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Borderlines in Private Law

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General Principles of English Law 6th ed

P.W.D. RedmondBarrister, former Senior Lecturer in Law, City of London College, I.N. StevensSenior Lecturer in Law, the University at Buckingham

ISBN13: 9780712107471
ISBN: 0712107479
Published: May 1992
Publisher: Pearson Education Ltd
Format: Paperback
Price: Out of print



The general principles of the law are examined in this book. Topics covered include the nature and history of English law, the law of torts, equity and trusts, criminal law and the law of property. Test questions are included, as are tables of cases and of statutes.

Contents:
Part 1 The English legal system: nature and history of English law - nature of law, history of common law, history and equity, subsidiary systems of law, the judicature acts; sources of English law - principal sources, custom, legislation, case law; the judicial system - the House of Lords, the judicial committee of the privy council, the court of appeal, the high court, inferior courts, inferior criminal courts, the judiciary, special courts, the legal profession, legal aid, arbitration; the law of persons - legal personality, unincorporated associations, nationality and domicile, marriage, infants or minors, the crown.
Part 2 The law of contract: formalities and consent - formalities, intention to create legal relations, the offer, the acceptance, termination of offer; consideration, privity and capacity; the terms of a contract - general considerations, standard form contracts, exclusion clauses; invalidity - mistakes, misrepresentation, duress, undue influence, void illegal contracts, contracts in restraint of trade, competition law; discharge of contracts - discharge by performance, discharge by agreement, discharge by operation of law; discharge by frustration, discharge by breach, proper law, limitation, remedies; quasi-contracts; agency - creation, termination, duties of principal and agent, the authority of the agent; mercantile law - assignment, negotiable instruments, ""Nemo dat quod habet"", sale of goods, gifts, bailment, hire-purchase, liens.
Part 3 The law of torts: nature of tortious liability; capacity and defense in tort - capacity in tort, capacity specific instances, vicarious liability, general defenses in tort; trespass and nuisance - general, trespass to the person, trespass to land, wrongful interference with goods, nuisance; negligence - the tort of negligence, occupiers' liability; strict liability - meaning and scope of strict liability, the rule in ""Rylands"" v. ""Fletcher"", liability for fire, liability for animals, statutory torts; defamation - general requirements and definitions, defences.
Part 4 The law of property: real and personal property - kinds of property, the 1925 legislation; estates and interests in Land - tenure and estates, legal estates in land, co-ownership, legal interests, equitable interests, strict settlements and trusts for sale; leases, covenants and servitudes - leases, covenants in a lease, restrictive covenants, easements and profits; securities - securities generally, mortgages of land, mortgages of personalty.
Part 5 Equity and trusts: equity - equitable doctrines, equitable remedies, trusts, express private trusts, express public trusts (charities), purpose trusts, variation of trusts, appointment and retirement of trustees, duties and powers of trustees. (Part contents)