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Chapter

Cover Anson's Law of Contract

13. Discharge by Agreement  

Jack Beatson, Andrew Burrows, and John Cartwright

Contract rests on the agreement of the parties: as it is their agreement that binds them, so by their agreement they may be discharged. This chapter begins by identifying two sources of difficulty, which render the topic of discharge by agreement one of considerable artificiality and refinement, and then discusses the forms of discharge by agreement, covering release, accord and satisfaction, rescission, variation, waiver, and discharge provisions contained in the contract itself.

Chapter

Cover Land Law

25. Security Interests in Land  

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 reviews the use of land (or legal and equitable property rights relating to land) as security for the repayment of money by a borrower to a lender. It also describes charging orders, the use of which increases in the context of the recession. There are four types of security interest: the pledge; the lien; the mortgage; and the charge. The borrower holds the equity of redemption under a classic mortgage by conveyance or sub-demise, but its continued relevance under the predominant legal charge by way of mortgage is questionable. It is observed that the domestic lending market has seen the development of Islamic mortgages, the emergence of shared-ownership schemes, and equity release schemes.

Chapter

Cover Sentencing and Punishment

10. Punishment and rehabilitation in the community  

This chapter reviews the main options available to the sentencing court which do not entail immediate custody. It therefore deals with fines, reviewing the difficulties posed by differential ability to pay, and community orders as well as suspended prison sentences. It discusses the tensions between imposing proportionate punishment—a retributivist aim—and delivering rehabilitation programmes—a utilitarian approach. It therefore discusses the theory and practice of rehabilitation that underpins these initiatives. However, because punishment and rehabilitation also take place in the community for those released from prison, this chapter examines supervision and the new ‘beyond the gate’ programmes for prisoners released on licence. The chapter therefore, covers the policy trends in relation to fines, the ‘rehabilitation revolution’, the privatisation of the delivery of community penalties, and the new and old utilitarian theories relating to rehabilitation.

Chapter

Cover Sentencing and Punishment

5. Risk and danger  

This chapter reviews the current policy focus on the ‘dangerous’ offender and the aim of protecting the public from the risk posed by an offender’s reoffending. It discusses developments in relation to a ‘culture of control’ and examines the utilitarian justifications for the incapacitation of offenders, or groups of offenders, believed to be dangerous. The chapter focuses on incapacitation, which is another utilitarian tool, but one that uses the removal of an offender from public life. It also examines the changes in sentencing law, focusing on new indeterminate sentences and the extended sentence, as well as the provisions for control of dangerous prisoners through early release procedures and through preventive orders. It also considers the dangerous mentally disordered offender.