Law

Preface to the First EditionPreface to the Eighth Edition1 Introduction 1. The Nature of Law 2. Custom, Morality and Law 3. Classification of Law 4. Characteristics of English Law 5. Exercises2 Historical Sources of English Law 1. The Common Law The Norman Conquest The Common Law Courts 2. Equity Later History 3. Legislation European Economic Community Law 4. Canon Law 5. The Law Merchant 6. Local Custom 7. The Nineteenth Century Reorganization of the Courts The House of Lords Reforming the Rules 8. Exercises3 Legal Sources 1. Judicial Precedent The House of Lords and Precedent Case Law: Advantages and Disadvantages Law Reports Citation of Cases Declaratory Theory of the Common Law 2. Legislation Statutes Stages in Legislation Obsolescence Consolidation and Codification Delegated Legislation Forms of Delegated Legislation Growth of Delegated Legislation Criticism of Delegated Legislation Control of Delegated Legislation Publication Interpretation of Statutes Presumptions Reference to Statutes Reference to Statutory Instruments European Economic Community Law Law Revision and Reform 3. Textbooks 4. Local Custom 5. Exercises4 The Courts Today 1. The Civil Courts The House of Lords Judicial Committee of the Privy Council Court of Appeal (Civil Division) The High Court of Justice County Courts 2. Criminal Courts The House of Lords Court of Appeal (Criminal Division) The Crown Court Magistrates' Courts 3. Other Courts Courts-Martial Appeal Court Restrictive Practices Court Employment Appeal Tribunal Coroners' Courts 4. Court of Justice of the European Communities 5. Administrative Tribunals Examples of Tribunals 6. Judicial Control of Administrative Tribunals Supervision by the Queen's Bench Division Tribunals and Inquiries Act, 1971 7. Arbitration 8. Juries 9. Legal Aid and Advice Legal Advice and Assistance Legal Aid for Representation in Civil Proceedings Legal Aid for Representation in Criminal Proceedings 10. Laymen in the Courts 11. Exercises5 The Judiciary, Law Officers and the Legal Profession 1. The Lord Chancellor 2. Judges 3. Attorney-General and Solicitor-General 4. Masters 5. Director of Public Prosecutions 6. Solicitors 7. Barristers 8. Queen's Counsel 9. Licensed Conveyancers 10. De-Regulation of Legal Services 11. Legal Services Ombudsman 12. Exercises6 Outline of the Law of Persons 1. Legal Persons 2. Nationality and Domicile British Nationality Loss of Nationality British Protected Persons Aliens Domicile 3. Marriage 4. Divorce 5. Domestic Proceedings in Magistrates' Courts 6. Legitimation 7. Adoption 8. Guardianship 9. Illegitimacy 10. Infants or Minors 11. Corporations Classes of Corporations Share Structure of a Company The 'Ultra Vires' Rule Termination of a Company 12. Unincorporated Associations Legal Liability of Unincorporated Associations 13. Partnerships 14. Trade Unions and Employers' Associations 15. Crown Proceedings The Crown as Employer The Crown Proceedings Act, 1947 16. Exercises7 The Law of Contract 1. Essentials of a Valid Contract 2. Classification of Contracts 3. Offer and Acceptance Rules Regarding Acceptance 4. Intention to Create Legal Relations 5. Consideration Rules of Consideration 6. Form 7. The Doctrine of Part Performance 8. Contractual Capacity Infants or Minors Corporations Insane and Drunken Persons Married Women Aliens 9. Terms of a Contract Exemption Clauses The Unfair Contract Terms Act, 1977 Conditions and Warranties 10. Void, Voidable, and Illegal Contracts Mistake Misrepresentation Contracts 'uberrimae fidei' Duress and Undue Influence 11. Illegality Contracts Declared Illegal by Statute Contracts Illegal at Common Law Effects of Illegality 12. Discharge of Contract 13. Remedies for Breach of Contract 14. Privity of Contract 15. Assignment 16. Interpretation of a Contract 17. Quasi-Contract 18. Exercises8 The Law of Torts 1. The Nature of a Tort Definition of a Tort Damage and Liability Malice 2. General Defences in Tort 3. Capacity of Parties 4. Remoteness of Damage 5. Vicarious Liability in Tort Joint Tortfeasors 6. Trespass 7. Interference with Goods 8. Nuisance 9. Negligence Contributory Negligence 10. Breach of Statutory Duty 11. Death: Survival of Actions 12. Occupiers' Liability Dangerous Premises Trespassers Children 13. The Rule in 'Rylands v. Fletcher' 14. Defamation 15. Deceit 16. Malicious Falsehood 17. Limitation of Actions 18. Exercises9 Trusts 1. Definition of a Trust 2. Private Trusts 3. Public (or Charitable) Trusts 4. Differences Between Private and Charitable Trusts 5. The Rules Against Perpetuities 6. Trustees 7. Trust Corporations 8. Appointment of Trustees 9. Termination of Trusteeship 10. Duties and Powers of Trustees 11. Liability for Breaches of Trust 12. Following the Trust Property (Tracing) 13. Relief from Liability for Breach 14. Exercises10 The Law of Property 1. Ownership 2. Possession 3. Property 4. Freehold and Leasehold Land 5. Reform of the Land Law 6. An Estate in Fee Simple Absolute in Possession 7. Future Estates 8. Settlements and Trusts for Sale The Settled Land Act, 1925 9. Co-Ownership 10. Leaseholds Tenancies Creation of Leases Duties of Landlord and Tenant Express Covenants 11. Servitudes 12. Restrictive Covenants 13. Mortgages 14. The Sale of Land 15. Registered Land 16. Exercises11 The Law of Succession 1. Wills 2. Legacies and Devises 3. Specimen Will 4. Family Provision 5. Personal Representatives Probate and Letters of Administration 6. Intestacy 7. Gifts'Inter Vivos' 8. 'Donatio Mortis Causa' 9. Exercises12 Criminal Law 1. Definition of a Crime 2. Sources 3. Classifications 4. Criminal Liability Actus reus Mens rea Negligence Strict Liability Vicarious Liability Corporate Liability 5. Exemptions from Liability 6. Parties to a Crime 7. General Defences Automatism Mistake insanity Intoxication by Drink or Drugs Prevention of Crime: Arrest Private Defence Necessity Duress Coercion Superior Orders 8. Inchoate Offences 9. Burden of Proof 10. Offences Against the Person Murder Manslaughter Involuntary Manslaughter Infanticide Causing Death by Reckless Driving Child Destruction and Abortion Assault and Battery Assault Occasioning Actual Bodily Harm Malicious Wounding Wounding with Intent Administering Poison Assault on, Resistance to, or Obstruction of a Police Constable in the Execution of his Duty Firearms and Offensive Weapons Sexual Offences 11. Offences Against Property Offences under Theft Act, 1968 Theft Robbery Burglary Removal of Articles from Places Open to the Public Taking a Motor Vehicle or Other Conveyance without Authority Abstracting of Electricity Obtaining Property by Deception Obtaining a Pecuniary Advantage by Deception False Accounting Liability of Company Officers for Offences by the Company False Statements by Company Directors, etc. Suppression of Documents Blackmail Handling Stolen Goods Offences under the Theft Act, 1978 Obtaining Services by Deception Evasion of Liability by Deception Making Off Without Payment Criminal Damage Forgery Trespass Unlawful Eviction and Harassment of a Residential Occupier 12. Other Offences Bigamy Road Traffic Offences Assisting Arrestable Offenders Concealing an Arrestable Offence Causing Wasteful Employment of the Police 13. Criminal Injuries Compensation Board 14. Exercises13 Procedure 1. Civil Procedure 2. County Court Procedure Steps in an Ordinary Action Steps in a Default Action The Enforcement of County Court Judgments Costs 3. Civil Proceedings in the Queen's Bench Division Enforcement of Judgments in the High Court 4. Criminal Procedure 5. Proceedings in Magistrates' Courts Process by Summons Process by Warrant 6. Proceedings in the Crown Court Indictment Arraignment Proceedings Against Children and Young Persons Arrest and Habeas Corpus 7. Standard Works 8. ExercisesAppendix 1—Glossary of TermsAppendix 2—Examination TechniqueAppendix 3—Test PapersAppendix 4—List of Abbreviations: Law ReportsAppendix 5—Specimen Legislative Documents Parliamentary Bill Parliamentary Bill Act of Parliament Statutory InstrumentAppendix 6—Specimen Forms Information Summons Recognizance Warrant of Arrest IndictmentAppendix 7—Financial Provision on Divorce, etc.Table of CasesTable of StatutesIndex