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Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Overseas Tankship (UK) Ltd v Morts Docks & Engineering Co Ltd (The Wagon Mound No 1) [1961] AC 388. The document also included supporting commentary from author Craig Purshouse.

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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 B (MA) [2008] EWCA Crim 3, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

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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 Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

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 B (MA) [2008] EWCA Crim 3, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Overseas Tankship (UK) Ltd v Morts Docks & Engineering Co. Ltd (The Wagon Mound No 1) [1961] AC 388. The document also included supporting commentary from author Craig Purshouse.

Chapter

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. The document also included supporting commentary from author Craig Purshouse.

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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. The document also includes supporting commentary from author Nicola Jackson.

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This chapter discusses ‘excusatory’ defences. These are defences that are concerned with absence of fault or culpability in a broader sense than is understood by a ‘fault element’ when such an element is included in the definition of an offence. Even when an accused person (say) intended to harm another person, and thus possessed the fault element in the definition of the crime, he or she may still be all but blameless if, for example, what was done was done only because he or she would be killed if the action was not undertaken. In that regard, the chapter covers duress and coercion, reasonable mistake, and ‘putative’ defences. The ‘defence’ of intoxication is also tackled here, even though it is not really an excuse in the sense just explained.

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Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. The document also included supporting commentary from author Craig Purshouse.

Chapter

Sir William Wade and Christopher Forsyth

This chapter examines the sovereign principle that powers must be exercised reasonably and in good faith and on proper grounds — in other words, that they must not be abused. This is one of the twin pillars that uphold the structure of administrative law. Topics discussed include the justification for review on substantive grounds; the rule of reason; the principle of proportionality; categories of unreasonableness; mixed motives and good faith; and statutory reasonableness.

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This chapter begins with a contextual and historical introduction to unfair dismissal law, which seeks to regulate arrangements pursued by employers that result in the dismissal of their employees. It covers the efficiency of unfair dismissal laws; the structure, nature, content, and shape of unfair dismissal laws; and the rationale for the introduction of the unfair dismissal laws in the UK. It then examines the statutory unfair dismissal regime contained in Part X of the Employment Rights Act 1996, and the meaning of the ‘substantive fairness’ of the dismissal. In the final section, the chapter considers the response of the courts and tribunals to the provisions on substantive fairness of dismissals.

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This chapter examines disability discrimination law under the Equality Act 2010. It focuses on disability discrimination, with disability being treated as a separate protected characteristic. The chapter first considers the historical context and the possible conceptual approaches to the protection of disabled workers. It then addresses the definition of ‘disability’ in section 6 of the Equality Act. This is followed by an analysis of the employer’s duty to make reasonable adjustments in the workplace to accommodate disabled workers. Next, the ‘discrimination arising from disability’ concept is discussed. Finally, the chapter presents some comments and observations on the current state of disability discrimination law in general, taking into account the terms of the Equality Act and European developments.

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Mark Elliott and Jason Varuhas

This chapter examines grounds of judicial review that are substantive in two senses: it reduces the range of substantive options open to a decision-maker, or it involves judicial examination of the quality of the reasons for the decision itself, rather than the quality of the process adopted by the decision-maker. The chapter first considers the doctrine of reasonableness or rationality in administrative law before discussing the doctrine of proportionality and the notion of judicial deference in relation to variable intensity review. It also explores the role of the proportionality test in English law and the question of whether English courts are heading towards jettisoning the reasonableness doctrine in favour of utilizing proportionality in all relevant cases.

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The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about unfair dismissal. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of unfair dismissal including who is eligible to bring a claim for unfair dismissal, the potentially fair reasons to dismiss, determining whether an employer has acted reasonably, procedural fairness, and remedies. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

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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. This chapter discusses negligence in terms of breach of duty. To answer questions on this topic, students need to understand the following: the concept of duty of care in negligence; the objective standard of care: the ‘reasonable person’ and factors relevant to the standard of care; variations of the objective standard: children, emergency situations, sporting events, and skilled persons ‘professing to have a special skill’; and res ipsa loquitur.

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This chapter discusses the process of deciding what the contract is. This includes express and implied terms; the relative importance of contractual terms, the process of deciding what the contract mean; excluding and limiting terms; the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.

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This chapter begins by looking at the key cases in which the idea of negligence as conduct falling below the standard of the reasonable person was judicially elaborated. It then discusses reasonable care; the utility of the defendant's conduct; the ‘objective’ nature of the standard of care; the relevance of ‘common practice’ in setting that standard; and the doctrine of res ipsa loquitur (‘the thing speaks for itself’).

Chapter

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Page v Smith [1996] 1 AC 155. The document also included supporting commentary from author Craig Purshouse.