Written by two of the country's leading specialists in mental health law, Mental Health Law: Policy and Practice, fourth edition, provides a detailed overview of the law and the socio-legal, historical, sociological, and cultural issues that surround it. Mental health law, at its heart, involves the forcible confinement and medication of some of society's most vulnerable people, and the authors look closely at the legal and social issues raised by this, and the human rights of those who suffer from mental illness. With reference to recent cases and new legislation, the authors analyse the legal structure and functions of the mental health system, and the problems of characterizing mental health law. The case law and statutes contain implied premises as to what it is to be a citizen, what the role of the state is for the vulnerable, and what the relative roles of law and medicine are in the regulation of control and deviance. Mental health law is an area of considerable legal and social complexity, and the authors challenge readers to question the system and the policies that have been developed. New to this edition are a significant restructuring of the text to take account of changes in law, policy, and practice; and new and expanded coverage of various topics including the 2007 reforms to the 1983 Mental Health Act, DOLS and the MHA/MCA interface, and the UN Convention on the Rights of Persons with Disabilities.
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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. This chapter explores how the terms of the parties’ agreement (that is, the contractual promise to be performed) are identified and how the courts interpret the meaning of those terms. It considers the status of statements made prior to the conclusion of the contract (as terms or representations) and why this matters. The parol evidence rule applies where the contract is written and provides that the writing represents the entire contract. This definition is flawed, however, because it allows the rule to be sidestepped by defining the contract as partly written and partly oral. Alternatively, an oral term can take effect as a collateral contract, which is separate to any written contract to which the parol evidence rule applies. The effect of the parol evidence rules can be achieved by incorporating an entire agreement clause. This chapter also considers the effect and impact of a no oral modification clause (or NOM). This chapter examines methods of achieving incorporation of terms such as signature, reasonable notice (or a higher standard of notice if the term is onerous or unusual), consistent course of dealing and common knowledge of the parties. In addition to the express terms, there may be terms implied by custom, by courts or by statute. Finally, the chapter considers the principles on which contracts are interpreted including the relevance, or otherwise, of pre-contractual negotiations.
Chapter
Robert Merkin and Séverine Saintier
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter explores how the terms of the parties’ agreement (that is, the contractual promise to be performed) are identified and how the courts interpret the meaning of those terms. It considers the status of statements made prior to the conclusion of the contract (as terms or representations) and why this matters. The parol evidence rule applies where the contract is written and provides that the writing represents the entire contract. This definition is flawed, however, because it allows the rule to be sidestepped by defining the contract as partly written and partly oral. Alternatively, an oral term can take effect as a collateral contract, which is separate to any written contract to which the parol evidence rule applies. The effect of the parol evidence rules can be achieved by incorporating an entire agreement clause. This chapter also considers the effect and impact of a no oral modification clause (or NOM). This chapter examines methods of achieving incorporation of terms such as signature, reasonable notice (or a higher standard of notice if the term is onerous or unusual), consistent course of dealing and common knowledge of the parties. In addition to the express terms, there may be terms implied by custom, by courts or by statute. Finally, the chapter considers the principles on which contracts are interpreted including the relevance, or otherwise, of pre-contractual negotiations.
