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Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

4. Crimes of negligence  

David Ormerod and Karl Laird

Negligence refers to conduct that does not conform to what would be expected of a reasonable person. Along with intention and recklessness, negligence involves a failure to comply with an objective standard of conduct; that is, all of them are forms of fault. To prove negligence, the prosecution is not required to show that the accused failed to foresee a relevant risk; it only has to establish that his conduct failed to comply with a reasonable standard. A person is negligent if he is not able to comply with an objective standard of behaviour set by the law. This chapter deals with crimes of negligence and negligence as mens rea, negligence as the basis of liability, degrees of negligence, negligence as a form of culpable fault, and negligence and capacity.

Chapter

Cover Contract Law

1. Introduction  

This introductory chapter begins by setting out the book’s three principal aims: to provide an exposition of the rules that make up the law of contract, to explore the law of contract in its transactional context, and to explore English contract law from a transnational and comparative perspective. The discussions then turn to the scope of the law of contracts; the growth in the use of standard form contracts and the increasing complexity of the form and the content of modern contracts; transnational contract law; and conflicting policies that underpin the law of contract.

Chapter

Cover Tort Law

8. Breach of duty: the standard of care  

This chapter focuses on breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’. The questions to be answered are how the defendant ought to have behaved (what was the required standard of care) and how the defendant did behave (did they in fact fall below that standard).

Chapter

Cover Tort Law

3. The Standard of Care in Negligence  

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 introduces the reader to the fault principle or negligence standard, along with its positive and negative implications. This chapter first asks. ‘What is negligence?’. It covers the standard of care and, within this, it looks at the objective standard. The chapter goes on to explore the way in which professional skill and care are assessed in the medical context. It also considers reasonable risk-taking and the absence of evidence of fault.

Chapter

Cover Tort Law

8. Breach of duty: the standard of care  

This chapter focuses on the second of the requirements necessary to establish a claim in the tort of negligence—breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’. The questions to be answered are how the defendant ought to have behaved (what was the required standard of care) and how the defendant did behave (did they in fact fall below that standard).

Chapter

Cover Essential Cases: Tort Law

Dunnage v Randall [2016] QB 639  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dunnage v Randall [2016] QB 639. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Dunnage v Randall [2016] QB 639  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dunnage v Randall [2016] QB 639. The document also included supporting commentary from author Craig Purshouse.

Book

Cover Murphy on Evidence

Richard Glover

Murphy on Evidence is firmly established as a leading text for use on undergraduate law courses and in preparation for professional examinations. Frequently consulted by judges and practitioners, and regularly cited in judgments, it has come to be regarded as a work of authority throughout the common law world. The book’s unique approach effectively bridges the gap between academic study of the law of evidence and its application in practice, combining detailed analysis of the law with a wealth of practical information about how it is used in the courtroom. As in previous editions, the author’s teaching method is centred around two realistic case studies—one criminal and one civil—presenting challenging evidence issues and questions for discussion at the end of each chapter. The case study material for this new edition has been further developed with new videos on the Online Resource Centre. Fully up to date with the latest developments in this fast-moving subject, the fifteenth edition of Murphy on Evidence is as indispensable as its predecessors. Topics include: the language of the law of evidence; the judicial function in the law of evidence; the burden and standard of proof; character evidence; and the rule against hearsay.

Chapter

Cover Banking Law and Regulation

8. Micro-prudential regulation I  

Capital adequacy

Iris Chiu and Joanna Wilson

This chapter studies capital adequacy regulation, which prescribes that banks can only take certain levels of risk that are supported by adequate levels of capital. In this way, capital adequacy rules provide a form of assurance that banks with adequate levels of capital are likely able to withstand losses that may result from their risk-taking. The Basel Committee developed its first set of capital adequacy standards in the Basel I Capital Accord of 1988. It was subsequently overhauled into the Basel II Capital Accord in 2003. After the global financial crisis of 2007–9, the Basel II Accord’s shortcomings were extensively discussed and the Basel Committee introduced a package of reforms in order to plug the gaps in Basel II. The Basel III package is the most extensive suite of micro-prudential regulation reforms seen to date, as they deal with capital adequacy and a range of other micro-prudential standards.

Book

Cover Concentrate Questions and Answers Evidence
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. Concentrate Q&A Evidence offers expert advice on what to expect from your Evidence exam, how best to prepare and guidance on what examiners are really looking for. Written by experienced examiners, it provides clear commentary with each question and answer and bullet points and diagram answer plans plus tips to make your answer really stand out from the crowd and further reading suggestions at the end of every chapter. The book should help the reader identify typical law exam questions, structure a first-class answer, avoid common mistakes, show the examiner what the reader knows and find relevant further reading. After an introduction, the book covers burden and standard of proof, presumptions, competence and compellability, Special Measures Directions, character evidence, hearsay, confessions, the defendant’s silence, improperly obtained evidence, supporting evidence, identification expert opinion, issues in the course of trial, privilege, public policy and mixed questions. The final chapter gives guidance on assessed coursework. The book is suitable for undergraduate law students taking optional modules in Evidence.

Chapter

Cover Brownlie's Principles of Public International Law

28. The international minimum standard: Diplomatic protection and protection of investments  

This chapter considers two discrete streams of authority – one based on the practice and jurisprudence of diplomatic protection, the other based on the generic standards in over 2,500 bilateral and multilateral investment treaties, as applied in some hundreds of tribunal decisions. The discussions cover the admission, expulsion, and liabilities of aliens; requirements for and standards of diplomatic protection; and breach and annulment of state contracts.

Chapter

Cover The Modern Law of Evidence

3. The burden and standard of proof  

This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case. The chapter also considers the standard of proof in criminal proceedings where the burden is on the prosecution and on the accused. The standard of proof in civil proceedings is also considered.

Chapter

Cover Markesinis & Deakin's Tort Law

4. Liability for Fault: Breach  

This chapter examines the principal element of the cause of action in negligence, namely breach of duty. The issue of breach of duty is concerned with whether the defendant was careless, in the sense of failing to conform to the standard of care applicable to him. The discussions cover the concept of breach of duty; the objective standard; professional and regulatory standards; updating of standards in the light of new information; the role of cost-benefit analysis and the ‘Learned Hand’ test; weighing the risk and gravity of harm against the cost of prevention; and proof of carelessness, including discussion of the res ipsa loquitur principle.

Chapter

Cover Equity & Trusts

12. The Administration of Trusts  

Paul S Davies and Graham Virgo

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 elaborates on the issues regarding the administration of a trust and its relation to the trustees. Trustees are responsible for the administration of the trust and are subject to certain duties and have a number of powers relating to trust administration. To assist with the administration of the trust, trustees have the option, collectively and individually, to delegate certain functions to others. They are required to perform their administrative responsibilities diligently, and are subject to a duty to comply with the standard of skill and care expected of all trustees. Trustees have a duty to act in the interests of all the beneficiaries, maintaining a fair balance between them. They are also responsible for safeguarding the trust assets for the benefit of all beneficiaries, and, as such, have a duty to invest trust assets in the best interests of present and future beneficiaries.

Chapter

Cover The Oxford Handbook of Criminology

32. Youth justice in an age of uncertainty: principles, performance, and prospects  

Lesley McAra

This chapter explores the principles, operational functioning, and impacts of the institutions which have evolved across the four nations in the United Kingdom to deal with children and young people who come into conflict with the law. A key aim of the chapter is to assess the social, political, and cultural conditions necessary to sustain more progressive approaches to youth justice, predicated on the best interests of the child. The chapter begins with a critique of the evolving normative framings of youth justice, both in terms of the international standards to which UK systems avowedly adhere and the shifting conceptual underpinnings of research and policy debates on young people who come into conflict with the law. It then explores the recent history of policy transformation across the four UK nations, a story of both divergent and convergent dynamics. Following this, the chapter considers the disjuncture which research has found between the ambition osentencf policy and the cultural practices of institutions which make up the youth justice system, highlighting a persistent tendency to recycle a client group of young people who are mostly poor, known to systems from an early age and disproportionately from Black and Minoritized Ethnic groups. The final part of the chapter offers some reflections on the futures of youth justice in a time of multiple and intersecting crises, and what needs to be done now to nurture and support children and young people: a holistic and generative approach to justice.

Chapter

Cover Complete Contract Law

8. Breach and Termination of the Contract  

This chapter addresses the breach and termination of the contract. Since the terms represent obligations of the parties, where such an obligation is not followed, we say there has been a breach of the contract. The chapter examines the law relating to breach of contract and how breach can end a contract. When a term is breached, it does not end the contract automatically. Instead, the breach will entitle the innocent party to compensation for losses caused by the breach. In addition, the breach might allow the innocent party to choose to end the contract. Such an option is often determined by the type of term breached or the seriousness of the breach. This means that a typical dispute following an obvious breach will be about whether the innocent party can end the contract. Before one can explore when a breach can result in the contract ending, however, one needs to briefly look at how a party can breach an obligation. That is based on whether the obligation is due to be performed; the type of obligation; and the standard of performance that it requires.

Chapter

Cover Casebook on Tort Law

7. Breach of duty: the standard of care  

Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which involve the judgment of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect. The ‘reasonable man’ may give the impression of certainty where there is none, for whether it is reasonable to take a certain risk involves questions of economic and social policy which are rarely expressed in the law reports.

Chapter

Cover Ashworth's Principles of Criminal Law

4. Criminal Law Fabric  

This chapter analyses the fabric of criminal law—rules, standards, and principles—giving examples of how each of these are used to construct the criminal law. A particular highlight, in the discussion of rules, is the importance of secondary legislation in creating offences, especially offences regulating business activity. The chapter also considers the values that the criminal law should respect, such as human rights, moral autonomy, and lifestyle autonomy. To that end, the chapter explains the harm principle, and the arguments for and against punishing ‘immoral’ behaviour. There is also an analysis of important principles of criminal offence construction and interpretation, such as the principle of strict construction and the authoritarian principle.

Chapter

Cover Contract Law

10. Identifying and interpreting contractual terms  

This chapter examines how the contract terms that bind the parties are identified and interpreted. It also considers the special problems arising from standard form contracts. We will see how words or conduct that generate expectations are classified into terms within the contract or mere representations outside the contract, with very different remedial consequences; how express terms can be augmented by implied terms and collateral terms; how terms that are often unread (eg in standard form contracts) are made enforceable by signature, reasonable notice, previous dealing, or custom; how terms are interpreted; and, in particular, how troublesome clauses that exclude or limit liability are interpreted.

Chapter

Cover Legal Ethics

3. Gender, race, and diversity in the legal profession  

This chapter examines the issue of diversity in the legal profession. It first explains the meaning of diversity and the reasons why it should be promoted. Debates around diversity have focused particularly on gender and race, although increasingly there is emphasis on achieving diversity in relation to socio-economic background, disability, and sexuality too. It reviews the current status of the profession in terms of diversity. It considers diversity rules as set out in in the Equality Act 2010, the Solicitors Regulation Authority (SRA) Handbook, and the Bar Standards Board (BSB) Handbook. Barriers to diversity and steps to promote diversity are also discussed.