with menaces with a view to making a gain for themselves or a loss to another.
11. Criminal Damage
Authors: Herring Jonathan
Published: August 2024

This chapter discusses the law and theory on criminal damage. Criminal damage involves the defendant intentionally or recklessly destroying or damaging property belonging to another. The defendant will have a defence if they were acting with a lawful excuse. There is an offence of aggravated criminal damage, where damage was done with the defendant being reckless about whether people’s lives would be endangered as a result. Four criminal damage offences are found in the Criminal Damage Act 1971: basic criminal damage, arson, aggravated criminal damage, and aggravated arson. There is also an offence of racially aggravated criminal damage. The chapter also considers the Computer Misuse Act 1990, which was designed to protect information kept on computers.
12. Defences
Authors: Herring Jonathan
Published: August 2024

This chapter begins with a discussion of the law on defences. Even though the prosecution may have proved the mens rea and actus reus of the offence, a defendant may still be able to escape conviction if they can successfully raise a defence. The chapter covers private defence and the prevention of crime; necessity; chastisement; consent; duress; coercion; entrapment; superior orders; automatism; insanity; diminished responsibility; loss of control; intoxication; and mistake. The second part of the chapter focuses on the theory of defences, covering the definition of defences; justifications and excuses; character, choice, and capacity; determinism; the rejection of an overarching theory; insanity; private defence; duress; necessity; and issues that fall between the gaps of the defences.
Tort Law Directions
Authors: Brennan Carol
Published: August 2024

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 engage fully with each subject and check their understanding as they progress. This book covers all the core areas of tort law, combining an engaging approach with plenty of learning features. It provides a detailed introduction to the key principles of tort law, and illustrates the points of law through discussions of important court cases. Key cases are discussed to illustrate the main principles of tort law; they help to bring the subject to life, allowing students to see how the law operates in practice. This new edition of the text includes increased focus on the influence of human rights on tort law. It is fully updated with recent case law highlighting how quickly tort law is developing particularly.
4. Negligence: causation
Authors: Brennan Carol
Published: August 2024

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 engage fully with each subject and check their understanding as they progress. In addition to duty of care and breach of that duty, the third essential element to bring a successful action in negligence is causation of damage. In other words, the claimant must prove on the balance of probabilities that the breach caused their damage. The defendant cannot be made liable for the harm suffered by the claimant if they are not responsible, or partly responsible, for such harm—even if they have been negligent. The question of causation can be divided into two issues: causation in fact and causation in law (also known as remoteness). The primary means of establishing factual causation is the ‘but for’ test. Reasonable foreseeability of damage of the relevant type (Wagon Mound) is required to establish that the claimant’s injury is not too remote. The chain of causation may be broken by unreasonable or unforeseeable acts or events (novus actus interveniens).
12. Nuisance
Authors: Brennan Carol
Published: August 2024

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 engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product but also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 of the UK involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.
13. Rylands v Fletcher
Authors: Brennan Carol
Published: August 2024

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 engage fully with each subject and check their understanding as they progress. Rylands v Fletcher was an 1868 case that gave birth to a rule imposing strict liability for damage caused by the escape of dangerous things from land. The tort in Rylands v Fletcher differs from nuisance because it does not consider the involvement of the defendant in a continuous activity or an ongoing state of affairs. What distinguishes Rylands v Fletcher from actions in negligence is that there is no need for the existence of a duty of care and its breach, along with the questionable place of personal injury as an actionable type of damage. This chapter examines the tort in Rylands v Fletcher and the nature of the rule that arose from it. It also considers recent case law developments concerning Rylands v Fletcher and their impact on the current state of the law. Finally, the chapter evaluates the defences pertaining to Rylands v Fletcher.
14. Elements of defamation
Authors: Brennan Carol
Published: August 2024

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 engage fully with each subject and check their understanding as they progress. Defamation differs from other aspects of tort law because it is concerned with protecting against harm caused by words. The law of defamation is intended to provide compensation for people whose reputations have been damaged by untrue statements, and it may allow one to obtain an interim injunction to stop a potentially defamatory statement from being published. This chapter discusses the human rights dimension in defamation and the procedural and substantive changes to defamation law introduced by the Defamation Act 2013. It also explores how to strike a balance between the competing rights of freedom of expression and protection of reputation.
16. Privacy and misuse of private information
Authors: Brennan Carol
Published: August 2024

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 engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defined privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.
4. Financial Provision on Divorce
Authors: Morgan Polly
Published: August 2024

One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences. Among other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be valued and divided. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts’ powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. It uses key cases heard in the higher courts before suggesting how their principles can be applied to different levels of wealth. Finally, it asks—if financial settlements are meant to be fair, what does fairness look like? To what extent should the parties be able to do what they want, such as enter into a nuptial agreement—or is it right that there should be limits on this?
9. Children’s Rights and Welfare
Authors: Morgan Polly
Published: August 2024

This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.