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Chapter

Cover Essential Cases: Public Law

Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Contract Law

Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896  

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

Cover Essential Cases: Contract Law

L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Public Law

Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Contract Law 5e

Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896  

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

Cover Essential Cases: Contract Law 5e

L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Public Law

Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

4. Interpreting the Convention  

This chapter analyses the interpretation of the European Convention on Human Rights (ECHR). It explains that there are two key themes which have dominated the interpretation of the Convention: the purposive and the evolutive interpretations. The chapter describes the approach of the Strasbourg Court to the interpretation of the ECHR and evaluates the influence of the Vienna Convention. It suggests that the interpretation of the Convention builds on the rules of public international law on the interpretation of treaties and has remained broadly consistent with those principles, and that the role of the Strasbourg Court is casuistic.

Chapter

Cover Contract Law

11. The Interpretation of Contracts  

This chapter focuses on the principles applied by the courts when interpreting contracts. It examines the development of the modern law and focuses on three re-statements of the principles applied by the courts. The first is to be found in the judgment of Lord Hoffmann in Investors Compensation Scheme Ltd v. West Bromwich Building Society, the second is set out in the judgment of Lord Neuberger in Arnold v. Britton, and the third in the judgment of Lord Hodge in Wood v. Capita Insurance Services Ltd. The chapter discusses the scope of these principles (in particular, the ‘factual matrix’, the exclusion of pre-contractual negotiations, the meaning of words, ‘corrective interpretation’, and the balance to be struck between the natural and ordinary meaning of the words and giving to the words a commercial sensible construction).

Book

Cover Learning Legal Rules
Learning Legal Rules brings together the theory, structure, and practice of legal reasoning in order to help the reader to develop both their knowledge and reasoning skills. It provides techniques of legal research, analysis, and argument, and explains the operation of precedent as well as effective statutory interpretation. When studying law, it is easy to become focused on the substantive aspects of the subject—the concepts, rules, and principles that go to make up contract, tort, crime, etc. In order to study and practise law effectively, it is essential not only to understand what the legal rules are, but also why they are as they are, and what consequences they might have. This requires that you develop the abilities that are the core focus of this book: to find and make sense of the primary and secondary sources of law; to interpret and apply authorities; to construct arguments both about the facts of a case, and as to how and why a particular authority should or should not be applied in a given situation, and to write clearly, and in an appropriate legal style, making reference to authority as necessary, in the proper academic form.

Chapter

Cover Learning Legal Rules

6. How Precedent Operates: Ratio Decidendi and Obiter Dictum  

The aim of this chapter is to emphasise that legal analysis is not just a question of comparing facts or using a set of balancing scales to see if the facts weigh about the same. The situation is often much more complicated than that. This chapter discusses the following: the development of case law and why cases may be distinguished as well as applied on the material facts; defining ratio decidendi; perception and ratio; ratio and interpretation; obiter dictum; how precedents develop; answering legal questions on precedent; material facts; what can happen to a case; the postal rule cases; and the ‘uncertainty principle’ of cases.

Chapter

Cover Learning Legal Rules

8. Interpreting Statutes  

This chapter discusses statutory interpretation: the language used in a statute, the application of the language to the facts, or both. It covers the so-called rules of interpretation: the literal rule, the golden rule, the purposive rule, and the mischief rule, and why we still refer to them; examples of the ‘rules’ in action and the reality of their application; secondary aids to construction; the use of Hansard; how judges choose to explain the construction they have placed on the statute; interpretation and the Human Rights Act 1998; interpreting secondary legislation; and an example of how to analyse a case on statutory interpretation.

Chapter

Cover Contemporary Intellectual Property

12. The power of a patent  

This chapter deals with who is entitled to be a patentee, the rights that a patentee enjoys (which are some of the strongest within intellectual property law), the circumstances in which infringement actions might be brought, the defences that are available, and some points on exploitation practices. A key thread is the construction and interpretation of the patent and the inextricable link between the power conferred by the patent and questions of novelty and obviousness. This chapter also looks at sufficiency, the circumstances in which a patent may be revoked, and the risk of a claim for revocation of the patent.

Book

Cover Contract Law

Mindy Chen-Wishart

Contract Law offers a new approach, utilising diagrams and commentary boxes to complement the text. The book explains the intricacies of contract law by reference to the questions that arise during the life of a contract. Part I of the book introduces contract law. Part II looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties who may benefit or be burdened by the contract. Part IV considers the reasons for allowing a party to escape the contract, namely the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V looks at how to determine the contents of contracts: express, implied, and collateral terms, and examines their interpretation and enforceability. Part VI considers the breach of a contract and the availability of the remedies of termination, damages, and specific and agreed remedies. Part VII examines whether obligations of good faith should be recognised in current contract law and how that might affect the way we understand contract law.

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 Constitutional and Administrative Law

11. Judge-made law  

This chapter considers a further source of the UK constitution: the law that is made by the judicial branch of government as a result of the cases heard by the courts. Today it is widely accepted that judge-made law is a reality. It takes two main forms: the development of the common law and the interpretation of statutes. The two main approaches of the courts to the interpretation of Acts of Parliament—the literal approach and the purposive approach—are discussed. In addition, the interpretative obligation imposed on the courts by s 3 of the Human Rights Act 1998 is also reviewed.

Chapter

Cover International Law Concentrate

3. The law of treaties  

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT), no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, ie the steps from the negotiation until the entry into force of the treaty; the ‘life’, ie the interpretation and application of the treaty; and its ‘demise’, ie its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.

Book

Cover Business Law

James Marson and Katy Ferris

Business Law provides an introduction to the subject. Packed with up-to-date and relevant examples, it demonstrates the real applicability of the law to the business world. The book is split into eight parts. After an introduction about studying the law, Part 2 covers the English legal system, the constitution, EU law, and human rights. This comprises important issues including statutory interpretation and the legislative process, and court structures. Part 3 considers contractual obligations. Here terms such as, contractual capacity, mistake, misrepresentation, duress, contractual terms, regulations, and remedies for breach are discussed. Part 4 discusses tortious liability and describes issues of negligence, nuisance, economic loss, psychiatric injury, and statutory duties. Part 5 examines company law, including trading structures, maintenance of finance and capital, and corporate administration and management. Part 6 explores the employment relationship, the nature of which will determine many important factors for both the individual and the employer. It includes discussions on the Contract of Employment, statutory regulation of dismissals, equality in employment relationships, and Statutory and Common Law Regulation of the Conditions of Employment. Part 6 then discusses agency law and the duties and responsibilities that exist for both principal and agent. Finally, intellectual property and data protection issues are considered in Part 8.

Chapter

Cover International Law

8. International Organizations  

Dapo Akande

This chapter examines the legal framework governing international organizations. It begins with an examination of the history, role, and nature of international organizations. It is argued that although the constituent instruments and practices of each organization differ, there are common legal principles which apply to international organizations. The chapter focuses on the identification and exploration of those common legal principles. There is an examination of the manner in which international organizations acquire legal personality in international and domestic law and the consequences of that legal personality. There is also discussion of the manner in which treaties establishing international organizations are interpreted and how this differs from ordinary treaty interpretation. The legal and decision-making competences of international organizations are considered as are the responsibility of international organizations and their privileges and immunities. Finally, the chapter examines the structure and powers of what is the leading international organization—the United Nations (UN).