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Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

18. Performance and breach  

This chapter covers the two contractual situations of performance and breach. First, it recognizes that most contracts are performed and completed, with the consequence that liability ceases and the obligations under the contract are discharged by performance. Some obligations may be classed as conditions precedent, or as conditions subsequent, and the order for performance may be provided for by contingent conditions. The relevance of the entire contracts rule is noted. Second, the chapter explores the injured party’s right to terminate for breach. The right to terminate for repudiatory breach and the right to terminate for anticipatory breach of contract, are both illustrated through the relevant case law which highlight the possible options available to an injured party and the consequences which may follow.

Chapter

Cover Textbook on Land Law

10. Obligations of landlord and tenant  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with the rights and duties of the landlord and tenant who are the parties to the lease. Every lease contains provisions which define the obligations of the landlord and tenant under the lease. Obligations in a lease may be imposed in one of two ways: by covenants or by conditions. A ‘covenant’ is a promise made by one party (the ‘covenantor’) for the benefit of another party (the ‘covenantee’) which is contained in a deed. Express, implied, and usual covenants are discussed.

Chapter

Cover Criminology

14. Economic marginalization, social exclusion, and crime  

Chris Hale

This chapter considers the debates surrounding the relationships between economic conditions and crime. It examines the links between poverty, inequality, and crime, and discusses concepts such as the underclass and social exclusion. For many, integrating people into work is central to combating social exclusion. At the centre of this debate lie not only matters of power and inequality, but also the need to question the nature of paid work and the position it takes within capitalist society.

Chapter

Cover Steiner and Woods EU Law

9. State Liability  

This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability; the criterion of a ‘sufficiently serious’ breach laid down in subsequent cases such as Brasserie du Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.

Chapter

Cover Textbook on Land Law

10. Obligations of landlord and tenant  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with the rights and duties of the landlord and tenant who are the parties to the lease. Every lease contains provisions which define the obligations of the landlord and tenant under the lease and some obligations are also implied into leases by operation of law. The chapter discusses the distinction between covenants and conditions in leases, some obligations peculiar to landlords and how they arise, some obligations peculiar to tenants and how they arise, and concludes by considering some cases of shared responsibility. It illustrates the law by reference to the two leases of the basement flat and the maisonette at 5 Trant Way, introduced in Chapter 9.

Chapter

Cover Essential Cases: Contract Law

Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Court of Appeal. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Court of Appeal. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Steiner & Woods EU Law

9. State liability  

This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability; the criterion of a ‘sufficiently serious’ breach laid down in subsequent cases such as Brasserie du Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.

Chapter

Cover Sentencing and Punishment

11. Court orders for young offenders  

This chapter first considers the range of civil orders available to the courts in responding to anti-social or criminal behavior by children and young people. It therefore focusses on the criminal behaviour orders and injunctions as well as the community remedy. It then looks at the options available to the sentencing court in relation to criminal offending and so refers in particular to the referral order and the Youth Offender Panel, the youth rehabilitation order and the detention and training order. We note the welcome fall in the number of children in prison but note the increase in the average custodial sentence length. The chapter also discusses selected aspects of conditions in secure accommodation and reviews the role and achievements of using rights in responding to problematic issues.

Chapter

Cover Sentencing and Punishment

8. Justice in the modern prison  

In this chapter we focus on the treatment of adult prisoners, examining a number of aspects of prison life as well as considering the aims of imprisonment. Key developments since 1990 are considered, including the Woolf Report (Woolf and Tumin 1991), managerialism and privatisation, the implications of the Human Rights Act (HRA) 1998 and the impact of the pandemic, to assess whether the just treatment of prisoners has been achieved. While substantial improvements in prison regimes have been made since the early 1990s, there has also been considerable pressure on them from the expanding prison population. The problem of reconciling respect for the rights of prisoners with the administrative needs of the prison system and the deterrent function of prison is highlighted. The potential to reduce the prison population substantially in the current political climate is also discussed.

Chapter

Cover Complete Criminal Law

12. Inchoate offences  

This chapter examines different types of inchoate offences in England and Wales, which include attempt, conspiracy, and encouraging or assisting. It explains the conditions of liability for these offences, discusses the relevant provisions of the Serious Crime Act 2007, clarifies the general principles of these offences, and identifies their actus reus and mens rea elements. It also explores and clarifies the difference between these offences. The chapter discusses the three offences that replace the common law offence of incitement which apply to one who ‘facilitates’ another’s offence. Examples of relevant cases and analyses of court decisions in each of them are also provided.

Chapter

Cover Commercial Law

Additional Chapter Principles of Insurance Law  

Put broadly, insurance is a contractual process whereby risk is transferred from a person who might incur a loss to an insurer. Whilst insurance law is at root merely an example of applied contract, in fact it has some unique characteristics and practices and a terminology all of its own. In this chapter we will consider the key characteristics of insurance law. After examining the meaning of insurance, including the concepts of indemnity and insurable interest in liability and property insurance, we move to the structure of insurance policies. The ways the courts have interpreted insurance wordings and insurance warranties, conditions precedent, and basis of the contract clauses are dealt with before the extensive reforms wrought by the Insurance Act 2015 are introduced. Insurance policies, even so-called all risks policies, do not cover all causes of loss which an insured might suffer, so the concept of causation in insurance is particularly important and this is dealt with next. The chapter closes by reviewing insurance claims, including the effect of fraudulent claims, how the level of disclosure expected of an insured is far higher than in a non-insurance context, and how these issues have been the subject of substantial reform under the newInsurance Act.

Chapter

Cover European Union Law

20. Labour and equality law  

Mia Rönnmar

Labour law regulates the individual employment relationship and employment rights, as well as the labour market more generally, and the relations between the State, employers and employees, and their representatives—the social partners. Equality law is a central part of labour law, but also extends its reach beyond working life. Both the development and content of EU labour and equality law throughout the years—and still today—reflect a tension between the EU and national sovereignty, economic and social rights, and market and human rights discourses. Labour and equality law is regulated by a complex mix of Treaty provisions, fundamental rights, and general principles of EU law, secondary law, collective agreements at EU level, case law from the Court of Justice, and soft law measures. This chapter discusses a selection of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; fundamental Treaty freedoms and national collective labour law; flexible work and working conditions; the EU and national labour law in times of crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.

Chapter

Cover European Union Law

19. Labour and equality law  

Mia Rönnmar

This chapter discusses a number of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; how national collective labour law is affected by the four freedoms; flexible work and working conditions; the EU and national labour law in times of economic crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.

Chapter

Cover Contract Law Directions

5. Positive terms  

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 to engage fully with each subject and check their understanding as they progress. The terms of the contract give substance to the contractual parties’ obligations. They lay down what each party is expected to do in performance of his obligations, and so it is crucial in any dispute to first establish the terms of the contract before looking to see whether one party has failed to perform his obligations. This chapter focuses on the positive terms of the contract. The discussions cover terms and representations; collateral warranties; implied terms; and conditions, warranties and innominate terms and the significance of the remedies, including termination, attached to each.

Chapter

Cover Essential Cases: Equity & Trusts

Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: EU Law

Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Brasserie du Pêcheur SA v Bundesrepublik Deutschland; The Queen v Secretary of State for Transport, ex parte Factortame Ltd and others (‘Factortame III’) (Joined cases C-46/93 and C-48/93), EU:C:1996:79, [1996] ECR I-1029, 5 March 1996  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Brasserie du Pêcheur SA v Bundesrepublik Deutschland; The Queen v Secretary of State for Transport, ex parte Factortame Ltd and others (‘Factortame III’) (Joined cases C-46/93 and C-48/93), EU:C:1996:79, [1996] ECR I-1029, 5 March 1996. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991. The document also includes supporting commentary from author Noreen O’Meara.