1-7 of 7 Results

  • Keyword: classifications x
Clear all

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

8. Classification of terms  

This chapter distinguishes conditions, warranties, and innominate terms in relation to the different consequences of their breach; the availability, or not, of the right to terminate for breach. It identifies the test for determining which classification applies to a particular term, relating it to the benefits and drawbacks of the condition and the innominate term categorizations: certainty/inflexibility in relation to conditions and flexibility/certainty in relation to innominate terms. The development of the innominate term approach in Hong Kong Fir is explored. The significance of the objective intention of the parties at the time the contract was made is examined with reference to key cases, such as Bunge v Tradax and Ark Shipping v Silverburn Shipping.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

22. General defences  

This chapter focuses on defences. The following controversies are examined: whether the fact of childhood constitutes a defence; the extent to which duress can negate criminal liability; whether necessity ought to be a defence; whether recent legislative developments have rendered self-defence unduly complex; and the distinction between justifications and excuses and whether these classifications have any practical import.

Chapter

Cover Complete Criminal Law

1. Introduction to the criminal justice system  

This chapter discusses the principles and structure of criminal law and evaluates the criminal justice system in the light of statistics and public perception and the context in which the criminal law operates. It begins with a discussion of the definition of crime and criminalisation and explains theories of criminal law, such as the harm principle, moralism, and feminism. Problem question technique and IRAC are discussed in this chapter. The burden and standard of proof in criminal proceedings and the classification of crimes and the courts are discussed. Finally, the chapter explores miscarriages of justice, punishment, and access to justice.

Chapter

Cover Legal Skills

1. Getting started  

This chapter is aimed at getting you started in your legal studies. It addresses some of the questions and concerns that students have about studying law and starting at university. It explains something of the nature of the law and how it impacts on society before moving on to look at some of the practicalities involved in studying law as it considers how the degree is structured and how teaching and assessment will work.

Chapter

Cover Constitutional and Administrative Law

1. The meaning of a constitution  

This chapter begins with a discussion of the meaning of the term ‘constitution’. It distinguishes between a written and an unwritten constitution and outlines the special procedures for amending written constitutions. Constitutions are frequently classified according to their characteristics, and several of the more common classifications are explained in this chapter. The chapter also considers: the value of written constitutions, the unwritten nature of the UK constitution, whether the UK has a constitution, sources of the UK constitution, and the changing nature of the UK constitution. It concludes by addressing the question of whether the UK should have a written constitution.

Chapter

Cover Legal Skills

1. Getting started  

This chapter is aimed at getting you started in your legal studies. It addresses some of the questions and concerns that students have about studying law and starting at university. It explains something of the nature of the law and how it impacts on society before moving on to look at some of the practicalities involved in studying law as it considers how the degree is structured and how teaching and assessment will work.

Chapter

Cover International Law

15. The law of armed conflict  

This chapter assesses the law of armed conflict. The right to resort to armed force, known as ‘jus ad bellum’, is a body of law that addresses the permissibility of entering into war in the first place. Despite the restrictions imposed by this body of law, it is clear that international law does not fully forbid the use of force, and instances of armed disputes between and within States continue to exist. Consequently, a second, older body of law exists called ‘jus in bello’, or the law of armed conflict, which has sought to restrain, or at least to regulate, the actual conduct of hostilities. The basic imperative of this body of law has been to restrict warfare in order to account for humanitarian principles by prohibiting certain types of weapons, or protecting certain categories of persons, such as wounded combatants, prisoners of war, or the civilian population.