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Chapter

Cover Essential Cases: Criminal Law

R v SO [2013] EWCA Crim 1725, Court of Appeal  

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 SO [2013] EWCA Crim 1725, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v SO [2013] EWCA Crim 1725, Court of Appeal  

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 SO [2013] EWCA Crim 1725, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Business Law

8. Terms of a Contract  

This chapter focuses on the terms or details of a contractual agreement, and considers the implications of what the parties intend to include in the agreement, what they did not mean to be included in the contract, and what significance different terms may have in the contract. It distinguishes between the terms of a contract and representations, and considers whether, when a term has been identified as such, it is a ‘condition’ or a ‘warranty’. The chapter then studies how terms are implied into the contract and how this affects terms that have been expressed. It concludes by examining how parties may seek to exclude or limit a legal responsibility through the incorporation of an exclusion clause.

Chapter

Cover Essential Cases: Contract Law

L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235. The document also includes supporting commentary from author Nicola Jackson.

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 Complete Criminal Law

6. Defences of incapacity and mental conditions  

This chapter examines the use of incapacity and mental condition defences for criminal offences in England and Wales. It discusses the general principles of the excusatory defence of insanity and of automatism as distinct from diminished responsibility and explores the notion that insanity is out of date and unrelated to contemporary classifications of mental illness. It considers whether insanity can be pleaded for all crimes and explains that intoxication will rarely reduce criminal liability. It explains and clarifies the Majewski rule and how it works. It also considers intoxicated mistake. The chapter evaluates arguments for and against the age of criminal responsibility and analyses court decisions in relevant cases.

Chapter

Cover Essential Cases: Contract Law

Lombard North Central plc v Butterworth [1987] QB 527  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lombard North Central plc v Butterworth [1987] QB 527. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Lombard North Central plc v Butterworth [1987] QB 527  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lombard North Central plc v Butterworth [1987] QB 527. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Anson's Law of Contract

15. Discharge for Breach  

Jack Beatson, Andrew Burrows, and John Cartwright

If one of the parties to a contract breaches an obligation which the contract imposes, that party is in breach of contract. The breach may consist in the non-performance of the relevant obligation, or its performance in a manner or at a time that fails to comply with the requirements of the contract. This chapter sets out the rules governing the discharge of a contract by breach. It shows that the breach may give rise to discharge only if it is sufficiently serious in its effects (a breach which ‘goes to the root of the contract’, or a ‘repudiation’ of the contract) or if it is a breach of a sufficiently serious term of the contract (breach of ‘condition’).

Chapter

Cover Poole's Textbook on Contract Law

13. Breach of contract  

Robert Merkin, Séverine Saintier, and Jill Poole

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. There are four ways to discharge a contract: by performance, agreement, frustration, or breach. The standard of performance required in relation to each contractual obligation needs to be identified because a failure to perform to the required standard constitutes a breach. In the absence of lawful excuse, a breach of contract arises if a party either fails or refuses to perform a contractual obligation imposed on that party by the terms of the contract or performs a contractual obligation in a defective manner. While every breach of contract will give rise to a right to claim damages, the contract will remain in force unless the breach constitutes a repudiatory breach. The chapter examines the types of repudiatory breaches and the election to terminate or affirm, together with an assessment of the law governing the identification of a repudiatory breach and the consequences of terminating when the breach is not in fact repudiatory. It also examines the options available to the non-breaching party when an anticipatory breach occurs.

Chapter

Cover Contract Law

22. Breach of Contract and Termination  

This chapter begins with a definition of ‘breach of contract’ and then outlines the circumstances in which a breach of contract gives to the innocent party a right to terminate further performance of the contract. These include breach of a condition and breach of an intermediate term where the consequences of the breach are sufficiently serious. The chapter also considers the problems that can arise in deciding the status of a term which has not been classified by the parties as a condition, a warranty, or an intermediate term. It examines termination clauses and the significance attached to the good faith of the party who is alleged to have repudiated the contract. The chapter includes a brief comparison of English law with the Vienna Convention on Contracts for the International Sale of Goods and with the Principles of European Contract Law, and also addresses the question of whether an innocent party is obligated to exercise its right to terminate further performance of the contract, and considers the loss of the right to terminate. It concludes with a discussion of the law of anticipatory breach of contract.

Chapter

Cover Card & James' Business Law

11. Discharge of the contract  

This chapter examines the procedures and processes involved in the discharge of a contract. It describes the situations under which a contract will become discharged and discusses the four methods of discharge, namely discharge by performance, discharge by agreement, discharge by breach, and discharge by frustration. This chapter also explains that there are cases where a contract will be automatically discharged with no possibility of continuance (such as where the contract is discharged by frustration) and there are those where the actions of one party may result in the other party being entitled to terminate the contract (for example, breach of a condition) or may simply entitle him to recover damages only (for example, breach of a warranty).