Key Ideas in Law – serie

This book introduces the reader to a number of ideas and issues that underlie the English law of contract—an area of law that is often regarded as forbiddingly dry and technical but which is here made easy to understand and full of interest.Taking as its starting point the role contract law plays in helping markets to operate, the book explains how contract law regulates the commercial risks people take, while at the same time placing limits on what may be bought and sold, and ensuring that contractual powers are not unacceptably abused. A final chapter discusses how contract law can be used to make gifts of binding promises to other people. The book provides a rigorous and stimulating journey through the ideas underpinning contract law and is essential reading for anyone with an interest in the subject.‘Clearly written and bursting with interesting and novel ideas, this lively book will be a great resource for anyone interested in Contract Law.’Paul S Davies, Professor of Commercial Law, University College London

This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people’s behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort ‘doctrine’—tort law’s rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject.‘In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.’Andrew Robertson, Professor of Law, Melbourne Law School

This book examines how constitutions, and the UK's in particular, emerge from disagreement and power tussles.Tensions arise over both distribution and use of powers. A constitution seeks a degree of stability, but also adjusts dynamically to social, economic, military and political events and changing expectations of the state and what makes it legitimate. To show how these processes work, the book illustrates how different kinds of power are allocated between state institutions at different levels of government, how they are distributed between institutions at the same level of government, and some of the values which animate the relationships between institutions. To understand the nature of constitutional practices and rules, the book compares the UK's constitution with aspects of other countries' constitutional accommodations.It is hoped that people embarking on the study or practice of law, politics or government will find this useful, and that more established practitioners, scholars and general readers will also find it interesting.

This book shows how the mainstream doctrines of substantive criminal law map onto certain key underlying (and overlapping) principles. These principles are: legitimate criminalisation, accountability, culpability, moral responsibility and wrongdoing.

This book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different types of trust (trusts for persons, charitable and non-charitable purpose trusts, express trusts, constructive trusts, and resulting trusts) are explored in detail over the following two chapters. The fourth chapter sets out the law on when someone will commit a breach of trust and what remedies will be available when such a breach is committed; the obscure and intimidating terminology that affects this area of law is explained and made easy to use. A concluding chapter explores the harms caused by trusts law, particularly through its use to store wealth in tax havens abroad, and considers possibilities for reforming the law to mitigate those harms. With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law.

Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy.Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.Set against this backdrop, the book answers the following questions:- How accessible is the law and how does it avoid arbitrariness?- How is access to justice protected?- How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?- How does our democracy enable majorities and protect minorities?

‘Students will find this work stimulating, engaging and enlightening. Practitioners in commercial law will find nuanced and insightful articulations of their stock-in-trade.’ Sir David Foxton, Judge in Charge of the Commercial CourtThis book unpacks the themes and controversies that pervade commercial law. Commercial parties trade in three things: property, services and credit. In all but the most basic of businesses, a commercial enterprise must have more than one individual empowered to transact on its behalf.The rules at the heart of commercial law are those that govern when and how a person can bargain for property, services and credit, and to acquire, dispose of, and create interests in assets. Many of these are default rules, which the parties can vary by agreement. Other rules – such as those concerning the priority of competing title claims to assets – are mandatory. Commercial law also involves the taking and allocation of two types of risk: the risk of inadequate or non-performance of agreed obligations, and the risk that counterparties will lack the means to pay what is owed.This book explores the key ideas in commercial law through these five topics: trade, transacting, title, performance risk, and credit risk.

This book provides a short and clear guide to key ideas which underpin the UK tax code and illustrates the wider political and economic issues students need to know about when studying tax law. Some of these key ideas are controversial and the subject of much discussion and debate.The book explains the key issues that are of fundamental juristic and philosophical importance and are common to tax codes throughout the world:What is a 'tax'? Is it different to a civil or criminal penalty?Why does this matter?Is 'taxation' necessarily a public law concept?Does the concept of ’taxation’ attract constitutional considerations? Why? How do the answers to these questions play out when courts have to interpret tax provisions? Readers will come away with a clear understanding of the architecture of the UK tax code, despite its (very real) complexity.

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. It explores the many complexities surrounding the historical origins, field of application, mode of operation, and subject matter of legality. Despite its long history, the term ‘principle of legality’ only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded.The principle of legality describes a phenomenon in statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it will be shown that it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics and established practitioners and scholars alike.

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. It explores the many complexities surrounding the historical origins, field of application, mode of operation, and subject matter of legality. Despite its long history, the term ‘principle of legality’ only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded.The principle of legality describes a phenomenon in statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it will be shown that it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics and established practitioners and scholars alike.

This book explores how the concept of fairness is used in different legal fields to ensure that the laws we live under are just and reasonable. It considers a wide range of topics, such as constitutional law, administrative law, criminal law, contract law, tort law, trusts law, family law, employment law, consumer law, immigration law and tax law. Each chapter looks at the part fairness plays in law making in these areas. This is achieved through careful analysis of relevant legislation and judicial decisions, especially those of the UK’s Supreme Court. Questions are addressed concerning the criteria law makers rely on – or should rely on – to determine what is fair in any given circumstances. The book explains that laws could be greatly improved if more attention were paid to making their application fairer. It argues that legislation should routinely provide judges with extensive guidance on how to go about deciding whether a position is fair. The book is of value to anyone thinking of undertaking a law degree or in the early stages of their legal studies. While it touches upon John Rawls’s theory of ‘justice as fairness’, the emphasis throughout remains on the workability of legal rules in practice. It equips readers with a greater understanding of how challenging it can be to implement rules appropriately unless a clear focus on fairness is resolutely maintained.

This book explores how the concept of fairness is used in different legal fields to ensure that the laws we live under are just and reasonable. It considers a wide range of topics, such as constitutional law, administrative law, criminal law, contract law, tort law, trusts law, family law, employment law, consumer law, immigration law and tax law. Each chapter looks at the part fairness plays in law making in these areas. This is achieved through careful analysis of relevant legislation and judicial decisions, especially those of the UK’s Supreme Court. Questions are addressed concerning the criteria law makers rely on – or should rely on – to determine what is fair in any given circumstances. The book explains that laws could be greatly improved if more attention were paid to making their application fairer. It argues that legislation should routinely provide judges with extensive guidance on how to go about deciding whether a position is fair. The book is of value to anyone thinking of undertaking a law degree or in the early stages of their legal studies. While it touches upon John Rawls’s theory of ‘justice as fairness’, the emphasis throughout remains on the workability of legal rules in practice. It equips readers with a greater understanding of how challenging it can be to implement rules appropriately unless a clear focus on fairness is resolutely maintained.