This fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level.

Risk and Negligence in Wills, Estates, and Trusts provides essential guidance for all will draftsmen. It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk. Together the areas covered provide a framework for the safe practice that is now essential in this much disputed area of work. This updated edition examines the new developments in will preparation and what is needed for safe practice as well as the important cases since the last edition. This work contains indispensable practical guidance, tailored to meet the demands of all those involved in wills, trusts, and estates and disputes relating to them. Practical advice in establishing best practice to avoid disputes is given and the appendices include practical forms and checklists to assist this. In addition there is analysis of the allied subjects of estate and trust administration and commonly encountered problem areas. A section also concentrates on duties in relation to taxation aspects of this work. Negligence and private client work is a fast developing area of modern law. The recent financial crisis has helped to focus attention closely on what risk is and how it should be managed. This has not merely been in the financial sector but in all areas of business. The legal profession has seen some major financial failures and an operating climate that is increasingly difficult. The rise in PI claims, the insurers' restrictions on cover, and the increased cost of cover have led to an increased focus on professional ability and risk management. Therefore, knowledge of the risks, what constitutes safe practice, and how to manage risk, are essential for anyone practising in this area.

Concentrate Q&A Tort Law guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learning further, and score extra marks. The Concentrate Q&A series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other Q&A guide. 'A sure-fire way to get a 1st class result' - Naomi M, Coventry University 'I can't think of better revision support for my study' - Quynh Anh Thi Le, University of Warwick 'My grades have dramatically improved since I started using the OUP Q&A guides' - Glen Sylvester, Bournemouth University 'My fellow students rave about this book' - Octavia Knapper, Lancaster University 'These first class answers will transform you into a first class student' - Ali Mohamed, University of Hertfordshire 'The best Q&A books that I've read; the content is exceptional' - Wendy Chinenye Akaigwe, London Metropolitan University Take it online: The 2nd edition is available in paperback, or e-book. Visit www.oup.com/lawrevision/ for multimedia resources to help you with revision and assessment.

This book is a second edition of Interpretation of Contracts (2007). The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann's exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance. The overall aim of the second edition remains the same as the first - to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.

Principles and Practices of Aquatic Law presents the best practices and principles related to aquatic law and risk management. Its focus is injury and death occurring in aquatic environments including the ocean, pools, water parks, canals, rivers, lakes, dams, etc. It discusses the importance of aquatic risk management as it relates to aquatic accident prevention and the concept of duty and liability for a facility's management and staff. It also presents updated and relevant information about beach safety and the importance of hazard identification, warning, and elimination, and provides information for attorneys relating to the process of developing liability theories involving serious aquatic accidents and death. Features Presents a comprehensive resource on the applied practices and principles of aquatic law. Provides information for attorneys for the process of developing liability theories involving serious aquatic accidents and death. Presents updated and relevant information about beach safety and the importance of hazard identification, warning, and elimination. Discusses water-borne contaminants such as cryptosporidium and flesh-eating bacteria. Presents comprehensive public safety and beach management strategies: rip current prediction and monitoring, coastal engineering, drowning and rescue statistics, etc.

In this important book, Elspeth Reid presents an exhaustive, integrated treatment of the law of Delict in Scotland.The volume covers negligence, injuries to specific interests (such as defamation and assault), statutory liability, and defences and remedies. Alongside its focus upon the Scots sources, where appropriate it also gives full consideration to case law and commentary from other jurisdictions, especially England and Wales.

This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new 'remedy' under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards. The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of horizontal effect of the Act between non-state actors. New chapters include: 'A Human Rights Based Approach to Tort Law' and 'Public Authority Liability and Privacy - From Misuse of Private Information to Autonomy.'

Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.

Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against the cigarette manufacturers. More puzzling were two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights and the environment, multimillion dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors - specialists in psychology, economics and the law - present the results of controlled experiments with over 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. They find that although juries tended to agree in their moral judgements about the defendant's conduct, they rendered erratic and unpredictable dollar awards. Jurors also tended to ignore instructions from the judges; showed "hindsight bias", believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. With a wealth of new data and a host of provocative findings, this book documents a wide range of systematic bias in jury behaviour and should be valuable for anyone interested in punitive damages, jury behaviour, human psychology and the theory of punishment.

'Because the law of defamation is about reputation and thus necessarily about community and social attitudes, Baker's serious empirical analysis of just those community and social attitudes about defamation and about reputation is a novel and important contribution to the literature on libel and slander. It will be a useful corrective to the various empirically unsupported assertions that dominate the court cases and the academic literature on the topic.' - Frederick Schauer, University of Virginia, US 'This book shines a welcome light on a neglected area of defamation law: how juries and judges determine what it means to say a statement is defamatory. The author employs well-designed empirical research to provide concrete answers, and the reform he proposes is sensible and workable. The book should be must-reading for anyone who seeks to understand how the law does or does not protect reputation - especially lawyers and judges who try libel cases.' - David A. Anderson, University of Texas Law School, US 'When defamation jurors decide whether a statement about someone is ''defamatory'', the question for them to answer is whether it would generate disapproval among ''ordinary reasonable people''. It has generally been assumed that they answer this question correctly. What Roy Baker discovered through empirical research is that this assumption may often be wrong. This fascinating and important book sets out his findings, alongside a broad-ranging and perceptive analysis of the law's approach to defining ''defamatory''.' - Michael Chesterman, The University of New South Wales, Australia The common law determines whether a publication is defamatory by considering how 'ordinary reasonable people' would respond to it. But how does the law work in practice? Who are these 'ordinary reasonable people' and what do they think? This book examines the psychology behind how judges, juries and lawyers decide what is defamatory. Drawing on a thorough examination of case law, as well as extensive empirical research, including surveys involving over 4,000 members of the general public, interviews with judges and legal practitioners and focus groups representing various sections of the community, this book concludes that the law reflects fundamental misperceptions about what people think and how they are influenced by the media. The result is that the law tends to operate so as to unfairly disadvantage publishers, thus contributing to defamation law's infamous 'chilling effect' on free speech. This unique and controversial book will appeal to judges, defamation law practitioners and scholars in various common law jurisdictions, media outlets, academics engaged in researching and teaching torts and media law, as well as those working within the disciplines of media or communications studies and psychology. Anyone concerned with the law's interaction with public opinion, as well as how people interpret the media will find much to interest them in this fascinating study. Contents: 1. Introduction Part I: Asking the Defamation Question 2. Formulating the Test for Defamation 3. Refining the Test 4. Applying the Test Part II: Answering the Defamation Question 5. The Lawyers Answers 6. The Public's Answers 7. The Third-Person Effect 8. Accommodating the Third-Person Effect 9. Conclusion Bibliography Index

Providing a detailed overview of the law of nuisance this book addresses contentious issues such as the distinction between the rule in Rylands v Fletcher and the law of private nuisance; the law that excludes personal injuries from the remit of nuisance, and the relationship between public and private nuisance. The Law of Nuisance also considers statutory nuisance and the extent to which it can be seen to exceed private and public nuisances as well as utility of nuisance as an environmental tort. This book provides the most up-to-date and comprehensive treatment of the law of nuisance, drilling down to distinctions between these different types of nuisance as well as examining in detail the overlaps between them.

This pack includesThe Rome II Regulation and a brand new updating supplement which brings the main work up to date and incorporates substantive developments since publication of the book in December 2008.
The main work, The Rome II Regulation: The Law Applicable to Non-Contractual Obligations has become a major reference work to practitioners as it provides the first user-friendly article-by-article commentary to the Regulation. It considers related issues, such as the vires of the "Rome II Regulation" and its relationship to other EC instruments creating or affecting rules of private international law.
The brand new updating supplement updates the main work and draws attention to legislation implementing the Regulation in the United Kingdom, incorporates recent ECJ cases concerning other EC private international law instruments and new decisions of the English courts concerning the pre-Regulation rules of applicable law, and to recent books and journal articles providing further colour to the picture surrounding the Regulation since its adoption in January 2009. It maintains the currency of the main work and is an essential purchase for commercial law practitioners, academics and students with a special interest in cross-border issues.

The fourth edition of Andrew Burrows' seminal work Remedies for Torts, Breach of Contract, and Equitable Wrongs (previously Remedies for Torts and Breach of Contract), updates and extends coverage of judicial remedies for civil wrongs in English law. Since the release of the previous edition in 2004, the scope of discussion in the book has developed to include many contemporary case studies. Examples of these include Morris-Garner v One Step Ltd on negotiating damages, Milner v Carnival on quantum of mental distress damages, Forsyth Grant v Allen on restitution for torts, to name but a few, as well as crucial Supreme Court decisions on penalty clauses (Cavendish v Makdessi) and injunctions (LauritzenCool, Araci v Fallon and Coventry v Lawrence). In addition to comprehensive updating to take account of new developments in the law, this book includes two new chapters. Unique to the fourth edition, the first explores damages under the Human Rights Act of 1998; the second examines negotiating damages. Remedies for Torts, Breach of Contract, and Equitable Wrongs by leading scholar Andrew Burrows is a popular work amongst students and practitioners due to its broad coverage, factual detail, insightful application of academic context and enduring subject matter.

Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation.
Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.

Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA's and PRA's requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, 'Form C', and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual's employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.

The proposition that the tort of defamation protects reputation has long been axiomatic in the law. The axiom's endurance is surprising: it has long been observed that the law is riddled with inconsistencies and, moreover, the courts and the scholarly literature have rarely discussed exactly what reputation is and how judgments about reputation are made. Reputation and Defamation develops a theory of reputation and uses it to analyse, evaluate and propose a revision of the law. It is the first book to present a comprehensive study of what reputation is, how it functions, and how it is and should be protected under the law. Reputation, it argues, is best understood in terms of the moral judgments a community makes about its members. Viewed in this way it becomes apparent, contrary to the legal orthodoxy, that defamation law did not really aim and function to protect reputation until the early nineteenth century. Unfortunately, the modern common law has not paid sufficient attention to either the nature of reputation or the historical relationship between reputation and defamation. Consequently, the tests for what is defamatory do not always protect reputation adequately or appropriately. The 'shun and avoid' and 'ridicule' tests have developed so that a publication may be actionable even where it does not tend to prompt a negative moral judgment of the plaintiff. These tests should be discarded. The principal 'lowering the estimation' test, however, is for the most part appropriately geared to the protection of reputation. Importantly, the scope of legal protection has been limited. Words will only be actionable if they tend to make 'right-thinking' people think the less of the plaintiff. The values of Christian tradition and Victorian moralism which became embedded in the concept of 'the right-thinking person' are problematic in the current era of moral diversity. A revised legal framework is proposed. It retains the principal test but re-thinks how and why different criteria for moral judgment should - or should not - be recognised when courts determine whether an attack on reputation will be actionable as defamation. It is argued that 'the right-thinking person' should be associated with an inclusive liberal premise of equal moral worth and a shared commitment to moral diversity. The proposed framework demands that when courts recognise values at odds with that premise then such recognition must be justified on sound and expressly stated ethical grounds. That demand serves to protect reputation appropriately and effectively in an age of moral diversity.

This fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference. This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.

Compiled in honour of Bernard Rudden, this is a book of essays in comparative law centering on the contribution which comparative analysis can make to the core subjects of private law, namely property and obligations. The essays are contributed by leading academics from all over the world, all of whom owe an intellectual debt to the honorand.

This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.

The past decade has seen major developments in the law regarding personal injury claims which relate to psychiatric injury. The law is complex and in many respects illogical, and claims for damages for psychiatric conditions can be difficult to pursue. Now in its second edition, and substantially rewritten, Napier and Wheat's Recovering Damages for Psychiatric Injury reviews the legal context in which such claims must be framed.
The book concentrates on claims made in negligence and employers' liability, but also examines claims made in contract and in intentional torts. Claims are divided up into the so-called 'shock' cases and non-shock cases, and the author has also included a new chapter on employers' liability with particular focus on 'stress' claims. Two chapters are devoted to the medical aspects of psychiatric injury claims, including Post-Traumatic Stress Disorder. The book contains analyses of the main cases which have shaped the present state of the law and examines some options for reform.
The author gives practical advice on how to identify a potential psychiatric injury case, quantum of damages, and procedural steps. This second edition also includes an outline of the Criminal Injuries Compensation Scheme. Aimed primarily at legal practitioners, the book will also be of interest to students and members of the medical profession.

The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. The most influential contemporary account of tort law treats tort liability rules as shadow prices. Their role is not to vindicate claimants' own rights and interests, but to induce us to injure one another only when it is economically efficient to do so. The chief competitors to the economic view take tort law's importance to lie primarily in the duties of repair that it imposes on wrongdoers, or in the powers of recourse that it confers on the victims of tortious wrongs. This book argues that tort law's primary obligations address a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility. Modern tort law is preoccupied with, and responds to, the special moral significance of harm. That special significance sometimes justifies standards of precaution more stringent than those prescribed by efficiency. This book also examines the regulatory and administrative institutions with which the common law of torts cooperates and competes, treating these as part of a continuum of institutions that instantiate the primary role pursued by modern tort law - that is, to protect our physical integrity and other essential interests from impairment and interference by others, and to do so terms that all those affected might accept as justifiable.

This is the first practitioner's work on the new rule (19.III) on Group Litigation Orders under the Civil Procedure Rules. It provides exhaustive analysis of the new rule and relates it to the extensive experience which has been gained in the major multi-party actions of recent years, setting out the key lessons to be learned in terms of how such actions should be managed. Case studies include the Sellafield radiation claims, the Lloyd's litigation, Norplant, the British Coal Vibration White Finger litigation, and other major cases.

This awe-inspiring book is the first of a two volume treatise on the law of non-contractual obligations. The result of a unique attempt to discover the common elements of the law of torts of all the member states of the European Union, it is founded on the belief that the approximation of European laws should not be left to the directives and regulations of Brussels alone. To this end, von Bar has undertaken a thorough, detailed and extensive analysis of the relevant court rulings and academic writings of all the jurisdictions of the European Union to distill a common European law of torts. The insights gained from the comparative analysis also offer a guidance to greater harmonisation in the future. It is destined to become a landmark in the area of comparative law in general, and comparative torts in particular.

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.