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Chapter

Cover Poole's Casebook on Contract Law

1. Guidance on reading cases  

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 offers tips for students on how to read cases relating to contract law. In reading a case, it is important to understand how it relates to the legal principles taught in lectures. The chapter also discusses the basics of reading a case and how to read a case in practice, using the case Carlill v Carbolic Smoke Ball Co. so that the student will learn to appreciate contract case law.

Chapter

Cover Learning Legal Rules

3. Reading the Law  

This chapter focuses on an important dimension of legal information literacy: the ability to read critically and with understanding. It provides a set of concepts and tools to help students better understand both primary and secondary legal sources and lays out the three questions that we may ask about a legal text: what kind of law is it; how does it affect existing law; and why was it made? It first explains two kinds of legislation: UK Acts of Parliament; and EU Regulations and Directives. The chapter then looks at the form of English reports and European Union cases. This is followed by a discussion of how to read legal books and articles.

Chapter

Cover Legal Skills

7. Using cases  

This chapter explains how to use cases. It first looks at the ‘anatomy’ of a law report, before considering how the key legal principles can be extracted from the case. Once the legal principles are known it considers the extent to which those principles are binding on other courts via the doctrine of judicial precedent. Finally, it examines the impact of both the Human Rights Act 1998 and EU law on the operation of precedent.

Chapter

Cover Legal Skills

7. Using cases  

This chapter explains how to use cases. It first looks at the ‘anatomy’ of a law report, before considering the means by which the key legal principles can be extracted from the case. Once the legal principles are known it considers the extent to which those principles are binding on other courts via the doctrine of judicial precedent. Finally, it examines the impact of both the Human Rights Act 1998 and EU law on the operation of precedent.

Chapter

Cover English Legal System

1. Studying the English legal system  

This chapter introduces you to the study of the English legal system in higher education. After explaining some of the different expectations of studying at this level, the chapter’s focus is on how you will learn and how to succeed on the module. There is considerable advice and tips on how to get the most out of lectures and seminars. The coverage introduces some key terminology and emphasises the importance of independent research and reading both primary (legislation and case law) and secondary sources (textbooks and journal articles). Finally, the chapter discusses and provides guidance on how to tackle commonly used assessments such as written essays, oral presentations, and examinations.

Chapter

Cover Poole's Casebook on Contract Law

1. Guidance on reading cases  

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 offers tips for students on how to read cases relating to contract law. In reading a case, it is important to understand how it relates to the legal principles taught in lectures. The chapter also discusses the basics of reading a case and how to read a case in practice, using the case Carlill v Carbolic Smoke Ball Co. so that the student will learn to appreciate contract case law.

Chapter

Cover Banking Law and Regulation

14. Combatting financial crime  

Iris Chiu and Joanna Wilson

This concluding chapter studies the regulation compelling banks and financial institutions to play an active part in combatting financial crime. Regulation takes two approaches: one is to enforce anti-money laundering law through banks and financial situations; and the other approach is to enforce anti-money laundering law against them if they should be found to be complicit in transferring proceeds of crime. Under the first approach, regulation imposes duties on banks and financial institutions to act as gatekeepers to prevent money laundering from taking place and to identify such incidents so as to help regulators carry out enforcement. Under the second approach, banks and financial institutions may be punished for sometimes inadvertently becoming complicit in money laundering, and this provides a strong incentive for them to treat their gatekeeper roles seriously. The chapter then considers the regulatory duty of due diligence, financial intelligence reporting, and internal control and governance.

Book

Cover Employment Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This seventh edition includes updates on employment law, including further coverage of the employment status, written particulars, restraint of trade, and equal pay. The book includes discussion of recent cases, including Supreme Court ones, and forthcoming amendments to the law are noted where appropriate. The volume also looks at implied terms, discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions. The chapter on trade unions has been transferred to online-only content, available in the online resources for this book.

Chapter

Cover Legal Systems & Skills

8. Research  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter explores legal research and research skills in practice. It explains the purpose of legal research. A practical legal research strategy is provided, and guidance is given on each stage of that strategy. Information is provided about how to analyse a research task. Different types of resources are considered, including primary and secondary sources. Consideration is given to electronic sources, and how to identify a decent electronic source from one which is not appropriate. Information is provided about the most popular online databases, including how to ensure your research is up to date. Finally, guidance is provided about how to record the research trail and how to report the results of the research.

Chapter

Cover Legal Systems & Skills

8. Research  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter first explains the purpose of legal research. It then discusses approaches and strategies for carrying out legal research in both academia and practice, which include planning, research techniques, updating, and recording and presenting research. It also considers primary and secondary sources of legal material.

Chapter

Cover Company Law

13. Corporate management  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with corporate management, focusing on those individuals who are responsible for making key strategic decisions within the company, namely the members of the board of directors. It begins by tracing the emergence of the professional managerial organ, with emphasis on the separation of ownership and control and the recognition of directorial autonomy. It then considers the relationship between directors and the general meeting, how directors are appointed, categories of directors, principle and policy governing directors’ remuneration, and the fiduciary nature of the office. The issues surrounding corporate governance are also examined, along with the approach of company law in the UK with regards to the structure and functions of the board of directors. Finally, the chapter discusses vacation, removal from office, and disqualification of directors as well as recent statutory reforms (the Small Business, Enterprise and Employment Act 2015 and the Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021) aimed at bolstering the disqualification regime.

Chapter

Cover Introduction to Company Law

8. Liability and Enforcement  

The effective enforcement of law requires that liability be appropriately allocated, that those with the appropriate incentives be in a position to enforce the liabilities thus created and that the sanctions available be effective. Otherwise, the substantive law may be ineffective in practice.This chapter examines these issues in relation to companies and individuals connected to companies in three contexts: civil law (mainly contract and tort), criminal law, and regulatory rules. Although much of the background law is of general application, it applies in a particular way to companies and individuals engaged in corporate activities.