Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.
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Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.
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This chapter first discusses the defence of contributory negligence, voluntary assumption of risk, and illegality. Contributory negligence occurs when the claimant has contributed to his own damage, and permits damages to be apportioned according to what is just and equitable. Voluntary assumption of risk is a complete defence, on the basis that the claimant freely agreed to run the risk of damage. Illegality is a complete defence, on the grounds that the law will not reward or appear to condone an illegal act. The chapter then turns to limitation periods, which restrict the amount of time within which legal actions must be commenced. The main statute is the Limitation Act 1980.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Traditionally the doctrine of privity of contract regards contract as based upon agreement and consequently only the parties to that agreement can enforce it. This chapter discusses common law limitations to the doctrine of privity; common law attempts to evade privity; and statutory developments.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the principles of contribution and their effect on the remedies that can be obtained by a successful claimant, as well as the statutory rules of ‘limitation’ that govern the time-barring of claims. The liability of more than one party for ‘the same damage’ is discussed, together with the apportionment of responsibility for the damage. Relevant provisions found in the Civil Liability (Contribution) Act 1978 and the Limitation Act 1980 are also considered.
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This chapter considers the defence of limitation in regard to an action for compensation for breach of trust, which are governed by the Limitation Act 1980. Actions normally have to be brought within a six-year limitation period, though there are exceptions such as fraud, where no limitation period is imposed. The related doctrine of laches (unreasonable delay) is also explored. It also considers those provisions as they apply to actions against fiduciaries who have received an unauthorized profit, which has proved more difficult because the legislation does not make any express provision for such claims. A failed attempt at legislative reform of the operation of limitation periods by the Law Commission is also explored.
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This chapter discusses trespass to land and defences. Trespass can be committed in various ways, provided that the interference is direct and immediate. The boundary between trespass and other torts, particularly nuisance, is sometimes difficult to draw. Entry on to land is simply the most obvious example of trespass, but other examples include: placing things on land or inducing animals to enter. The Limitation Act 1623, section 5 provides that if the defendant pleads disclaimer of title to the land and if ‘the trespass was by negligence or involuntary’ and he makes a tender of sufficient amends, action against him shall be barred. The claimant’s consent is always a defence to an action in trespass, in the sense that it constitutes ‘leave and licence’.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the principles of contribution and their effect on the remedies that can be obtained by a successful claimant, as well as the statutory rules of ‘limitation’ that govern the time-barring of claims. The liability of more than one party for ‘the same damage’ is discussed, together with the apportionment of responsibility for the damage. Relevant provisions found in the Civil Liability (Contribution) Act 1978 and the Limitation Act 1980 are also considered.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter explores the privity of contract. Traditionally the doctrine of privity of contract regards contract as based upon agreement and consequently only the parties to that agreement can enforce it. This chapter discusses common law limitations to the doctrine of privity; common law attempts to evade privity; and statutory developments. It covers the Contracts (Rights of Third Parties) Act 1999, including the freedom given to the contracting parties to exclude the provisions of the Act, or to set out procedures for post-contractual variation of arrangements that avoid the need to obtain the third party’s consent.
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This chapter examines various issues in relation to damages in tort, beginning by looking at the principles that lie behind damages awards. The primary object of the law is to compensate those who have been harmed by another’s wrongdoing by making an award that seeks to put the claimant into the position that they would have been in had the harm not occurred. The chapter discusses the calculation and forms of damage payments, and special and general damages; independent, joint and several concurrent liabilities; time limitations on claims; the problem with damages; and debunking the compensation culture myth.
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This chapter examines various issues in relation to damages in tort, beginning by looking at the principles that lie behind damages awards. The primary object of the law is to compensate those who have been harmed by another’s wrongdoing by making an award that seeks to put the claimant into the position that they would have been in had the harm not occurred. The chapter discusses the calculation and forms of damage payments, and special and general damages; independent, joint and several concurrent liabilities; time limitations on claims; the problem with damages; and debunking the compensation culture myth.
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According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.
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This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’, and there is a discretion to disapply limitation in personal injury claims.
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This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’, and there is a discretion to disapply limitation in personal injury claims.
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According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This is not true, however, under the Land Registration Act 2002, and so this chapter deals with 1) the question of how adverse possession is established in all cases, and 2) the question of the effect of an adverse possession claim in both the unregistered and registered systems.
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Carol Brennan and Vera Bermingham
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. This book covers all the core areas of tort law, combining an engaging approach with plenty of learning features. It provides a detailed introduction to the key principles of tort law, and illustrates the points of law through discussions of important court cases. Key cases are discussed to illustrate the main principles of tort law; they help to bring the subject to life, allowing students to see how the law operates in practice. This new edition of the text includes increased focus on the influence of human rights on tort law. It is fully updated with recent case law highlighting how quickly tort law is developing particularly.
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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 remedies for torts begin with financial compensation for both pecuniary and non-pecuniary losses, but also include injunctions. Compensation can be claimed by the injured party and also their survivors and dependants following death. Tort compensation is normally paid as a lump sum and will be liable to various deductions. This chapter also discusses how limitation of actions will be a factor which can influence the injured parties’ ability to bring an action in tort.
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This chapter examines several defences in negligence cases, including contributory negligence (failing to take care of your own interests), voluntary assumption of risk, express exclusion or limitation of liability, and illegality (a plea by the defendant that the claimant should not be able to make a claim because the claim requires reference to the claimant’s own illegal acts). It explains that the plea of voluntary assumption of risk and the defences of express exclusion of liability and illegality can help the defendant reduce liability or avoid liability altogether. The chapter notes that contributory negligence is by far the most important of these defences in practical terms.
