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: 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.
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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: 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: 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 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: 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: 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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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: 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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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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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.
Chapter
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
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
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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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 looks at the effect of duress or undue influence on the making of a contract. The difficulty is identified of distinguishing hard bargaining from economic duress, when the ‘threat’ is to the economic interest of the party ‘threatened’. This raises the question of what amounts to an illegitimate threat; whether a threat which is not otherwise legally labelled as wrongful will suffice (lawful act economic duress), and whether all threatened breaches of contract do so. The question also arises as to a test of a ‘reasonable’, or ‘practical’, alternative to agreeing. Undue influence is concerned with the surrender of decision making because of the relationship of the parties whether through domination or trust. The presumptions that arise in relation to undue influence, and when they arise, are examined. Consideration is given to the treatment of aggressive and misleading trade practices under the Consumer Protection from Unfair Trading Regulations (as amended by the Consumer Protection (Amendment) Regulations 2014).
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The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute, and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.
