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Chapter

Cover Tort Law

1. Introduction  

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

Chapter

Cover Tort Law

1. Introduction  

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

Chapter

Cover International Human Rights Law

19. Indigenous peoples’ and minority rights  

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

Chapter

Cover International Law

9. The Individual and the International Legal System  

Robert McCorquodale

This chapter examines the role of the individual in the international legal system. It considers the direct rights and responsibilities of individuals under the international legal system; their capacity to bring international claims; and their ability to participate in the creation, development, and enforcement of international law. Particular examples from a wide range of areas of international law, including international human rights law, international criminal law, and international economic law, are used to illustrate the conceptual and practical participation of individuals in the international legal system. It is argued that individuals are participants in that system, and are not solely objects that are subject to States’ consent, though their degree of participation varies depending on the changing nature of the international legal system.

Chapter

Cover The Principles of Land Law

1. Introduction—Principles and Themes of Land Law  

This introductory chapter provides an overview of the land law system. The operation of the land law rules can be split into three central questions: first, the content and nature of individual rights in land — both ownership-estates and interests in another's land; second, the method of creation and transfer of these individual rights; and third, the interaction between these rights and the rights of others. The law's answer to these questions is shaped by the social context within which the rules operate, and by the principles of land law. These principles are certainty; sensitivity to context; transactability; systemic and individual effects; and the importance of recognising social effects. The chapter then considers the logic of the land law system. Understanding this logic begins with understanding the terminology, and this terminology is nowhere more unhelpful but essential than in the distinction between legal and equitable rights, and in the concept of ownership.

Chapter

Cover Street on Torts

1. Overview of tort law  

This chapter provides an overview of tort law. It explains that tort law is a branch of the law of obligations which imposes liability for the breach of norms of conduct based on the type of interest at stake and/or the degree of fault present in the defendant. It provides a brief history of tort law. It then moves on to discuss the rights and interests protected by tort law. The chapter considers also theoretical perspectives on tort law. These concern such things as the bases of tortious liability and the issue of whether tort law should serve individual (eg, corrective justice) or social (eg, deterrence) goals.

Chapter

Cover Essential Cases: EU Law

NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1, [1963] ECR 1, 5 February 1963  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1 [1963] ECR 1, 5 February 1963. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1, [1963] ECR 1, 5 February 1963  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1 [1963] ECR 1, 5 February 1963. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover International Human Rights Law

14. The right to liberty of person  

This chapter examines international human rights laws on the right to liberty. It first considers slavery, the most serious threat to an individual’s right to liberty, and then discusses the application of the general rights of liberty and security of person, including the detention of individuals. For many people, liberty is regarded as one of the central tenets of personal freedom; hence slavery and practices analogous to slavery are viewed as morally repugnant and usually legally indefensible. Nevertheless, there are circumstances in which States can restrict liberty, for legitimate purposes, without infringing human rights. This has been demonstrated during the COVID-19 pandemic.

Book

Cover Employment Law in Context
Employment Law in Context combines extracts from leading cases, articles, and books with commentary to provide a full critical understanding of employment law. As well as providing a grounding in individual labour law, this title offers detailed analysis of the social, economic, political, and historical context in which employment law operates, drawing attention to key and current areas of debate. An innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. Reflection points and further reading suggestions are included. The volume is divided into eight main Parts. The first Part provides an introduction to employment law. The next Part looks at the constitution of employment and personal work contracts. This is followed by Part III, which examines the content of the personal employment contract and the obligations imposed by the common law on employers and employees. The fourth Part is about statutory employment rights. The fifth Part covers equality law. Part VI looks at the common law and statutory regulation of dismissals. The Part that follows considers business reorganizations, consultation, and insolvency. Finally, Part VIII describes collective labour law.

Chapter

Cover Introduction to Company Law

5. Majority and Minority Shareholders  

Where a company has a controlling or a small group of controlling shareholders, the non-controlling shareholders are at risk that the controllers will extract private benefits of control at the expense of the non-controllers. UK company law contains a wide range of techniques for addressing this issue, some more effective than others. This chapter begins by examining the various ways in which well-advised investors can contract for protection before they enter the company and how the law protects the agreements reached. The second part discusses rights to exit the company upon the occurrence of certain events. The third part discusses disclosure rights, designed to bring self-dealing transactions into the open. The fourth focuses on ways of structuring the board or shareholder body when the decision before it carries a high risk of self-dealing. The final part considers cases where the courts review the substantive fairness of the controllers’ conduct, notably, but not only, the provisions on ‘unfair prejudice.