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Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

16. The Voluntary Assignment of Contractual Rights and Liabilities  

M P Furmston

This chapter discusses the assignment of contractual rights and liabilities. It covers the assignability of contractual rights; rules that govern assignments, whether statutory or equitable; novation distinguished from assignment; and negotiability distinguished from assignability.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

17. The Involuntary Assignment of Contractual Rights and Liabilities  

M P Furmston

This chapter discusses the law on the automatic assignment of contractual rights and liabilities, which may occur upon the death or bankruptcy of one of the contracting parties.

Chapter

Cover Anson's Law of Contract

21. Third Parties  

Jack Beatson, Andrew Burrows, and John Cartwright

This Chapter deals with the scope of a valid contract when formed, and the question: to whom does the obligation extend? This question is considered under two separate headings: (1) the acquisition of rights by a third party, and (2) the imposition of liabilities upon a third party. At common law the general rule is that no one but the parties to a contract can be entitled under it, or bound by it. This principle is known as that of privity of contract.

Chapter

Cover Principles of Banking Law

16. Loan Sales and Securitization  

Ross Cranston, Emilios Avgouleas, Kristin van Zweiten, Theodor van Sante, and Christoper Hare

This chapter examines one context in which contracts and debts are transferred — as banks and bank subsidiaries ‘sell’ their own assets, i.e. their loans, mortgages, credit card receivables, and so on. Commercially speaking, this divides into loan sales and securitization. Among the various motivations for these transactions are to reduce risk, to meet capital requirements, to allow for new lending, and to take advantage of financial and commercial opportunities. Securitization was abused, with many risky loans repackaged and sold as highly rated securities. Its contribution to the global financial crisis in 2008 made it unpopular. However, it remains significant as a financing technique. Before examining loan sales and securitization, the chapter lays out the different legal techniques for transferring debts and contractual rights.

Chapter

Cover Land Law

3. Personal Rights and Property Rights  

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

Chapter

Cover Concentrate Questions and Answers Land Law

8. Proprietary Estoppel  

The Concentrate Questions and Answers series offers 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 examines how to decide whether the circumstances of the case give rise to a constructive or resulting trust, a contractual licence, or to the doctrine of proprietary estoppel, and the remedies satisfying a proprietary estoppel. The question of the role of unconscionability in the doctrine of proprietary estoppel remains topical, and the issue of proportionality between detriment and remedy, now a key concern of the courts, is examined.

Chapter

Cover Anson's Law of Contract

22. Assignment  

Jack Beatson, Andrew Burrows, and John Cartwright

This Chapter considers assignment, that is to say, the transfer of B’s contractual rights against A to C by means of an agreement between B (the assignor) and C (the assignee) irrespective of A’s (the debtor’s) consent. It examines the rules governing assignment and distinguishes it from several similar concepts: the negotiability of ‘negotiable instruments’, vicarious performance, novation, and the transfer of rights and liabilities by operation of law.

Chapter

Cover Poole's Textbook on Contract Law

1. Introduction to the law of contract  

Robert Merkin, Séverine Saintier, and Jill Poole

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. Contracts are legally enforceable agreements intended for planned exchanges that are regulated by the principles of contract law. This chapter looks at some of the main theories underpinning the development of English contract law and examines the nature of contractual liability. Contractual obligations arise largely from party agreement and this distinguishes contractual liability from liability in tort. Given the continued relevance of English law in a globalized world (in spite of the UK exiting the European Union), this chapter also briefly introduces the various attempts to produce a set of harmonized principles such as the Common European Sales Law, along with the impact of other international developments including the growth in e-commerce and electronic communications. Moreover, the chapter analyses the most significant European directives and their effect on the development of English contract law, especially in the context of consumer contracts. The implementation of these European directives has resulted in the introduction of the concept of ‘good faith’ into English contract law. Given the increasing importance of good faith as a concept, especially when in the context of ‘a relational contract’, the chapter gives detailed discussion on the scope of and application of good faith in performance of the contract. Finally, the chapter considers the implementation of the Consumer Rights Directive in a number of statutory instruments and the Consumer Rights Act 2015.

Chapter

Cover Poole's Textbook on Contract Law

1. Introduction to the law of contract  

Robert Merkin KC, Séverine Saintier, and Jill Poole

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas of the law curriculum. Contracts are legally enforceable agreements intended for planned exchanges that are regulated by the principles of contract law. This chapter looks at some of the main theories underpinning the development of English contract law and examines the nature of contractual liability. Contractual obligations arise largely from party agreement, and this distinguishes contractual liability from liability in tort. Given the continued relevance of English law in a globalized world (in spite of the UK exiting the European Union), this chapter also briefly introduces the various attempts to produce a set of harmonized principles such as the Common European Sales Law, along with the impact of other international developments including the growth in e-commerce and electronic communications. Moreover, the chapter analyses the most significant European directives and their effect on the development of English contract law, especially in the context of consumer contracts. The implementation of these European directives has resulted in the introduction of the concept of ‘good faith’ into English contract law. Given the increasing importance of good faith as a concept, especially in the context of ‘a relational contract’, the chapter gives detailed discussion on the scope of and application of good faith in performance of the contract. Finally, the chapter considers the implementation of the Consumer Rights Directive in a number of statutory instruments and the Consumer Rights Act 2015.

Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

6. Privity  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of privity in the law of contract. The doctrine of privity dictates that a person who is not a party to the contract cannot be granted contractual rights by the contract or be placed under contractual obligations by it. It explores the rationale of the principle, discusses the authorities that established it, and explores the various common law exceptions to the rule that a third party cannot acquire rights under a contract. This chapter also explores in detail the statutory exception to privity provided in the Contracts (Rights of Third Parties) Act 1999.

Chapter

Cover Administrative Law

4. The Scope of Public Law Principles  

Mark Elliott and Jason Varuhas

This chapter examines the scope of judicial review as it applies to the principles of public law. It first explains why discretionary powers conferred by legislation are not always subject to judicial review before discussing prerogative powers and their amenability to judicial review. It then considers justiciability as the limiting factor in the extent to which the in-principle reviewability of the prerogative is of any practical significance. It also examines issues regarding de facto powers, with particular emphasis on the scope of judicial review, the limits of review and its underlying rationale, and the extent to which contractual arrangements may displace the courts' willingness to review. Finally, it explores which public bodies must respect human rights under Section 6 of the Human Rights Act 1998. A number of relevant cases are cited throughout the chapter, including R v. Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815.

Chapter

Cover The Principles of Land Law

2. Personal and Property Rights in Land  

This chapter explains the nature of land as a legal concept, as well as the nature of rights in land. Land includes both corporeal things — such as land and buildings — and incorporeal things, such as rights over land. Property rights in relation to land come in two forms: estates and interests. Estates are rights which a person holds in their ‘own land’, while interests are rights which a person holds in relation to another's land. Both of these are proprietary; proprietary interests are those rights which are capable of having third party effects. Therefore, the crucial distinction between personal and property rights is about the effect that these rights can have on third parties. The chapter then looks at the numerus clausus (closed list) of property rights. If a right is not part of this list, then it is licence. Licences are the generic category of rights that relate to land but which are not property rights. The four categories of licence include estoppel licences, bare licences, contractual licences, and licences coupled with an interest. The chapter concludes by exploring the concept of relativity of title in English land law.

Chapter

Cover Land Law

7. Personal Rights: Licences  

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 presents a discussion of licences. Licences can be grouped into a number of categories, including bare licences, contractual licences, estoppel licences, statutory licences, and licences coupled with an interest. The key feature of a bare licence is that A is under no duty to B not to revoke the licence. The distinction between a bare licence and a contractual licence turns on the question of whether A is under a contractual duty to B. An estoppel licence, as well as a statutory licence, is similar to a contractual licence: the key difference is the source of A’s duty to B. A ‘licence coupled with an interest’ is a permission to make a particular use of A’s land, which arises as part of a distinct property right held by B in A’s land. The chapter considers the impact of all these forms of licences, looking at the positions of A, of X (a stranger who interferes with the land), and of C (a party who acquires a right in the land from A). It considers whether particular forms of licence ought to count as equitable interests in land. It also examines when a licensee may be protected by a new, direct right against a third party, even though the licence itself is only a personal right.

Chapter

Cover Introduction to Business Law

6. The Terms of a Contract  

This chapter discusses the terms of a contract. The terms are the contents of the contract. They also state what the parties’ legal duties and obligations are to each other. Terms may be written, oral, or even implied into a contract. This chapter discusses the difference between a term of a contract and a representation and the difference between express and implied terms. It considers the types of contractual terms, conditions, warranties, and innominate terms, and the distinction between them. The nature of exemption clauses and the methods used by the courts to restrict the use of such clauses and the effects on exemption clauses of the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 are examined. The chapter concludes with a discussion of restraint of trade clauses commonly found in contracts of employment, contracts for the sale of businesses, and solus agreements

Chapter

Cover Anson's Law of Contract

20. Limitation of Actions  

Jack Beatson, Andrew Burrows, and John Cartwright

At common law, lapse of time does not affect contractual rights. But it is the policy of the law to discourage stale claims because, after a long period, a defendant may not have the evidence to rebut such claims and should be in a position to know that after a given time an incident which might have led to a claim is finally closed. Accordingly, in the Limitation Act 1980, the Legislature has laid down certain periods of limitation after the expiry of which no action can be maintained. Equity has developed a doctrine of laches, under which a claimant who has not shown reasonable diligence in prosecuting the claim may be barred from equitable relief.

Book

Cover JC Smith's The Law of Contract
Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation of the contract, implication and rectification, and exclusion clauses and unfair terms. It goes on to look at issues such as duress, undue influence, good faith, capacity, illegality, contractual assumptions, breach of contract, remedies and damages, and remedies beyond compensatory damages.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

2. Some Factors Affecting Modern Contract Law  

M P Furmston

This chapter discusses factors affecting contract law which will be met in the rest of this book. It can usefully be read both at the beginning and the end of the book. These include continental influence in the nineteenth century; the influence of economic theory; inequality of bargaining power; the use of standard form contracts; consumer protection; the relationship between standard form contracts, inequality of bargaining power, and consumer protection; contractual behaviour; the interrelationship of contract and tort; good faith in contract law; the globalization of contract law; and the Human Rights Act 1998.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

23. The Fourth, Sixth, Seventh, and Thirteenth Protocols  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 provide for freedom from imprisonment for contractual debt; freedom of movement within a state and freedom to leave a state’s territory; the right of a national not to be expelled from and to enter their state’s territory; and the freedom of aliens from collective expulsion. Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war respectively.

Chapter

Cover Information Technology Law

24. The international trade in personal data  

This chapter examines how data flows are managed by GDPR and UK GDPR. Strict rules of adequacy manage transfers between EEA and non-EEA states (including the UK) and recent challenges to agreed data equivalency rulings, in particular in the case of Maximillian Schrems v Data Protection Commissioner decision have proven challenging for regulators. This chapter will examine these challenges and what GDPR and UK GDPR says is permissible and what is not in relation to transfers to third countries. In addition, to the Schrems I decision the chapter also examines the more recent Digital Rights Ireland Ltd v European Commission and Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (Schrems II) challenges to both adequacy rulings and standard contractual clauses. The chapter also examines the current state of UK adequacy and what challenges it might face.

Chapter

Cover Selwyn's Law of Employment

14. Normal Working Hours and a Week’s Pay  

In order to quantify the amount of money payable to an employee in respect of the violation of certain specific statutory rights, it is necessary to ascertain the employee’s weekly pay, which is done by reference to the employee’s ‘normal working hours’. This chapter considers provisions of the Employment Rights Act s 221–229 which set out what a week’s pay is, as well as the precise formulae for determining how a week’s pay is to be calculated and what to take into account, and, in certain specific cases lists the situations in which there is a statutory cap on that amount.