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Chapter

Cover Selwyn's Law of Employment

15. Rights in Notice  

One of the features which distinguish a contract of employment from other contractual situations is that a contract of employment is one of continuous obligation with, generally speaking, no specified time for its ending. If either the employer or employee wishes to terminate the contract, notice of such termination must be given. This chapter explores the rights and duties of both the parties to give and receive lawful notice in the event of a termination, ie if there is a dismissal or resignation. It also considers the taxation of payments, pay in lieu of notice, rights during the notice period, ‘garden leave’, notice pay on insolvency, and time limits.

Chapter

Cover Essential Cases: Land Law

AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Cross & Tapper on Evidence

II. Matters not requiring proof and judicial findings as evidence  

This chapter examines the exceptions to the general rule that all facts in issue, or relevant to the issue, in a given case must be proved by evidence. It shows that sometimes, the judge, or trier of fact, is entitled to find a fact of their own motion: judicial notice may be taken of that fact. Alternatively, a party may formally admit a relevant matter. In addition, a matter may still be determined against a party because the law precludes them from contesting it. They are then ‘estopped’, as when the same matter has been determined against them and in favour of their opponent by a binding and conclusive judgment of a court. Finally, this chapter considers the wider question of the status of judicial findings in other proceedings.

Chapter

Cover Essential Cases: Land Law

AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Murphy on Evidence

5. Proof without evidence  

This chapter examines cases in which a court will, or may, find facts in issue or relevant facts established without requiring proof by means of evidence. Specifically, it considers cases in which: (a) facts are formally admitted for the purpose of the proceedings, i.e. are taken to be proved without the need for evidence; (b) notorious or readily demonstrable facts are noticed judicially by the court, i.e. are facts of which the court will acknowledge the truth without the necessity for proof; and (c) facts are presumed in favour of the party asserting them, i.e. where a party proves one fact (the primary fact) and a second fact (the presumed fact) will also be taken to have been proved, in the absence of evidence to the contrary.

Chapter

Cover Complete Land Law

4. Protection of Legal and Equitable Property Rights in Unregistered Land  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the protection of legal and equitable rights in those titles that are still subject to the rules governing unregistered land, including the impact of the Law of Property Act 1925 on equitable interests. Regarding land which is unregistered title, the law divides the existing equitable interests into three groups: those registrable as land charges; those which are ‘overreachable’; and those which are neither registrable as land charges nor overreachable, and are therefore still subject to the doctrine of notice. It investigates the elements of the doctrine of notice and includes cases studies on legal and equitable property rights and constructive notice through failure to investigate. Finally, the position of successors in title to a purchaser without notice is considered.

Chapter

Cover Trusts & Equity

14. Tracing and recovering trust property  

There are situations where trust property passes into the hands of a third party ‘stranger’—a person other than a trustee or beneficiary of the trust. Personal and proprietary remedies against strangers are particularly valuable where the claimant cannot be satisfied with actions against the original trustee. The claimant has to make choices not only in relation to the final remedy, but also when required to ‘elect’ between evidential alternatives. The tracing process, which supplies the evidence that a stranger has received trust property, may require the claimant to make such a choice. This chapter deals with tracing and ‘remedies’, focusing on how a claimant, typically a beneficiary of the trust, is able to trace trust property into the hands of a stranger and recover it by means of a proprietary remedy.

Chapter

Cover Essential Cases: Equity & Trusts

Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Barclays Bank Plc v O’Brien [1994] 1 AC 180, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v O’Brien [1994] 1 AC 180, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: EU Law

Wightman and others v Secretary of State for Exiting the European Union (Case C-621/18), EU:C:2018:999, 10 December 2018  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wightman and others (Case C-621/18), EU:C:2018:999, 10 December 2018. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: Land Law

Binions v Evans [1972] Ch 359, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Binions v Evans [1972] Ch 359, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: EU Law

Wightman and others v Secretary of State for Exiting the European Union (Case C-621/18), EU:C:2018:999, 10 December 2018  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wightman and others (Case C-621/18), EU:C:2018:999, 10 December 2018. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Trusts & Equity

14. Tracing and recovering trust property  

There are situations where trust property passes into the hands of a third party ‘stranger’—a person other than a trustee or beneficiary of the trust. Personal and proprietary remedies against strangers are particularly valuable where the claimant cannot be satisfied with actions against the original trustee. The claimant has to make choices not only in relation to the final remedy, but also when required to ‘elect’ between evidential alternatives. The tracing process, which supplies the evidence that a stranger has received trust property, may require the claimant to make such a choice. This chapter deals with tracing and ‘remedies’, focusing on how a claimant, typically a beneficiary of the trust, is able to trace trust property into the hands of a stranger and recover it by means of a proprietary remedy.

Chapter

Cover Essential Cases: Land Law

Binions v Evans [1972] Ch 359, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Binions v Evans [1972] Ch 359, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Equity & Trusts

Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Barclays Bank Plc v O’Brien [1994] 1 AC 180, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v O’Brien [1994] 1 AC 180, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Selwyn's Law of Employment

11. Health and Safety at Work  

This chapter considers the provisions of the Health and Safety at Work, etc Act 1974. It covers the background to the HASAWA, covering both the criminal and civil liability for health and safety. It considers the powers of inspectors, enforcement of the Act, improvement notices and prohibition notices, the burden of proof and appeals; statutory duties on health, safety, and welfare; the impact of European law; burden of proof; the Corporate Manslaughter and Corporate Homicide Act 2007; and compensation for injuries at work. It also looks at a number of health and safety regulations, including the ‘six pack’. Also looked at is the extent of the employer’s duty, and its duty to unborn children, and the limitation period for bringing an action and risk assessments and employers’ duties in relation to Coronavirus.

Chapter

Cover Poole's Casebook on Contract Law

10. Duress, undue influence, and unconscionable bargains  

Robert Merkin and Séverine Saintier

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines further vitiating factors which relate to the way in which the contract was entered into and render it voidable. It discusses the doctrines of duress and undue influence and whether contracts are affected by a general doctrine of unconscionability relating to the manner of formation and content relative to the nature and position of the contracting parties. The doctrine of economic duress allows for any contract to be set aside where unlawful threats to financial position were made in order to secure agreement. This doctrine is still evolving but represents a mechanism to prevent the enforceability of promises not freely given. Under the doctrine of undue influence, a contract may be set aside if one party has put unfair and improper pressure on the other in the negotiations leading up to the contract. The courts of equity have developed undue influence as one of the grounds of relief to prevent abuse of the influence of one person over another, particularly where the influence results from the nature of the relationship between the parties. The chapter examines types of undue influence, actual undue influence, presumed (or evidential) undue influence, undue influence exercised by a third party, the legal effect of undue influence, and the relationship between undue influence and unconscionability.

Chapter

Cover Poole's Casebook on Contract Law

10. Duress, undue influence, and unconscionable bargains  

Robert Merkin KC, Séverine Saintier, and Jill Poole

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines further vitiating factors which relate to the way in which the contract was entered into and render it voidable. It discusses the doctrines of duress and undue influence and whether contracts are affected by a general doctrine of unconscionability relating to the manner of formation and content relative to the nature and position of the contracting parties. The doctrine of economic duress allows for any contract to be set aside where unlawful threats to financial position were made in order to secure agreement. This doctrine is still evolving but represents a mechanism to prevent the enforceability of promises not freely given. Under the doctrine of undue influence, a contract may be set aside if one party has put unfair and improper pressure on the other in the negotiations leading up to the contract. The courts of equity have developed undue influence as one of the grounds of relief to prevent abuse of the influence of one person over another, particularly where the influence results from the nature of the relationship between the parties. The chapter examines types of undue influence, actual undue influence, presumed (or evidential) undue influence, undue influence exercised by a third party, the legal effect of undue influence, and the relationship between undue influence and unconscionability.

Chapter

Cover The Modern Law of Evidence

4. Proof of facts without evidence  

Facts in issue and relevant facts are treated as established by the courts only insofar as they are proved by evidence. This chapter discusses three exceptions to this general rule: (i) some facts may be presumed in a party’s favour in the absence of proof or complete proof, including marriage, legitimacy, death, the regular and proper performance of public or official acts, sanity, and negligence; (ii) a fact will be treated as established where the court takes judicial notice of it either (a) without enquiry, in the case of facts that are beyond serious dispute, notorious or of common knowledge or (b) after enquiry (usually political facts, customs, professional practices, and historical and geographical facts); and (iii) a fact ceases to be in issue when a party has formally admitted it.