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Chapter

Cover Essential Cases: Criminal Law

R v Woollin [1999] 1 AC 82, House of Lords  

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 Woollin [1999] 1 AC 82, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Woollin [1999] 1 AC 82, House of Lords  

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 Woollin [1999] 1 AC 82, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Criminology

21. Surveillance and security in a risk society  

Richard Jones

This chapter considers the issues of security, risk, and surveillance. It discusses the meaning of these terms within criminology; introduces key relevant theories; summarizes criminological research in these areas; identifies some new security and surveillance technologies; and discusses their implications, concerns, and debates surrounding their use.

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 examines notions of risk and dangerousness, noting that these may be historically contingent, and discusses developments in relation to preventive detention. It also examines the utilitarian justifications for selective incapacitation of offenders, or groups of offenders, believed to be dangerous, noting problems caused by the IPP sentence. The chapter then examines the changes in sentencing law, focusing on particular types of penalty and order. Lastly, it discusses the provisions for control of dangerous prisoners through discretionary release procedures.

Chapter

Cover Commercial Law

11. The transfer of property and risk  

This chapter discusses the transfer of property between seller and buyer, and considers the passing of risk. The general rule about risk is that unless the parties have otherwise agreed, risk passes with property, although the position is different when the buyer deals as consumer. With regard to payment, unless otherwise agreed, the seller may only sue the buyer for the price once property in the goods has passed, and, if either the seller or the buyer becomes insolvent, then the rights of the other non-insolvent party may depend on whether or not property in the goods has passed to the buyer. Furthermore, although subject to a number of exceptions, unless the buyer has acquired ownership in the goods, he cannot transfer that ownership to another party.

Chapter

Cover Commercial Law

20. International trade terms  

This chapter begins with an introduction to trade terms, before discussing in detail Fob and Cif contracts at common law, with a specific focus on the passing of property and risk in the goods, It concludes with a look at the attempts by the International Chamber of Commerce to standardize and clarify the meaning of these terms. Trade terms provide a mechanism whereby buyers and sellers of goods can conveniently express their intentions. Typically, so far as the parties are concerned, the key issue is the allocation of the cost of transportation of the goods from the seller to the buyer, but to the lawyer, more important are the issues of when risk and property in the goods pass, and when delivery is made.

Chapter

Cover Essential Cases: Tort Law

Montgomery v Lanarkshire Health Board [2015] UKSC 11  

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

Cover Essential Cases: Tort Law

Montgomery v Lanarkshire Health Board [2015] UKSC 11  

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

Cover Anson's Law of Contract

14. Discharge by Frustration  

Jack Beatson, Andrew Burrows, and John Cartwright

This chapter traces the history of the doctrine of frustration and examines the scope of its present application. The discussion covers instances of frustration, the theoretical basis of frustration, incidence of risk, self-induced frustration, leases and contracts for the sale of land, and effects of frustration.

Chapter

Cover A Practical Approach to Effective Litigation

3. Dispute Management, Project Management, and Risk Management  

This chapter first considers the project management approach to resolving civil disputes. Such an approach involves following a single overall plan from the first consideration of the legal dispute up to trial. However, the fact that most cases will not in fact reach trial, and that reasonable use of alternative dispute resolution must now be made at all stages, means that any plan must be sufficiently flexible to include review, and that review needs to include options as to process. The chapter then turns to the process of case evaluation, where lawyers value what a case is worth, assess the chances of winning a case, and conduct a cost-benefit analysis. Also discussed are the importance of proportionality in the conduct of litigation and managing and reducing the risk of losing a case.

Chapter

Cover The Oxford Handbook of Criminology

9. Mental health, mental disabilities, and crime  

Ailbhe O’Loughlin and Jill Peay

What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation, and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.

Chapter

Cover Tort Law

16. Product Liability  

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 statutory strict liability for damage arising from defective products as set out in the Consumer Protection Act 1987 and the EEC Directive on Product Liability. It begins by considering the apportionment of risks associated with products and the development risks defence before turning to similarities between statutory liability and common law liabilities based on negligence and on strict liability. It then looks at the reasons why it is misleading to consider ‘product liability’ in isolation and the concept of defectiveness.

Chapter

Cover Street on Torts

21. Defences and remedies in defamation  

This chapter examines the defences that can be used in defamation cases and the remedies that are available to defendants. The defences are of particular importance in this area in terms of protecting the rights and interests of both the public and the defendant (essentially permitting freedom of expression). Principal defences include consent, the assumption of risk, offer of amends, truth, honest opinion, absolute privilege, and qualified privilege. The available remedies for defamation claims are mainly damages and injunctions. This chapter incorporates a discussion of both the Defamation Act 1996 and the Defamation Act 2013 and analyses relevant court cases.

Chapter

Cover Street on Torts

8. Defences to negligence  

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.

Chapter

Cover Complete Contract Law

10. Remedies Part II: Principles That Can Limit the Damages Awarded Following a Breach  

This chapter studies the principles that can limit the damages awarded following a breach of contract. It starts with the principle of causation. The idea here is that the breach must have caused the loss. A related issue is the limited application of contributory negligence. Where relevant, damages can be reduced to reflect any fault on the part of the innocent claimant. Both of these factors are of fairly minor importance. The main limiting factor is the principle of remoteness. It is a principle that limits liability to the risks the party in breach appeared to accept. Finally, the chapter looks at the duty to mitigate losses. This requires the innocent party to take reasonable steps to reduce (and not unreasonably increase) the loss suffered after a breach. Depending on the facts, disputes can involve any or all of these limitations.

Chapter

Cover Casebook on Tort Law

9. Defences to negligence  

This chapter considers three defences. It begins with a discussion of the principle of contributory negligence. It presents cases showing that the rules for establishing contributory negligence on the part of the claimant are not the same as the rules for establishing liability for negligence on the part of the defendant. It then turns to voluntary assumption of the risk or consent (sometimes referred to as volenti non fit injuria) which provides a complete defence to an action. The defence is based on the view that a person cannot sue if he consents to the risk of damage. Finally, the chapter considers the defence of illegality, which arises when the tortious action is in the context of the claimant’s and/or defendant’s participation in an unlawful act.

Chapter

Cover Commercial Law Concentrate

3. Passing of property and risk  

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 focuses on the transfer of property and risk from the seller to the buyer as agreed upon in a contract of sale of goods. It explains the difference between ownership and possession and discusses the rules on the passing of property, as well as which party bears the legal risk in cases where, for example, the goods are destroyed or in the event of insolvency. The rules relating to both consumer and non-consumer buyers are included. Finally, the chapter examines the unconditional appropriation of the goods to the contract, appropriation by delivery to a carrier, ascertainment and appropriation ‘by exhaustion’, and undivided shares in goods forming part of a bulk.

Chapter

Cover Tort Law

9. Causation and remoteness of damage  

This chapter discusses the final ‘hurdle’ for the claimant to overcome in the tort of negligence—causation. The claimant must prove that their injuries were caused by the defendant’s actions in both fact and law. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the negligence). It is the type of harm that must be foreseeable, not its extent. The last part of the test is to ask whether any intervening acts (acts that occurred after the defendant’s breach) broke the chain of causation. If so, the defendant will not be liable.

Chapter

Cover Sealy and Hooley's Commercial Law

9. Passing of the property in the goods as between seller and buyer  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

This chapter examines the concept of the passing of the property in goods as between seller and buyer which has significance for many purposes in law. It discusses why the matter is important, before going on to cover the rules for determining when the property passes as it is plainly a matter of the greatest importance to identify the point at which it occurs. The chapter goes on to discuss the statutory provisions relating to perishing of specific goods, how the passing of property is related to acceptance or rejection of goods, the risk involved in the passing of property, and the frustration of sale of goods contracts.

Chapter

Cover Banking Law and Regulation

10. Structural regulation  

Iris Chiu and Joanna Wilson

This chapter examines structural regulation and reform in the UK. Structural reforms refer to direct regulatory intervention into a bank’s business structure. This applies particularly to large banking groups in the UK. In brief, large banking groups in the UK may be compelled by regulation to restructure themselves for the purposes of preserving key economic functions that are socially important while maintaining their competitive edge. Although structural reforms are aimed first and foremost at containing systemic risk and improving the resolvability of banks, these reforms may also go some way towards changing the culture of banks, especially retail banks, so that the conduct of retail banks may be more aligned with the public interest in their social utility functions. The chapter then considers other options in structural reforms, which include the Volcker Rule implemented in the US as well as the superseded Glass–Steagall Act.