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 Preface to the First edition

Preface to the Eleventh edition

1) Introduction

- The nature of law

- Custom, morality and law

- Classification of law

- Characteristics of English law

- Exercises

2) Historical sources of English law

The Common Law

- The Norman Conquest

- The Common Law courts

Equity

- Later history

Legislation

- European Union law

Canon law

The law merchant

Local custom

The nineteenth century

- Reorganization of the courts

- The House of Lords

- Reforming the rules

- Exercises

3) Legal sources

Judicial precedent

- The House of Lords and precedent

- Case law: advantages and disadvantages

- Law reports

- Citation of cases

- Declaratory theory of the common law

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 Community law

- Human Rights Act, 1998

- Law revision and reform

Textbooks

Local custom

- Exercises

4) The courts today

Civil courts

- The House of Lords

- Judicial Committee of the Privy Council

- Court of Appeal (Civil Division)

- The High Court of Justice

- County courts

Criminal courts

- The House of Lord

- Court of Appeal (Criminal Division)

- The Crown Court

- Magistrates courts

Othe courts

- Courts-Martial Appeal Court

- Restrictive Practices Court

- Employment Appeal Tribunal

- Coroners courts

Court of Justice of the European Communities

Administrative tribunals

- Examples of tribunals

Judicial control of administrative tribunals

- Supervision by the Queens Bench Division

- Tribunals and Inquiries Act, 1992

Arbitration

Juries

Legal Services

- Legal Services Commission

- Community Legal Service

- Criminal Defence Service

Lay persons in the courts

- Exercises

5) The judiciary, law officers and the legal profession

The Lord Chancellor

Judges

Attorney General and Solicitor General

Masters

Director of Public Prosecutions

Solicitors

Barristers

Queens Counsel

Licensed conveyancers

De-regulation of legal services

Legal Services Ombudsman

6) Outline of the law of persons

Legal persons

Nationality and domicile

- British nationality

- Loss of nationality

- British Protected Persons

- Aliens

- Domicile

Marriage

Divorce

Domestic proceedings in magistrates courts

Legitimation

Adoption

Guardianship

Illegitimacy

Infants or minors

Corporations

- Classes of Corporations

- Share structure of a company

- The ultra vires rule

- Termination of a company

- Company voluntary arrangements

Unincorporated associations

- Legal liability of ununcorporated associations

Partnerships

Trade unions and employers associations

Employment rights-protection against victimization

Crown proceedings

- The Crown as employer

- The Crown Proceedings Act, 1947

Data protection

- Exercises

7) The low of contract

Essentials of a valid contract

Classification of contracts

Offer and acceptance

- Rules regarding acceptance

Intention to create legal relations

Consideration

- Rules of consideration

Form

The doctrine of Part Performance

Contractual capacity

- Infants or minors

- Corporations

- Insane and drunken persons

- Married women

- Aliens

Terms of a contract

- Exemption clauses

- The Unfair Contract Terms Act, 1977

- Conditions and warranties

Void, voidable, and illegal contracts

- Mistake

- Misrepresentation

- Contracts uberrimae fidei

- Duress and undue influence

Illegality

- Contracts declared illegal by statute

- Contracts illegal at common law

- Effects of illegality

Discharge of contract

Remedies for breach of contract

Privity of contract

Assignment

Interpretation of a contract

Quasi-contract

- Exercises

8) The law of torts

The nature of a tort

- Definition of a tort

- Damage and liability

- Malice

General defences in tort

Capacity of parties

Remoteness of damage

Vicarious liability in tort

- Joint tortfeasors

Trespass

Interference with goods

Nuisance

Negligence

- Contributory negligence

Breach of statutory duty

Death: survival of actions

Occupiers liability

- Dangerous premises

- Trespassers

- Children

The rule in Rylands v.Fletcher

Defamation

Deceit

malicious falsehood

Limitation of actions

- Exercises

9) Trusts

Definition of a trust

Private trusts

Public (or charitable) trusts

Differences between private and charitable trusts

The rules against perpetuities

Trustees

Trust corporations

Appointment of trustees

Termination of trusteeship

Duties and powers of trustees

Liability for breaches of trust

Following the trust property (tracing)

Relief from liability for breach

- Exercises

10) The law of property

Ownership

Possession

Property

Freehold and leasehold land

Reform of the land law

An estate in fee simple absolute in possession

Future estates

Settlements and trusts for sale

- The Settled Land Act, 1925

Co-ownership

Leaseholds

- Tenancies

- Creation of leases

- Duties of landlord and tenant

- Express covenants

Servitudes

Restrictive covenants

Mortgages

The sale of land

Registered land

- Exercises

11) The law of succession

Wills

Legacies and devises

Specimen will

Family provision

Personal representatives

- Probate and letters of administration

Intestacy

Gifts inter vivos

Donatio mortis causa

- Exercises

12) Criminal law

Definition of crime

Sources

Classifications

Criminal liability

- Actus reus

- Mens rea

- Negligence

- Strict liability

- Vicarious liability

- Corparate liability

- Corparate manslaughter

Exemptions from liability

Parties to a crime

General defences

- Automatism

- Mistake

- Insanity

- Intoxication by drink or drugs

- Prevention of crime: arrest

- Private defence

- Necessity

- Duress

- Coercion

- Superior orders

Inchoate offences

Burden of proof

Offences against the person

- Murder

- Manslaughter

- Involuntary manslaughter

- Infanticide

- Causing death by dangerous 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 or her duty

- Protection from harassment

- Firearms and offensive weapons

- Sexual offences

Offences against property

- Offences under the Theft Act, 1968

- Theft

- Robbery

- Burglary

- Removal of articles from places open to the public

- Taking a motor vehicle or other conveyance without authority

- Dealing in stolen vehicle parts

- 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

- Making off without payment

- Criminal damage

- Forgery

- Trespass

- Unlawful eviction and harassment of a residential occupier

Other offences

- Bigamy

- Road traffic offences

- Control of dangerous dogs

- Prevention of terrorism

- Prevention of violence or disorder at football matches

- Assisting arrestable offenders

- Concealing an arrestable offence

- Causing wasteful employment of the police

- Computer misuse

- Mususe of telecommunications system

Provisions for combating crime and disorder

Criminal Injuries Compensation Board

- Exercises

13) Procedure

The new civil procedure

- Case management

- Pre-action protocols

- Commencement of Proceedings

- The claim form

- Statements of truth

- Part 8-alternative procedure for claims

- The trial

- Steps in a default action

- The enforcement of county court judgments

- Costs

- Enforcement of judgments in the High Court

Criminal procedure

Proceedings in magistrates courts

- Process by summons

- Process by warrant

Proceedings in the Crown Court

- Indictment

- Arraignment

- Proceedings against children and young persons

- Arrest and habeas corpus

Standard works

- Exercises

Appendix 1-Glossary of terms

Appendix 2-Examination technique

Appendix 3-Test papers

Appendix 4-List of abbreviations: Law Reports

Appendix 5-Specimen legislative documents

- Parliamentary bill

- Parliamentary bill

- Act of Parliament

- Statutory instrument

Appendix 6-European Union law

- Introduction

- Background

- Sources of Community law

- Primary source law

- Secondary source law

- The European Union today

- Institutions of the European Union

- Bodies of the European Union

- European Union law in the United Kingdom

- Principle of direct effect

- Freedom of movement

- Free movement of goods

- Free movement of persons

- Competition law

- Social policy

- The future

Table of cases

Table of statutes

Index